2005 California Education Code Sections 16000-16105 Article 1. General Provisions

16000.  This chapter may be cited as the State School Building Aid
Law of 1952.
16001.  The Legislature hereby declares that it is in the interest
of the state and of the people thereof for the state to aid school
districts of the state in providing necessary schoolsites and
buildings for the pupils of the public school system, this system
being a matter of general concern inasmuch as the education of the
children of the state is an obligation and function of the state.
   In adopting this chapter, the Legislature considers that the great
need in school construction is for classrooms for the education of
the pupils of the public school system.  It is the intent of the
Legislature to first satisfy this primary need to the greatest extent
possible before providing additional educational facilities,
regardless of how desirable such additional facilities may be.  To
the end that school classrooms may be made available at once and to
all school districts in need of such classrooms, provisions for other
needed school facilities is necessarily subordinated.
16002.  As used in this chapter:
   (a) "Board" means the State Allocation Board.
   (b) "Director" means the Director of Education for kindergarten
and grades 1 to 12, inclusive.
   (c) Notwithstanding any other law, the term "project" shall be
deemed to include any or all of the purposes for which a school
district has applied for apportionments under this chapter, pursuant
to any regulations that the State Allocation Board may adopt.
   (d) "Grade level maintained by a district" means any of the
following:
   (1) The kindergarten, if any, and grades 1 to 6, inclusive, or
grades 1 to 8, inclusive, maintained by an elementary school district
or a unified school district.
   (2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or
grades 7 to 10, inclusive, maintained by a high school district or
unified school district.
   However, not more than one grade level shall be claimed by any
district under any one of the paragraphs of this subdivision.
   (e) "Apportionment" means an apportionment made under this chapter
unless the context otherwise requires.  The term "apportionment" in
Sections 16091, 16097, 16099, 16100, 16104, 16105, and any other
section in this chapter where the context justifies, shall be deemed
to include funds of a school district required by the board to be
contributed toward the purposes thereof.  It is hereby declared that
this construction is not intended as a change in the present law but
rather as a declaration of existing law.
16002.5.  For the purposes of this chapter, the term "basic bond
requirement," means 5 percent of the assessed valuation of taxable
property of the district for each grade level maintained by a
district, as shown by the last equalized assessment of the county or
counties in which the district is located, and as modified by Section
41201 or Section 84201.
16003.  With respect to applications filed on and after the
effective date of this section by a unified district and any
apportionments and repayments made under the applications, "grade
level maintained by the district" means the kindergarten, if any, and
grades 1 to 12, inclusive, maintained by the district.
   A unified district if otherwise eligible, may apply for and
receive an apportionment for either one or both of the grade levels.
   This section shall not apply to a unified district during the
first three years following the effective date of this section, or
during the first three fiscal years in which the district is in
existence for all purposes, if the governing board of the district
transmits to the board a written notice stating the district desires
to be exempted from this section during that period.
16004.  Notwithstanding any provision of this chapter to the
contrary, the board shall review each application and shall take
action to insure that apportionments are not made that will provide
for construction of permanent facilities to meet temporary peak
enrollments at any site or at any grade level.  In cases deemed by
the board to be hardship cases involving high school or unified
school districts where the district will not be able to house high
school pupils under basic area limitation formulas prescribed in this
chapter, the board may make apportionments for high school
facilities in excess of the limitations.  In that event, the board
may provide for the construction of portable facilities at any
particular site for which the apportionments are made, particularly
where the board determines that there will be, within a six- to
nine-year period immediately following the apportionment for
facilities at the site, a diminution in enrollment at the site
justifying relocation of facilities.  In no event shall the board
have any authority to make an apportionment for construction area at
a high school attendance center which, when added to the area of
adequate school construction at that center, would exceed the area
permitted therefor by Sections 16053 and 16054.
16005.  The Director of General Services shall administer this
chapter and shall provide any assistance to the board that it may
require.
16006.  The State Allocation Board is continued in existence for the
purposes of this chapter.  The members of the board and the Members
of the Legislature meeting with the board shall receive no
compensation for their services under this chapter but shall be
reimbursed for their actual and necessary expenses incurred in
connection with the performance of their duties hereunder, to be paid
out of the State School Building Aid Fund.
16007.  The board by the adoption of rules shall give priority in
allocating funds to districts to those districts where the children
will benefit most from additional schoolhouse facilities.  This
priority shall be based on acuteness of overcrowding, on rapidity of
growth in attendance, and on the time the district's application has
been ready for allotment.  The board may make exceptions when it
determines that it will be for the benefit of the children affected.
   The State Department of Education shall assist and cooperate with
the board in determining priorities.
16008.  In allocating funds under this chapter, the board may give
first priority to school districts for the replacement and repair of
school buildings and necessary facilities appurtenant thereto damaged
by any earthquake occurring subsequent to July 1, 1952.  All of the
provisions of this chapter apply to the districts except the
provisions for the establishment of priorities.
   Prior to making any apportionment under this section, the State
Allocation Board may secure from the Department of General Services,
a report showing the urgency of the work of replacement or repair for
which an application has been filed.  The report shall not be
conclusive upon the State Allocation Board, but shall be advisory
only.
16009.  In addition to any other powers and duties that are granted
the board by this chapter, the board shall:
   (a) Establish any qualifications not in conflict with other
provisions of this chapter that it deems will best serve the purposes
of this chapter for determining the eligibility of school districts
to apportionments of funds under this chapter.
   (b) Establish any procedures and policies in connection with the
administration of, and the expenditure of funds made available for
the purpose of, this chapter that it deems necessary and which are
not in conflict with the powers and duties of the State Department of
Education or of the director granted or imposed by this chapter.
   (c) Adopt any rules and regulations for the administration of this
chapter, requiring the procedure, forms, and information, that it
may deem necessary.
16010.  The State Department of Education, in addition to any
responsibilities or approvals required under Sections 39000 to 39323,
inclusive, shall provide the following services to school districts
making applications for apportionments under this chapter:
   (1) It shall assist school districts in organizing a comprehensive
planning effort. It shall guide a planning process through its
appropriate steps and, when requested by a school district, it shall
provide the school district with sources of expertise, either public
or private, which may be able to contribute to the development of
plans to find solutions for specific problems a school district may
have.
   (2) It shall provide continuing research in relation to all phases
of educational programs and the school facilities that are required
to implement these educational programs.
   (3) It shall provide a review and evaluation service to school
districts to assure the effectiveness of the facilities that have
been provided in accommodating educational programs.
   (4) It shall provide communication media through publications,
seminars, and prepare planning guides and procedures containing
recommendations, which guides shall be used to disseminate
educational planning information to all school districts.
16011.  Each school district which desires an apportionment of funds
under this chapter shall, unless specifically exempted by the board,
prepare a long-range comprehensive master plan for the district
prepared in accordance with acceptable planning procedures.
Information relating to the following factors should be included in
this master plan:
   (a) A statement of the educational programs and goals of the
district in relation to its programs, both current and future.
   (b) A comprehensive evaluation and report of the utilization of
the school facilities now existing in the district.
