1. (a) With the exception of projects that received initial site acquisition funds under the SFP, the Board shall provide an funding, in addition to any other funding authorized by these Regulations for the necessary hazardous waste materials/waste removal and/or remediation costs on an existing school site where the New Construction Grants will be used if all the following are met:

   1. (1) The New Construction Grant request is for additional school facilities on an existing school site.
   2. (2) The New Construction Grant request does not include a funding request for initial site acquisition costs allowed pursuant to Sections 1859.74 or 1859.74.2.
   3. (3) The existing school site where the New Construction Grant will be expended has a functioning school on the site or the site had a closed school that will again be used as a functioning school.
   4. (4) The hazardous material cleanup costs are required by the DTSC.

2. (b) If all criteria in subsection (a) are met, the allowable hazardous waste removal cleanup costs shall be one half of all the following:

   1. (1) The costs for preparation of the POESA, the PEA and the RA.

   2. (2) The costs to implement the RA as determined necessary in the PEA that has been approved by the DTSC subject to the following:

      1. (A) The costs may include the DTSC costs for review and oversight of the preparation and implementation of the RA.
      2. (B) The costs may not include continuous operational and maintenance costs associated with the RA.
3. (c) In advance of the New Construction Adjusted Grant, districts performing a RA on additions to existing school sites shall be eligible for the costs associated with evaluation and RA required by the DTSC.

Note: Authority cited: Section 17070.35, Education Code. Reference: Section 17072.18, Education Code.

History

1. New section filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).

2. Amendment of section heading and 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Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.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. New subsection (c) filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.

4. New subsection (c) refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsection (c) refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.

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

7. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).