Cal. Code Regs. tit. 2, § 1859.22 – SFP Application for Funding on Leased Land.

(a) The real property is leased from a governmental agency.
(b) The term of the lease for the land for which the district is requesting SFP funding at the time the Approved Application is accepted is one of the following:
1. (1) At least 25 years if the lease is for real property owned by the federal government.
2. (2) At least 40 years if the lease is for real property owned by a governmental agency other than the federal government.
3. (3) At least 30 years if the lease is for real property owned by a governmental agency other than the federal government and the district has certified to all the following:
  1. (A) There are no other educationally adequate sites for new construction available under a 40-year lease.
  2. (B) The cost per year to lease the real property for no less than 30 years is no greater than the cost per year to lease the real property for 40 years.
4. (4) At least 30 years if the lease is for real property owned by a governmental agency other than the federal government and the district has provided other evidence satisfactory to the Board that a shorter lease term is necessary.
  A district seeking modernization funding on land or facilities leased by the district pursuant to this Section is subject to the adjustment in the district's baseline eligibility pursuant to Section 1859.51(c).
  A district seeking new construction funding on land or facilities leased by the district pursuant to this Section is subject to the adjustment in the district's baseline eligibility pursuant to Section 1859.51(a) and (i).

In addition to meeting the requirements of Sections 1859.20 and 1859.21 or 1859.120, a district may receive SFP funds for facilities that are or will be located on real property leased by the district provided all the following are met:

Note: Authority cited: Section 17070.35, Education Code. Reference: Section 17070.71, Education Code.

History

1. New section filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).

2. Amendment of first paragraph filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).