   (c) A comprehensive demographic study of the district, as it
currently exists and as projected into the future.
   (d) A policy statement regarding actual or potential human
problems.
   (e) A policy statement as to the priority in which the district
proposes to solve its school housing problems.
   (f) A policy statement regarding cooperation with other local
public agencies to achieve total community development.
   (g) A policy to insure continuous review so that plans will be
kept up to date and changing conditions will be reviewed and
accommodated by appropriate revision of plans.
   The director shall review the long-range master plan and project
development plan and shall report his or her findings and
recommendations thereon to the board.
16012.  The board shall prescribe instructions specifying the manner
in which property, real or personal, being replaced through the
apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment.  The net proceeds derived from the disposition shall
be contributed in reduction of any apportionment.  Any school
district affected shall comply with instructions prescribed by the
board.  The board may require a district to transfer to the state, by
any instruments deemed appropriate by the board, title to property,
whereupon, the board shall dispose of the property in any manner it
deems appropriate to insure the highest return to the state, and
apply the proceeds therefrom in reduction of apportionments to the
district.  The district affected shall do all things deemed necessary
by the board to implement the disposition.  Whenever the board
determines it to be in the best interests of the state, an
apportionment may be made for the demolition of any facilities
replaced through an apportionment.  This section shall be applicable
to property replaced by apportionments heretofore or hereafter made
under this chapter or Chapter 6 (commencing with Section 15700) of
this part.
16013.  Notwithstanding any other provisions of this chapter, the
board may grant priority in the apportioning of funds to school
districts to those districts which have sold facilities replaced
under a previous application and have applied the proceeds therefrom
in reduction of prior apportionments to the district.  Apportionments
so made shall not be in excess of the amount of the proceeds which
were applied to prior apportionments subsequent to July 1, 1970, and
shall be made only for projects which were approved by the board
prior to July 1, 1970.
16014.  Apportionment from the State School Building Aid Fund to
school districts shall be made in the manner and subject to the
conditions herein provided and in accordance with policies adopted by
the board, for the following purposes, all of which purposes are
hereby declared to be, and are, public works:
   (a) The purchase and improvement of schoolsites which have been
approved by the State Department of Education.
   (b) The purchase of necessary desks, tables, chairs and other
movable furniture and equipment, as approved by the State Department
of Education.
   (c) The planning and construction, reconstruction, alteration of,
the moving of portable classroom buildings on an existing site or to
another schoolsite, and addition to, school buildings, including
built-in or fixed equipment, for any facilities that are approved by
the State Department of Education as essential, except a room used
solely for an auditorium for a school of any type or class and a room
used solely for a gymnasium or a room used solely for a cafeteria
for elementary schools.  This section does not prohibit the State
Department of Education from approving multipurpose rooms which are
rooms designed to be used for two or more of the following purposes:
   (1) Classroom.
   (2) Auditorium.
   (3) Gymnasium.
   (4) Cafeteria.
   (5) Any other purposes that district requires which are approved
by the State Department of Education.
   Where a district is required by a contract entered into between
itself and a contractor, to obtain at its own expense insurance
covering risks incurred during any construction, reconstruction or
alteration for which an apportionment has been made, the cost thereof
may be paid either directly, or by way of reimbursement, to the
district out of the apportionment, or out of any apportionment made
specifically covering the insurance.  However, in other respects the
apportionments are eligible for payment under this chapter.
   In addition to the foregoing, the board may make an apportionment
to a school district for the purchase from another school district of
existing facilities, real or personal, including the site thereof,
or any portion of any of the foregoing, providing that the board
finds that it is economical and good practice on the part of the
acquiring district to purchase the same, and that the consideration
to be paid in the light of all the circumstances surrounding the
transfer is fair and equitable both to the acquiring district and to
the state.
16015.  Notwithstanding any other provisions of this chapter, the
board may make an apportionment to any school district for the cost
of leasing portable classrooms during the period in which additional
school facilities are being constructed by a previously approved
project, provided that each of the following conditions is satisfied:
   (a) The district has received a final apportionment for the
previously approved project and the construction of which has not yet
been completed.
   (b) Estimates of average daily attendance used for justifying the
previously approved project indicate either of the following:
   (1) An increase over the base period of projection of at least 15
percent.
   (2) A substantial number of district classes being on triple
session during the period of construction, as determined by the State
Allocation Board.
   (c) The district is making maximum use of its existing facilities
through the operation of one or more continuous school programs.
   Any apportionment made to a school district pursuant to this
section shall be added to the final apportionment for the previously
approved project specified in subdivision (a), and the repayment
thereof by the school district shall be made under the same terms and
conditions as prescribed for the final apportionment.
16016.  A leasehold or use permit interest held by a school district
in land owned in fee simple by the government of the United States
may, for all purposes of this chapter, be deemed a purchase of land
by the district and to vest title and ownership in the district.
16017.  The board shall not make any apportionment with respect to
an application for replacing inadequate school facilities unless it
has first investigated and made a finding that it would not be
economical or good practice to rehabilitate said facilities.
16018.  In addition to the purposes for which apportionments may be
made to school districts under Section 16014, apportionments may also
be made to school districts for the construction, repair, attachment
or development of offsite facilities, utilities or improvements
which the board determines are necessary to the proper operation or
functioning of the school facilities for which apportionments are
made, all of which purposes are hereby declared to be, and are,
public works.
16019.  In making applications for, and in expending apportionments
of funds under this chapter, a school district acts as an agent of
the state and all sites purchased and improved, all equipment
purchased, and all buildings constructed, reconstructed, altered, or
added to through the expenditure of funds apportioned under this
chapter, are declared to be, and are, the property of the state.
   The Director of General Services shall file with the county
recorder of the county in which any site purchased or improved
through the expenditure of funds apportioned under this chapter is
located a certificate, properly acknowledged, indicating the state's
interest in real property of the district by virtue of this section,
without the necessity of particularizing the real property.  The
recorder shall record and index the certificate in the same manner as
abstracts of judgments and the certificate shall constitute
constructive notice of the state's interest in the particular real
property affected.  The certificate shall as to any party thereafter
acquiring real property or any interest therein in the county from
the school district have the same force, effect and priority as if it
had been a judgment lien imposed upon real property which was not
exempt from execution.  This effect shall commence upon recordation
and continue until the certificate is discharged or released as
provided herein.
   Upon request the Director of General Services shall do each of the
following:
   (a) Issue a release of the state's interest in any real property
or a portion thereof that the district has been authorized by the
board to dispose of under Section 16105, provided that delivery of
the release may be subject to any conditions that may be prescribed
by the board to protect the state's interest.
   (b) Issue a disclaimer of the state's interest in any real
property or a portion thereof of the district, the disposition of
which the board is not required to consent to under the terms of
Section 16105, provided that the delivery of the disclaimer may be
subject to any conditions that the board deems appropriate to protect
the interests of the state, including conditions relating to the
amount of consideration to be received from the disposition where the
board asserts an interest in the proceeds of the disposition under
other provisions of this chapter.  The release or disclaimer shall
conclusively protect any third party relying upon the same and shall
be acknowledged to permit recordation by the county recorder.
