1. (a) The costs associated with the site acquisition and to implement the RA as determined necessary in the PEA that has been approved by DTSC subject to the following:

   1. (1) The costs for preparation of the RA.
   2. (2) DTSC costs for review and oversight of the preparation and implementation of the RA. The costs may not include continuous operational and maintenance costs associated with the RA.
2. (b) Fifty percent of the approved relocation expenses that conform to Title 25, Division 1, Chapter 6, Subchapter 1, 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. (c) Site Other - Not less than 50 percent of $50,000 or 50 percent of four percent of the appraised value. This amount shall provide an allowance for any appraisal, escrow, survey, site testing, CDE review/approvals and the preparation of the POESA and the PEA.

4. (d) The limitation of 50 percent of one and one half times the value of an appraisal for costs in subsections (a), (a)(1), and (a)(2) 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 adjacent to the existing Schoolsite and 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 the minimum required to complete the evaluation and RA approved by DTSC.

5. (e) The actual site cost or the appraised value of the site shall be reduced, on a prorated basis, by the percentage of the excess acreage of the site that exceeds the eligible acreage shown below for a kindergarten classroom project, or as approved by CDE, pursuant to Title 5, California Code of Regulations Section 14010(a):

   1 Classroom

   2 Classrooms

   3 Classrooms

   4 Classrooms

   .3 acres

   .5 acres

   .9 acres

   1.6 acres

The Board shall provide funding, in addition to any other funding authorized by these Regulations, for the allowable costs of hazardous materials/waste removal and/or remediation costs. The allowable site costs shall not exceed 50 percent of one and one half times the value of an appraisal that conforms to Section 1860.10.1 for the costs in subsections (a), (a)(1) and (a)(2) plus the additional costs included in subsections (b) and (c). The costs in subsections (b) and (c) are in addition to 50 percent of one and one half times the appraisal value cap:

Note: Authority cited: Sections 17375(f) and 17375(h), Education Code. Reference: Sections 17375(f) and 17375(h), Education Code.

History

1. New section filed 12-14-2018 as an emergency; operative 12-14-2018 (Register 2018, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-14-2018 order transmitted to OAL 6-11-2019 and filed 7-17-2019 (Register 2019, No. 29).

3. Amendment of Note filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-21-2022 order transmitted to OAL 9-16-2022 and filed 10-27-2022; amendments effective 10-27-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).