1. (a) The Board shall provide 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 funding will be used if all the following are met:

   1. (1) The New Construction funding 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 1860.10.
   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 DTSC.

2. (b) If all the 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 DTSC subject to the following:

      1. (A) The costs may include 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 DTSC.

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 A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency language will be repealed by operation of law on the following day.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).