   Upon payment by the district of all amounts required to be paid by
it or on its behalf to the state under this chapter each of the
following shall occur:
   (a) The Director of General Services shall file with the recorder
a release of any certificate.  The release shall be recorded and
indexed in the same index as the certificate.
   (b) The title to personal property purchased by the school
district with funds apportioned under this chapter shall revert to
the school district without further action by the state.
16020.  The board may require school districts to insure for the
benefit of the state all sites, equipment, and buildings which are
under Section 16019 the property of the state, against any risk and
in any amounts that the board may deem necessary to protect the
interests of the state.  No state funds apportioned under this
chapter shall be used to pay the premiums on the insurance.
16021.  A school district shall not expend money apportioned under
this chapter unless the contracts under which the funds are expended
have been let after competitive bids thereafter pursuant to this
code.
16022.  Funds apportioned to a school district under Section 16024
for a project, remaining unencumbered or unexpended one year from the
date the application of the district for apportionment was approved,
shall not be encumbered or expended except as provided in this
section.
   The governing board of the district shall notify the board of its
desire to encumber or expend funds.  The board shall immediately
request the State Department of Education to, and the department
shall, review the project for which apportionment was made.  If the
State Department of Education finds that the conditions existing at
the time it approved the project for which the apportionment was made
have so changed that the needs of the district are less than
originally determined, it shall notify the board of its findings and
of the respects in which the project should accordingly be modified.
The board shall review the project and revise the project in any
manner that it deems necessary subject to Section 16067, and make any
changes in the purposes for which the apportionment may be expended
that it deems necessary.  The cost of the project as revised by the
board shall be computed in the manner prescribed by Section 16024 and
the excess, if any, of the amount theretofore apportioned to the
district over the computed cost of the revised project shall be
deducted by the board from the apportionment made to the district.
The board shall give notice of its action, in writing, to the
Controller, the governing board of the district, and the county
auditor and the county treasurer having jurisdiction over the state
school building fund of the district.  If the amount of the excess,
or any portion thereof, has not been paid to the district, the
excess, or portion thereof, shall be made available for apportionment
to other districts, if the excess, or portion thereof, has been paid
to the district, it shall not be encumbered or expended by the
district and shall become due and payable to the State of California.
  The governing board of the district and the county treasurer shall
pay the amount to the Treasurer, out of the funds, and in the manner
specified in Section 16100.  The payment shall, on order of the
Controller, be deposited in the State School Building Aid Fund in the
State Treasury.
   It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
   This section does not authorize the board to increase any
apportionment made to a school district.
16023.  Notwithstanding any other provisions of this chapter, a
district may apply, on a separate application, for an apportionment
for the purchase of laboratory and vocational training equipment,
whether or not the equipment is for use in connection with a
construction project.
   All of the provisions of this chapter apply to the application and
apportionment except that:
   (a) Any application for the equipment pursuant to this section
which is received by the board shall be transmitted to the State
Department of Education.  If the State Department of Education
approves the application, it shall refer it to the board which shall
either approve or reject the application pursuant to Section 16024.
Any provision of Section 16024 inconsistent with this section shall
not apply to the application.
   (b) Section 16007 does not apply.
   (c) If the application is approved and an apportionment granted
therefor the district shall repay the full amount of the
apportionment and the interest thereon.  The repayment of the
apportionment, and the interest thereon, may be over a period of
years, not to exceed 20 years from the first day of January of the
fiscal year next succeeding the fiscal year in which the
apportionment became final.  The number of years allowed for
repayment shall be determined by the board at the time it fixes
interest on the apportionment.  The repayment is in addition to any
other repayment required under this chapter.
16024.  Each school district that desires an apportionment for a
grade level maintained by it, shall submit through its governing
board to the board an application therefor in the form and number of
copies as the board shall prescribe.  Each copy of the application
shall be accompanied by a statement of the estimated cost of the
project certified by an architect or structural engineer, and by
layout plans showing the entire construction project for which the
district desires an apportionment.  Before the board approves an
application for a construction project and makes an apportionment
pursuant to this chapter, it shall, after consultation with the
Department of General Services, establish standards for all new
construction included therein.  After this consultation the board
shall establish current construction cost standards for that
construction.  The standards shall not exceed typical comparable new
construction by school districts in the same area not receiving or
eligible for apportionment under this chapter, or if there has been
no new construction by school districts in the area, the standards
shall not exceed the reasonable current cost of similar construction
in the area.  The board shall determine these typical current costs
or reasonable current costs.  In applying those standards the board
shall take into account the size and type of the construction
proposed and may make deviations as in their judgment are justified.
When a standard has been set by the board to cover any individual
apportionment, no apportionment shall be made by the board in excess
of that standard, unless the board shall find that in view of a rapid
increase in building costs an adjustment is warranted.  Immediately
upon receipt of an application in the prescribed form accompanied by
the required estimate of cost, a copy thereof shall be transmitted by
the board to the director and to the Director of General Services.
   A school district shall not let any contract for new construction
included in an application for a construction project that has been
approved by the board if the cost exceeds the construction cost
standards fixed by the board under this section for that new
construction.
   A school district may at any time amend or supplement its
application.
   Each construction project for which a district applies for an
apportionment shall be applied for on a separate application and
shall be considered separately by the board.  If a district applies
for more than one construction project, at the same time or at
different times, the priority points of the district shall be
recalculated after the approval of each separate construction project
and before a subsequent construction project is approved.
   The board shall require the changes in the plans that an applicant
school district submits with its application as the board determines
is necessary or desirable to reduce the cost of the project.  The
board may also, by rule, provide for the vesting in the director or
in the Director of General Services of the responsibility for
requiring those changes, according to whether the subject matter of
the change is subject to the jurisdiction or approval of the director
or the Director of General Services, respectively.
   The board may, for good cause as it shall determine, reduce the
amount of, or modify any provisions relating to, any contribution
required of a school district under the terms of an apportionment,
other than any contribution required of the district under Section
16058 from the sale of bonds.  However, the board may not, without
the consent of the district, increase the amount of any district
contribution under the terms of an apportionment, in the absence of
mistake arising from any source, or misrepresentation, concealment,
or omission, on the part of the district, intentional or otherwise.
The provisions of this paragraph shall be applicable to
apportionments heretofore or hereafter made.
   The Director of General Services shall determine the school
district's financial ability to meet all or a portion of the cost of
the project and the amount that the school district can contribute
toward the cost of the project out of its available funds, and shall
submit his or her report thereon to the board.
   The term "available funds" as used in the preceding paragraph
means funds of the district other than funds received by gift or
bequest.
   The director shall, as promptly as possible, prepare a report and
recommendation with respect to the application and refer the
application, report, and recommendation to the Director of General
Services, who shall, if he or she finds the documents to be in proper
form and otherwise sufficient, refer them to the board.  If the
director finds the documents to be lacking in any respect as to any
matter that is subject to the jurisdiction or approval of the
director or the State Department of Education, or the board of
governors, as appropriate to their jurisdiction, he or she shall
refer them to the director who shall take action as may be necessary.
