Cal. Code Regs. tit. 2, § 1859.157.1
Preliminary Apportionment Grant Determination for New Construction Applications.
Effective Jun 15, 2026Register 2026, No. 25Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17070.15, 17078.24, 17078.35, 17078.36, 17078.37 and 17078.38, Education Code.State of California
(a) A New Construction Grant for all eligible pupils included on the Form SAB 50-12 at the per-pupil grant amounts in effect at the time the Preliminary Small School District Program Apportionment is approved by the Board, and eligible New Construction additional grants as follows:
- (1) Fire code requirements pursuant to Section 1859.71.2,
- (2) Energy efficiency pursuant to Section 1859.71.3,
- (3) Individuals with Exceptional Needs pursuant to Section 1859.72,
- (4) An amount equal to 12 percent of the amount determined in (a) for multilevel construction pursuant to Section 1859.73,
- (5) Project assistance pursuant to Section 1859.73.1,
(6) An amount equal to one-half of the site acquisition value pursuant to Sections 1859.74, 1859.74.5, and 1859.75.1, for the lesser of the following:
(A) The value of the property, determined by one of the following:
- 1. Actual Site Cost pursuant to Section 1859.74(a), or
- 2. An appraisal or preliminary appraisal of the property made no more than six months prior to the date the complete and valid Form SAB 50-12 is accepted by OPSC, pursuant to Section 1859.74.1. The preliminary appraisal may be made without access to the property. The acreage identified in the appraisal or the preliminary appraisal may not exceed the proposed useable acreage requested on the Form SAB 50-12, or
- 3. The Median Cost of an acre of land in the General Location of the proposed project using historical information in the General Location multiplied by the number of proposed useable acres requested on Form SAB 50-12. Historical information that may be considered to determine land cost may include prior real-estate sales consummated and documented by the county recorder or pending real-estate sales documented by a title insurance company's escrow instructions. For purposes of historical information, include all real-estate sales consummated and documented by the county recorder for a minimum of six months and a maximum of up to two years prior to the date the Form SAB 50-12 is accepted by OPSC.
(B) An amount for the estimated relocation cost and estimated DTSC costs for review, approval and oversite of the POESA and the PEA as determined by one of the following:
- 1. 15 percent of the value determined in (a)(6)(A)(2.), or
2. Half of the sum of the following:
- a. The approved relocation expenses for the specific site to be acquired that conform to Title 25, California Code of Regulations, Section 6000, et. seq.
- b. The DTSC cost for review, approval, and oversight of the POESA and the PEA for the specific site to be acquired.
- 3. The estimated relocation cost and the estimated DTSC costs for review, approval and oversight of the POESA and the PEA using historical information in the General Location. Historical information that may be considered to determine these estimated costs may include prior real-estate acquisitions of the School District or other School Districts in the General Location.
- 4. Four percent of the amount determined in (a)(6)(A), but not less than $50,000. This amount shall provide an allowance of any appraisal, escrow, survey, site testing, CDE review/approvals and preparation of the POESA and the PEA.
- 5. For allowable costs of hazardous material/waste removal and remediation costs, up to one-half times the value of the property determined in either (a)(6)(A)(2.) or (a)(6)(A)(3.), pursuant to Sections 1859.74.2, 1859.74.3, and 1859.74.4.
(7) An amount for site development cost determined, at the option of the School District, by one of the following:
- (A) One-half of the Site Development Cost for the specific site as authorized by Section 1859.76.
- (B) One-half of the Site Development Cost as authorized by Section 1859.76 using historical information in the General Location. Historical information that may be considered to determine this estimated cost may include prior SFP projects of the district or other districts in the General Location.
- (C) $70,000 multiplied by the proposed acres requested on the Form SAB 50-12.
- (D) 35 percent of the New Construction base grant.
- (8) Energy Efficiency pursuant to Section 1859.71.3.
- (9) An amount for the geographic location of the proposed project pursuant to Section 1859.83(a)
- (10) If the Form SAB 50-12 request is for a new school on a site with no existing school facilities, an amount equal to the difference in the amount determined in (a) and the amount shown in the chart in Section 1859.83(c). To determine the number of classrooms in the proposed project, divide the number of pupils requested on the Form SAB 50-12, by 25 for elementary school pupils, 27 for middle and high school pupils, 13 for Non-Severely Disabled Individuals with Exceptional Needs and 9 for Severely Disabled Individuals with Exceptional Needs. Round up, and
- (11) Small size projects pursuant to Section 1859.83(b).
(12) An amount due to urban location, security requirements, and impacted site equal to 15 percent of the amount determined in (a) for a site that is 60 percent of the CDE recommended site size plus 1.166 percent for each percentage decrease in the CDE recommended site size below 60 percent when the following criteria are met:
- (A) The School District has requested an increase for multilevel construction pursuant to (a)(4) above.
- (B) The Useable Acres of the existing and/or proposed site are 60 percent or less of the CDE recommended site size determined by multiplying the sum of the pupil grants requested on the Form SAB 50-12, and the current CBEDS enrollment on the site (if applicable) by .01775 for elementary school pupils, .021 for middle school pupils and .02472 for high school pupils. For purposes of this calculation, assign Severely Disabled Individuals with Exceptional Needs and Non-Severely Disabled Individuals with Exceptional Needs pupil grants requested on the Form SAB 50-12 as either elementary, middle or high school pupils based on the type of project selected by the School District on the Form SAB 50-12.
- (C) The value of the property as determined in (a)(6)(A) is at least $750,000 per Useable Acre. This criterion does not apply to an application for an addition to an existing school site.
(b) For all Preliminary Small School District Program Apportionments, the inflator factor shall be an amount equal to the sum of the amount determined in (a) and multiplied by a factor determined as follows:
- (1) Divide the January Class B Construction Cost Index in effect at the time of the Preliminary Small School District Program Apportionment by the January Class B Construction Cost Index in effect four years prior to the Preliminary Small School District Program Apportionment. Round to two decimal places.
- (2) Subtract 1 from the quotient in (1). Convert to a percentage with zero decimal places.
- (c) The Project and Construction Management Grant shall be equal to five percent of the sum of the amounts determined in (a) and (b).
A Preliminary Small School District Program Apportionment for New Construction funding shall be equal to the sum of (a) through (c)(2) below:
Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17070.15, 17078.24, 17078.35, 17078.36, 17078.37 and 17078.38, Education Code.
History
1. New section filed 6-15-2026 as an emergency; operative 6-15-2026 (Register 2026, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-14-2026 or emergency language will be repealed by operation of law on the following day.