1. (a) A district is eligible for a separate apportionment for site acquisition even if it does not meet the financial hardship criteria contained in Section 1859.81with the exception of qualifying projects pursuant to the Overcrowding Relief Grant, Section 1859.180, when all the following requirements are met:

   1. (1) The district has eligibility for grants that equal at least 50 percent of the CDE master plan capacity of the site.
   2. (2) The district has received a contingent site approval letter from the CDE indicating that the proposed site is the best available.
   3. (3) The district has obtained a preliminary appraisal or an appraisal of the property by a qualified appraiser utilizing criteria outlined in Section 1859.74.1. The preliminary appraisal report may be made without access to the site.
   4. (4) The district has provided a letter from the DTSC pursuant to Education Code Section 17072.13 that indicates the time necessary to complete the remediation removal of any hazardous materials/waste on the proposed site as determined necessary by the PEA and required in the RA, will take at least 180 calendar days to complete.

2. (b) If the conditions in (a) are met, the district is eligible for a separate site apportionment not to exceed 50 percent of one and one half times the value of an appraisal that conforms to Section 1859.74.1 for the costs included in (b)(1) and (b)(4) plus the additional costs included in (b)(2) and (b)(3). The costs included in (b)(2) and (b)(3) are in addition to 50 percent of one and one half times the appraisal value cap.

   1. (1) The cost of the site as determined in Section 1859.74.1 and the amount the district reasonably expects to pay for any hazardous materials/waste removal and/or remediation costs for the site.
   2. (2) Fifty percent of the estimated relocation expenses that will conform to Title 25, California Code of Regulations, Section 6000, et seq. The reasonable and necessary relocation costs for purchasing fixtures and equipment, personal property, new machinery/equipment, and the installation of any improvements at the replacement residence or business location may be included as relocation assistance.
   3. (3) Fifty percent of four percent of the lesser of the appraised value of the site or the amount the district reasonably expects to pay for the site acquisition including any hazardous materials/waste removal and/or remediation costs for the site, but not less than 50 percent of $50,000.

   4. (4) The estimated DTSC costs for review, approval and oversight of the POESA and the PEA.

      The amount provided in (b) as a separate site apportionment shall be offset from the New Construction Grant amount the district would otherwise be eligible for pursuant to Section 1859.70. A district seeking a separate apportionment for site acquisition shall submit Form SAB 50-04.

3. (c) The limitation of 50 percent of one and one half times the value of an appraisal for costs in subsections (b), (b)(1) and (b)(4) may be exceeded when the Board finds that unforeseen circumstances exist, and when both of the following exist:

   1. (1) CDE determines that the site is the best available site for meeting the educational and safety needs of the School District.
   2. (2) Substantiation that the costs are limited to minimum required to complete the evaluation and RA approved by the DTSC.

Note: Authority cited: Section 17072.13, Education Code. Reference: Sections 17072.13, 17076.10 and 17079.20, Education Code.

History

1. New section filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).

2. Amendment of last paragraph filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).

4. Amendment of last paragraph filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).

6. Amendment of last paragraph filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).

7. Amendment of last paragraph filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).

8. Amendment of subsection (b)(4) filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).

9. Amendment of last paragraph filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).

10. Amendment of last paragraph filed 8-12-2002 as an emergency; operative 8-12-2002 (Register 2002, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-2002 or emergency language will be repealed by operation of law on the following day.

11. Amendment of subsection (b)(3) and last 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.

12. Certificate of Compliance as to 8-12-2002 order transmitted to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).

13. Amendment of subsections (a)(4) and (b)-(b)(3) and new subsections (c)-(c)(2) 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.

14. Amendment of subsections (a)(4) and (b)-(b)(3) and new subsections (c)-(c)(2) 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.

15. Amendment of subsections (a)(4) and (b)-(b)(3) and new subsections (c)-(c)(2) 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.

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

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

18. Amendment of subsection (a) and Note filed 8-31-2007; operative 8-31-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).