  Subject to this chapter, the board shall approve or reject each
application referred to it by the director.  If the board approves of
the application, either in whole or in part, it shall, by a
resolution adopted by it, apportion to the district from the State
School Building Aid Fund the amount applied for, or any portion
thereof as the board may deem appropriate. However, it may order that
the apportionment or any part thereof shall be paid in progressive
installments at the time and under the conditions as it may then
prescribe.  This shall be known as a conditional apportionment and
shall become final only if the vote provided for in Section 16058 is
favorable and if bonds are authorized and sold in the amounts
prescribed by the board, and the proceeds of the bonds sold earmarked
for the project as approved.  The conditional apportionment shall
remain effective for a period of 12 months from the date of the
resolution of the board, and if it does not become a final
apportionment by that date, it shall become void and the money so
apportioned shall become again available for apportionment pursuant
to this chapter.
16025.  Notwithstanding any other provisions of this chapter, a
school district otherwise eligible to receive a conditional
apportionment under this chapter may apply for an adjustment of
annual repayment obligations in lieu of receiving the conditional
apportionment.
   The board may require any information that is necessary to
determine the number of units of estimated average daily attendance
for which the district would have been eligible to construct school
facilities under this chapter, if the conditional apportionment had
been made and had become final.  These units shall be known as
"eligible attendance units."
   The board shall then determine an "eligible facilities cost" by
multiplying the number of the eligible attendance units by the
average cost of housing elementary or high school pupils as set forth
in the latest report to the Legislature required under Section
16098.
   In any fiscal year in which the school district is in the judgment
of the board operating sufficient year-around classes to provide
housing for the eligible attendance units aforementioned, the
Director of General Services shall add to the amount which he or she
is required to certify to the Controller under Sections 16072, 16084,
and 16086 an amount equal to one-twentieth of the eligible
facilities costs.
   The additional amount so certified shall be considered for all
purposes of this chapter as eligible bonded debt service.
16026.  Notwithstanding any other provisions of this chapter, any
school district whose governing board has adopted and put into effect
a year-round school operation plan or continuous school program, as
defined in Section 16030, or has adopted a plan or program for
operation in the following school year, may apply to the board and
the board may provide financial assistance in furnishing and
installing an air cooling system in those facilities which will be so
operated, so long as the construction of the facility was commenced
prior to December 31, 1972.  Financial assistance provided by the
board may be in any of the following forms:
   (a) An apportionment pursuant to Section 16024.
   (b) An authorization to use proceeds from the sale of district
bonds.
   (c) An authorization to use the net proceeds derived from the sale
of unused schoolsites whether or not there are unpaid apportionments
outstanding against the sites.
   The board shall establish cost standards applicable to the
furnishing and installing of air cooling systems in existing schools.
  No apportionment or authorization shall be made by the board in
excess of the standard established for the apportionment.
16027.  In any fiscal year in which the school district is
conducting a year-round school operation or continuous school
program, as defined in Section 16030, utilizing a facility for which
financial assistance was provided by the board under Section 16026,
the Director of General Services shall add to the amount which he or
she is required to certify to the Controller under Sections 16072,
16084 and 16086 an amount equal to the debt service for retirement of
bonds authorized for use under Section 16026.
16028.  Any authorization of the proceeds derived from the sale of
an unused site pursuant to Section 16026 shall constitute a
conversion of the unpaid portion of the apportionment to the
application for an air cooling system as if an apportionment had
originally been made therefor.  The converted apportionment shall be
repaid pursuant to Section 16069 irrespective of Section 16105.
16028.5.  Whenever a school district has received an increased
building cost allowance pursuant to Section 16024 or 16026 for the
purpose of providing facilities for year-round school operation as
defined in Section 16030, and in any fiscal year subsequent to the
fiscal year in which the facilities are completed fails to conduct a
year-around school operation, the Director of General Services shall
in the following fiscal year deduct an amount from the eligible
bonded debt service of the district equal to one-twentieth of the
amount of the increased cost allowance plus interest thereon.  The
total amount to be deducted in subsequent fiscal years after the
completion of the facilities shall not exceed seven-twentieths of the
amount of the increased allowance, plus interest.
16029.  Notwithstanding any other provisions of this chapter, a
school district qualifying for an adjustment of annual repayment
obligations under Section 16025 or 15731 may apply for an
apportionment under this chapter.
   The apportionment shall not exceed the "eligible facilities cost",
as defined in Section 16025 or 15731, and may be made available,
upon the review and recommendation of the State Department of
Education, only for the modifications of existing facilities
necessary for the implementation of continuous school programs (as
defined in Chapter 5 (commencing with Section 37600) of Part 22).
   In allocating funds under this chapter, the board may give first
priority to school districts for modifications to existing facilities
to be made pursuant to this section when in the judgment of the
board the modifications of existing facilities are necessary for
operation of year-round classes.  In no event shall apportionments be
made for modifications to a standard greater than could have been
constructed in a new school building under this article.  All of the
provisions of the chapter apply to the districts except the
provisions for the establishment of priorities.
   Any apportionment made under this section shall be deducted from
the eligible facilities costs before the Director of General Services
makes his or her computation of the adjustment under Section 16025
or 15731.
16031.  Notwithstanding any provision of this chapter to the
contrary, no school district shall be required, except as provided in
this section, to contribute toward the cost of a project for which
an application for an apportionment is filed, any of the following
funds of the district:
   (a) Amounts in the general fund of the district which are
apportionments from the State School Fund.
   (b) Amounts in the general fund of the district which are the
proceeds of a tax levy and have not been earmarked by the governing
board of the district or the electors of the district for any
purposes for which school district bonds may be issued and sold.
   In considering an application for an apportionment the board may
review the purposes for which the district has expended or encumbered
proceeds from the sale of district bonds authorized to be issued at
an election held on or after September 3, 1952.  Upon a finding by
the board that any such proceeds have been expended or encumbered for
purposes outside the scope and intent of this chapter, the board may
require the district to contribute toward the project for which an
apportionment is sought from any funds of the district, except those
referred to in subdivision (a) above, an amount equal to the amount
of district bonds proceeds expended or encumbered for purposes
outside the scope and intent of this chapter.  Proceeds from the sale
of district bonds which have been encumbered or expended for the
purchase of schoolbuses authorized by Section 15100 shall be deemed
encumbered or expended for purposes outside the scope and intent of
this chapter.
   If a district is required pursuant to this section to make a
contribution toward the project for which an apportionment is sought
as a result of the purchase prior to January 1, 1967, of schoolbuses
authorized by Section 15100 out of proceeds from the sale of district
bonds, the district at the time that the board determines that the
contribution is required may agree to pay the required contribution
by payment into the State School Building Aid Fund by 10 or less
annual installments payable without interest over a period not
exceeding 10 years after the date of the final apportionment.  The
first installment shall be due and payable one year after the date of
the final apportionment.  The installment payments shall be made by
the governing board of the district from moneys in the general fund
of the district if money is available therefor.  If the governing
board of the district determines that money is not available in the
general fund of the district for such purposes, the maximum rate of
school district tax for any school year is hereby increased for any
school year by such amount not to exceed the amount of the proposed
payment into the State School Building Aid Fund as shown by the
budget for such school year as finally adopted by the governing board
of the district, less any unencumbered balances remaining at the end
of the preceding school year derived from the revenue from the
increase in the rate of tax provided by this section.
16032.  Notwithstanding any other provisions of this chapter,
whenever the board makes a finding pursuant to Section 16031 that
proceeds from the sale of district bonds have been expended or
encumbered by a school district for purposes outside the scope and
intent of this chapter the board, in lieu of requiring the district
to contribute toward the project for which an apportionment is sought
from any funds of the district, may stipulate that such bond funds
expended or encumbered shall not be considered as "eligible bonded
debt service" as defined in Section 16070 and 16084.
16033.  The expenditure by a school district, prior to the filing of
an application for an apportionment under this chapter, of proceeds
from the sale of district bonds for the construction of a swimming
pool, shall not in and of itself constitute grounds for denying an
apportionment, but the board may require a contribution of district
funds therefor under Section 16031.
16034.  Before the board approves an application for a furniture or
equipment project, or an application for a new construction project,
including furniture and equipment, and after consultation with the
State Department of Education, it shall establish current furniture
and equipment cost standards.  Such standards shall not exceed the
quantity and quality of furniture and equipment for comparable
facilities purchased by school districts not receiving or not
eligible for an apportionment under this chapter.  Such standards
shall consist of equipment costs for each type of classroom or pupil
station which represents a differential in costs.  The standards
shall be reviewed quarterly by the board and adjustments made in
accordance with current cost standards.  When standards have been
adopted by the board, no apportionment shall be made by the board in
excess of such standards unless a rapid increase in costs warrants an
adjustment.
   Before the board approves an application for furniture and
equipment in connection with an application for the replacement of,
reconstruction of, alteration of, or addition to, a school building,
the State Department of Education, after full consideration of all
the furniture and equipment existing in the applicant district that
is in usable condition, shall recommend the amount that shall be
approved in the application.  The board may approve all or a portion
of the amount so recommended.
16035.  The board may approve, in whole or in part, an application
submitted by a school district under Section 16024 and in such
amount, not exceeding the amount applied for, as the board may deem
appropriate.
   The board may, upon approval of the application, in whole or in
part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount determined by the board, to the applicant
school district from the State School Building Aid Fund for that
portion or portions of the construction project as the board
determines the district is ready to proceed with.  If the board has
approved an application and made an apportionment as to a portion or
portions of a construction project, the board may approve the
remaining portion or portions of the construction project and make an
additional apportionment or apportionments within five years after
the original approval without requiring a district to issue
additional bonds.  The board may also make an additional
apportionment or apportionments for a period of time in excess of
five years after the original approval without requiring a district
to issue additional bonds if it has made a finding that the
additional apportionment or apportionments are justified by virtue of
the fact that state funds were not available for apportionment
within the two-year period after the original approval because of the
inability of the state to sell authorized state bonds within the
maximum permitted interest rate.
   If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
the district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board.  Before the additional apportionment becomes
final the district, pursuant to Section 16058, shall hold an election
to repay the amount of the additional apportionment which is in
excess of the amount which the district has previously voted to
repay.  The additional apportionment shall become final when the
county superintendent of schools transmits to the board and the
Controller a certificate in duplicate stating that the school
district has authorized the acceptance and expenditure of the
necessary amount of the excess.  If the additional apportionments are
made by the board within five years after the original approval,
except an apportionment made final pursuant to subdivision (c) of
Section 16058, the district shall not be required to issue additional
bonds.
   Except as otherwise provided in this section, all provisions of
this chapter relating to apportionments shall apply to apportionments
made under this section.
   Whenever an apportionment has heretofore been made or is hereafter
made to a district for a site and the district heretofore or
hereafter proposes to acquire the site through negotiation or
condemnation but the total acquisition cost thereof, plus all other
costs incidental to either the acquisition or condemnation of the
site, exceeds or exceeded the apportionment for the site, the board
may at any time hereafter make an additional apportionment to provide
for the differential in total acquisition cost without the district
being required to issue additional bonds to qualify, providing the
board finds (1) that it is in the interest of the state to proceed
with the acquisition despite the acquisition costs, and (2) that the
district is unable to provide, or it would be a hardship to require
it to provide, the excess costs.  The board may also, in its
discretion, as a condition of making the apportionment, require the
district to repay in full all or any part of the excess
apportionment, under the terms and conditions that the board deems
desirable, and the district shall be empowered and obligated to
comply if it accepts the excess apportionment, notwithstanding any
other law to the contrary; provided, (1) that no the repayment shall
be required from any source that would be exempt from required
contribution toward the cost of a project under Sections 16024 and
16031 (excepting amounts in the General Fund raised by taxes to pay
any judgment requiring the repayment), and (2) that any portion of
the apportionment not required to be repaid in full, shall be
repayable in the same manner as a construction apportionment.
   Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16036.  The board shall, after consultation with the State
Department of Education, establish site cost standards which shall be
used in evaluating the cost in relationship to the size of any site
to be acquired wholly or partially with funds apportioned under this
chapter.  In determining the standards, consideration should be given
to the following factors:
   (a) The grade level of the school.
   (b) The location of the school.
   (c) The enrollment to attend the school.
   (d) The purchase price of each acre of the site.
   (e) The site development cost.
   (f) Land use in the area.
16037.  Notwithstanding any other provision of this chapter,
whenever the board has made an apportionment more than two years
after the original approval of and apportionment for any construction
project, and pursuant to Section 16035 has required the district to
issue additional qualifying bonds as a condition of the
apportionment, the board may continue to make apportionments as it
may consider necessary to complete the approved construction project
without requiring further qualification by the district, provided the
apportionments are made within two years of the date upon which the
additional qualifying bonds were required.
16038.  Notwithstanding the provisions of Section 16035, if the
board has approved an application for a construction project and has
made an apportionment therefor, the board may make an additional
apportionment or apportionments for a period of time in excess of two
years after the original approval without requiring a district to
issue additional bonds; provided that:  (1) the approved project
provides for the structural rehabilitation of an unsafe school
building, and (2) the apportionment is necessary to cover costs
resulting from additional items of work necessary for compliance with
structural safety requirements, and the need for such additional
work was not foreseen at the time of the original apportionment.
16039.  Notwithstanding any other provisions of this chapter, a
district which applies for an apportionment for the purchase of a
site or for the cost of the preparation of plans and specifications,
which is not a part of a construction project, shall make a separate
application for the site or plans and specifications in the same
manner as prescribed by Section 16024.
   All of the provisions of this chapter apply to that application
and apportionment except that:
   (a) If the State Department of Education determines that within
five years in the case of an application for an elementary grade
level maintained by the district, or within seven years, in the case
of an application for a high school grade level maintained by the
district, from the date of the application for the site or for the
plans and specifications, there will be sufficient enrollment in the
district, based upon enrollment projection criteria adopted by the
board, to show the need of such site or for the plans and
specifications, it may approve the application. The board may modify
a determination respecting future enrollment in connection with an
application for an elementary grade level maintained by the district
to utilize a period of seven years from the date of the application
if it is necessary to meet the emergency conditions existing in that
certain district due to a rapid increase in the enrollment of pupils,
or due to the scarcity of land within the district, or both. Any
application referred to the board pursuant to this section may be
either approved in whole or in part, not exceeding the amount applied
for, as the board may deem  appropriate, pursuant to Sections 16024
and 16035, except that the board may approve additional portions of
an application and make an additional apportionment or apportionments
within five years of the original approval without requiring a
district to issue additional bonds.  No additional approval pursuant
to the original application or apportionment thereunder may be made
unless the board first has investigated and determined the necessity
of the additional approval or apportionment, and has received a
report thereon from the State Department of Education.  Any provision
of Section 16024 inconsistent with this section does not apply to
that application.  As used in this section, an "elementary grade
level maintained by the district" is a grade level composed of the
grades and maintained by the districts specified in clause (1) of
subdivision (e) of Section 16002. As used in this section a "high
school grade level maintained by the district" is a grade level
composed of the grades and maintained by the districts specified in
clause (2) of subdivision (e) of Section 16002.
   (b) Section 16007 does not apply.
   (c) An application for a site pursuant to this section may include
an amount for the preparation of plans and specifications for school
facilities and for the development of the site, which will conform
to those eligible for construction under this chapter.
   (d) If the application is approved and an apportionment granted
therefor the district shall repay the full amount of the
apportionment and the interest thereon.  The repayment of the
apportionment for a site and the interest thereon, may be over a
period of years, not to exceed 30 years from the first day of January
of the fiscal year next succeeding the fiscal year in which the
apportionment became final.  The repayment of the apportionment for
plans and specifications, and the interest thereon, may be over a
period of years, not to exceed 30 years from the first day of January
of the second fiscal year succeeding the fiscal year in which such
apportionment became final. The number of years allowed for repayment
shall be determined by the board at the time it fixes interest on
the apportionment.  The repayment is in addition to any other
repayment required under this chapter.  If an apportionment is
granted pursuant to this section for a site and the site is
subsequently used in a construction project for which an
apportionment is received under other provisions of this chapter, or
if an apportionment is granted pursuant to this section for plans and
specifications and the plans and specifications are subsequently
used in a construction project for which an apportionment is received
under other provisions of this chapter, the district shall not be
required to make any further repayments for the site, or the plans
and specifications, as the case may be, pursuant to this section and
the unpaid balance of the apportionment and interest owing on the
apportionment for the site, or the plans and specifications, as the
case may be, pursuant to this section shall be added to the principal
amount of the apportionment and accrued interest thereon for the
construction project.  The site is "subsequently used in a
construction project" within the meaning of the preceding sentence,
if it is used in connection with a construction project at the same
grade level by any district receiving a construction apportionment
therefor, as this is not intended as a change in the present law, but
as a statement of the existing law.  In addition, the site is
"subsequently used in a construction project" within the meaning of
that reference, if it is used in connection with the construction
project by any district receiving a construction apportionment
therefor at a different grade level, providing that in the latter
instance the board in its discretion consents by resolution to the
combination of the site and construction apportionments.
16039.5.  Notwithstanding the provisions of Section 16039, if the
board has made apportionments pursuant to the section for purchase of
a site or preparation of plans and specifications and the district
after January 1, 1977, (1) begins construction on the site of
facilities which are justified by the maximum building areas set
forth in Sections 16047, 16052, 16053, and 16054, or (2) uses the
plans and specifications for the construction of the facilities
using, in any case, funds other than an apportionment, the site or
plans and specifications shall be deemed to be "subsequently used in
a construction project" within the meaning of Section 16039.  In
these cases, the balance of the principal amount of the apportionment
for the site or plans and specifications, and accrued interest
thereon, shall not be payable pursuant to Section 16039, but shall be
added by the Controller to, and become a part of, any apportionment
for construction pursuant to Section 16041, as if an apportionment
had been made for the construction and had become final upon the date
construction began.
16040.  In any month in which the priority point procedures
prescribed by Section 16007 are utilized, the board may apportion to
school districts, under Section 16039, not more than the sum of four
hundred thousand dollars ($400,000); provided that any amount
apportioned or made final pursuant to subdivision (c) of Section
16058 shall not be subject to the limitation.
16041.  If an apportionment is or has been made at any time after
September 9, 1953, for construction on a site for which an
apportionment was made pursuant to Section 16039, from and after the
date the apportionment for construction becomes, or became, final, no
repayment deductions by the Controller pursuant to Section 16080
attributable to the apportionment for the site shall thereafter be
made, except that any the repayment deductions attributable to the
site apportionment which would otherwise be made by the Controller
during the fiscal year in which the construction apportionment
becomes final shall be made during the fiscal year only.  The balance
of the principal amount of the apportionment for the site, and
accrued interest thereon, shall be added by the Controller to and
become part of the apportionment for construction, as of the date of
the apportionment, and repaid in the manner otherwise prescribed by
this article.  The Controller shall promptly notify the governing
board of the district and the county auditor of the county, the
county superintendent of which has jurisdiction over the district, of
any revision required by this section of any previous computation
made by him or her pursuant to Section 16089.
16042.  In addition to any powers granted the board under this
chapter, the board shall have authority to make apportionments to
school districts for the purchase of sites and construction or
purchase of temporary and portable buildings thereon, or for the
construction alone, and for the cost of site preparation, including
necessary utility costs, in connection with their utilization.  The
board may establish standards in conjunction with the State
Department of Education pertaining to said sites and facilities as a
condition of making the apportionments.
   In addition, the board may expend moneys from the State School
Building Aid Fund directly for the construction, acquisition,
storage, maintenance and repair of the buildings, and administrative
costs relating thereto.  In the event the board may lease, sell or
transfer under a lease-purchase agreement the buildings to eligible
school districts or to county superintendents of schools.  Any
agreements with school districts may provide for the payment by the
state of site preparation costs, including necessary utility costs,
sufficient to permit the utilization of the facilities.  Any building
leased for placement on the school property or under a purchase or a
lease-purchase agreement shall be deemed the construction or
alteration of a school building as those terms are defined in
Sections 17280 to 17313, inclusive.  The consideration payable by
either school districts or county superintendents for the facilities
shall, as nearly as practicable, reflect an amount which would render
to the state a fair return, as determined by the board, on its
investment in said facilities and expenditures connected with their
utilization, in the light of the benefits conferred by the agreement
pertaining thereto.
   The county superintendent of schools may contract with eligible
school districts respecting and transfer to them by lease,
lease-purchase or sale, facilities acquired by him or her from the
board, provided that the agreements are not inconsistent with the
rights of the state under any agreement between the superintendent
and the board respecting the property.  Repayments to the state as
due shall be made by the county superintendent from the funds
received from the affected school districts, and, if necessary to
make the same when due, from the county  school service fund, upon
which he or she is authorized to draw requisitions for this purpose.
The fund shall be reimbursed for the withdrawals from any payments
made by the affected districts to the county superintendent not
required when made for the discharge of any obligations of the county
superintendent hereunder to the state.
   No transfer of any property acquired directly by the board to any
school district by lease or otherwise shall be made either by the
board or county superintendents without the approval of the State
Department of Education solely as to (1) the property to be
transferred, including incidental construction, if any, connected
therewith, (2) whether the same shall be by lease or sale, and (3) if
less than a sale, the term of the lease, including any contingent or
indefinite term.
   The board, affected school districts, and county superintendents
of schools are authorized to do any and all things necessary to carry
out the purposes of this section.  Payments required of any affected
school districts under any agreement entered into pursuant to this
section shall be made promptly when due.  Whenever the board deems it
economically desirable in the state's interest to do so,  it may
dispose of any facilities directly acquired by it to any public or
private parties in the manner and under the terms as it deems best,
providing that the disposition is not inconsistent with any
agreements previously entered into under this section.
   The term "eligible school districts" as used in this section,
shall be deemed to refer to those districts which at the time an
agreement contemplated hereunder is entered into would upon proper
application have been eligible to receive an apportionment under this
chapter, provided that solely for the purpose of determining the
eligibility the board, or the county superintendent of schools in
agreements with districts hereunder, may waive construction area
restrictions pertaining to apportionments under this chapter.
16043.  If, after a conditional apportionment has been made to a
school district, legal proceedings initiated prior or subsequent to
the making of any conditional apportionment prevent the taking,
within the period during which the conditional apportionment remains
effective under Section 16024, of the actions necessary to permit the
conditional apportionment to become final, the conditional
apportionment shall nevertheless remain effective for a period of
nine months from the date upon which such legal proceedings are
finally determined.  The amount of the apportionment may be
diminished by the board after a second investigation at which the
board shall determine whether conditions existing at the time it
approved the project for which apportionment was made have so changed
that the needs of the district are less than originally determined,
and if so, the conditional apportionment shall be reduced by a
corresponding amount.
16044.  No apportionment shall be made for new construction which,
when added to the area of adequate school construction existing in
the applicant school district at the time of application, will
provide a total area of school building construction per unit of
average daily attendance of the estimated average daily attendance in
excess of that computed in accordance with Sections 16047, 16052,
16053, 16054, and 16055.
   As used in Sections 16047, 16052, 16053, 16054, and 16055,
"maximum area" means maximum area of school building construction and
"attendance unit" means unit of estimated average daily attendance.
   As used in this section and Sections 16053, 16054, and 16055,
"attendance center" means a school maintained or to be maintained at
a given location within a district.  The State Department of
Education shall approve or disapprove the allocation by an applicant
district of units of estimated average daily attendance among the
attendance centers of the district.
   To the building area permitted to an applicant school district by
Sections 16047, 16052, 16053, 16054, and 16055, there may be added
any additional building area that may be required to provide adequate
facilities for exceptional children pursuant to Article 3
(commencing with Section 16190) of this chapter.
   No estimate of average daily attendance made by an applicant for
the purpose of justifying an apportionment shall be made for a longer
time than the third fiscal year beyond the fiscal year in which an
application is made, except that an estimate for the purpose of
justifying an apportionment for a grade level maintained by a unified
district, under an application filed prior to September 15, 1961, or
by a high school district composed of grades 7 to 12, inclusive, 9
to 12, inclusive, or 7 to 10, inclusive, or of justifying an
apportionment for a unified district for a junior high school or high
school project under an application made on or after the effective
date shall not be made for a longer time than the fourth fiscal year
beyond the fiscal year in which the application is made.  Except as
otherwise provided by the board, the estimates of average daily
attendance shall be based upon the number of family dwellings and
mobilehome parks, as defined in Section 18214 of the Health and
Safety Code, under construction or newly constructed and never
occupied in the district and the number of children residing in the
district.  In no case shall an estimate be given effect unless
approved by the board.
   For the purposes of this chapter pupils attending grades 7 and 8
in an elementary district but residing in a high school district
which maintains one or more junior high schools shall not be
considered in determining or estimating the average daily attendance
of the elementary district, unless the elementary district is
maintaining and has continuously maintained grades 7 and 8 since a
date prior to January 1, 1959, or unless the electorate of the
district, during the year 1974, has authorized the return of the
seventh and eighth grade pupils from the high school district and the
maintaining of grades 7 and 8 in the elementary district.  When
pupils attending grades 7 and 8 are so considered in determining or
estimating the average daily attendance of the elementary district in
making apportionment to the elementary district, these pupils shall
not be considered in determining or estimating average daily
attendance of the high school district in making an apportionment to
the high school district for junior high school purposes.
   The board shall develop statewide or areawide averages of pupil
occupancy for family dwellings of various sizes and for mobilehomes
of various sizes for use by applicant school districts in estimating
the average daily attendance of family dwellings and mobilehome parks
under construction or newly constructed and never occupied in the
district.
16045.  (a) The board by the adoption of rules shall provide for the
manner of determining the area of adequate school construction
existing in an applicant school district at the time of application.
The rules shall define and provide for the method of determining
building areas that are to be included in whole or in part, or to be
excluded from the area of existing adequate school construction.
   The board may make exceptions to this section or to the rules
adopted pursuant to this section when it determines that the
exceptions will be for the benefit of children affected.
   For the purposes of this section, "service area" may be defined as
any of the following:
   (b) (1) Buildings which when constructed were intended to be used
for a purpose to which the provisions of Sections 17280 to 17313,
inclusive, would not apply, whether or not those sections were in
effect at the time when the building was constructed.
   (2) Buildings which when constructed were intended to be used for
a purpose to which Sections 17280 to 17313, inclusive, would apply,
whether or not those sections were in effect when the building was
constructed, but which building has been converted or is intended to
be converted, as shown by the application, to use for purposes to
which the sections would not apply.  Service area may include, but is
not limited to, construction used as bus garages, maintenance shops,
centrally located district storage and warehouses, custodial houses,
utility shelters, administration offices, transformer vaults, and
service yards.
   (c) In the event that a school district has expended funds for the
purpose of constructing buildings used for housing certificated
employees of the district and their families, the area of the
buildings and the funds expended therefor shall be accounted for in
the following manner:
   (1) The area of the buildings constructed or acquired with the
proceeds of a tax levied under Sections 14200 to 14240, 42200 to
42247, and 45020, inclusive, shall be excluded from the building area
of the district.
   (2) The area of the buildings constructed or acquired with the
proceeds from the sale of school district bonds prior to July 1,
1961, shall be excluded from the building area of the district,
however, the bond funds shall not be considered as "eligible bonded
debt service" as defined in subdivision (d) of Section 16070 and
Section 16084.
   (d) The board shall exclude from the building area of a district:
   (1) The area of any building which is or will be used exclusively
for a parent cooperative nursery education facility, and for no other
purpose, and which building at the time of acquisition thereof by
the district was incidental to the purchase of a schoolsite and
unsuitable for classroom purposes or which was acquired by the
district without expenditure of school district funds.
   (2) The area of any building which is or will be used exclusively
for a preschool educational program facility pursuant to Chapter 4
(commencing with Section 54400) of Part 29, or Chapter 2.5
(commencing with Section 16150) of Part 4 of Division 9 of the
Welfare and Institutions Code, or any combination thereof; provided,
that the building was constructed, leased, or purchased with local
general funds, or federal or state funds allocated specifically for a
preschool educational program.
   (e) The area of adequate school construction existing in a
district at the time of application shall be initially computed as
all of the construction area of a district except all of the
following:
   (1) The areas as may be eligible for replacement under standards
established by the board.
   (2) The areas in an existing structurally inadequate building for
which an application has been filed for structural rehabilitation or
in a building previously structurally rehabilitated under either
Chapter 6 (commencing with Section 15700) or Sections 16000 to 16207,
inclusive, that exceeds the maximum building area allowed by Section
16044 for a number of pupils, equivalent to those that could be
housed in the building after rehabilitation.
   The board shall prescribe by rule the method of computing the
number of pupils which could be so housed for the purposes of this
subdivision.
   (f) If the area of adequate school construction, when added to the
minimum facilities needed by the district, results in a total
construction area in excess of the amount prescribed in Section
16044, then the board may make the following adjustments to the
initial computation or the revisions thereof as the board, in its
discretion, deems desirable:
   (1) Service areas constructed prior to July 19, 1947, shall be
excluded, except as provided in paragraph (3).
   (2) Service areas constructed subsequent to July 19, 1947, shall
be recomputed by multiplying the total number of square feet of said
service area by the percentage determined from dividing the actual
construction cost per square foot as determined by the Director of
General Services by the estimated average cost per square foot of the
new school facilities for which the district has made application.
   (3) If any inadequate nonservice area constructed prior to July
19, 1947, is, or will be, converted to a service area, the area shall
be recomputed by multiplying said area by the percentage determined
by dividing the depreciated value of said area by the replacement
cost as the value and cost are determined by the Director of General
Services.
   (4) If, after the revised computation of service areas is made as
prescribed under paragraphs (1), (2), and (3), the existing and
requested building area of the district is in excess of the schedule
set forth in Section 16044, the existing building area of nonservice
facilities may be determined on the basis of the number of pupils
housed by the facilities at an allowance per pupil which is not  more
than 25 percent in excess of the amount per pupil prescribed in
Section 16044.
   The board shall prescribe by rule the method for computing the
number of adequately housed pupils for purposes of this subdivision.
16046.  Any building area excluded from the computation of adequate
school building construction by adjustments made under Section 16045
shall not be subsequently included in computing the area of adequate
school construction by reason of its having been converted to usable
instructional area used exclusively for vocational educational
programs, provided the conversion was accomplished with federal or
district funds, allocated specifically for that purpose, other than
state apportionment funds or bond funds required to be contributed to
the State School Building Aid Program.
16047.  There shall be allowed to each district with attendance
units of 300 or more in kindergarten and grades 1 to 6, inclusive, a
maximum area of 55 square feet for each attendance unit of the
district in kindergarten and grades 1 to 6, inclusive.
   The maximum total building area per attendance unit allowed to
applicant districts with attendance units of less than 300 in
kindergarten and grades 1 to 6, inclusive, for the attendance units
shall be determined by the board, and shall be building area to
provide comparable facilities to those provided by the first
paragraph of this section, and shall be the least building area
required to house adequately the estimated average daily attendance
and the normal instructional and other services.
16048.  The area of any building constructed by a school district
after September 11, 1957 with any funds other than state or federal
funds given or bequeathed to the district after the effective date,
and the area of any building given, devised or bequeathed to a school
district by any entity other than the state or federal government
after the effective date, including any building given to a district
by any city, county or political subdivision of this state, shall not
be included in any computation of the area of adequate school
construction existing in any applicant school district under this
chapter.
   For the purposes of this section, any building leased to a school
district for a term exceeding 24 years and for an annual rental of
not exceeding five dollars ($5), shall be construed as constituting a
gift to the district.
16049.  The area of any classroom or building used for adult
education classes during the regular schoolday, except a building
area that has been constructed or acquired with the proceeds from the
sale of school district bonds or state or federal funds allocated to
the district under any state school building aid program, shall not
be included in any computation of the area of adequate school
construction existing in any applicant school district under this
chapter.
16050.  The area of any building, the construction of which was
financed by the proceeds from a tax levied pursuant to former Section
16633, shall not be included in any computation of the area of
adequate school construction existing in any applicant school
district under this chapter.
16051.  The area of any building which has not been constructed or
reconstructed under the provisions of Sections 17280 to 17313,
inclusive, shall not be included in any computation of the area of
adequate school construction under this chapter, provided that such
area is being used exclusively for adult education classes during the
regular schoolday and that the operation of such classes has been
approved by the State Department of Education.
16051.5.  The area of any building, the construction of which was
financed by the proceeds of a tax levied pursuant to Section 49502,
shall not be included in any computation of the area of adequate
school construction existing in any applicant school district under
this chapter.
16052.  There shall be allowed to each district a maximum area of 75
square feet for each attendance unit of the district in grades 7 and
8.
16053.  The allowance of maximum area to a district for the
attendance units in junior high schools of the district composed of
grades 7 to 9, inclusive, or 7 to 10, inclusive, shall be determined
pursuant to this section, rather than Sections 16052 and 16054.  This
section does not apply to junior high schools composed of grades 7
and 8 only.
   There shall be allowed to each district a maximum area for the
attendance units of the district in junior high schools determined by
computing, in accordance with the following paragraph, the number of
square feet for the attendance units at each junior high school
attendance center of the district, and totaling the number of square
feet so determined for all attendance units in all such junior high
school attendance centers of the district.
   There shall be allowed a maximum area of 75 square feet for each
attendance unit of the junior high attendance center in grades 7 and
8.  For each attendance unit in grade 9, or grades 9 and 10, as the
case may be, at each junior high school attendance center, there
shall be allowed a maximum area of a number of square feet equal to
the number of square feet which would be allowed under Section 16054
for each attendance unit of an attendance center having a total
number of attendance units equal to the total number of attendance
units in grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case
may be, at the junior high school attendance center.  The number of
square feet which would be allowed under Section 16054 for each
attendance unit of an attendance center shall be computed by
determining in accordance with that section the total number of
square feet which would be allowed at an attendance center and
dividing such total number of square feet by the total number of
attendance units at such attendance center.
16054.  There shall be allowed to each district a maximum area for
the attendance units of the district in grades 9 to 12, inclusive,
determined by computing, for the attendance units in grades 9 to 12,
inclusive, at each attendance center of the district, a number of
square feet for the number of attendance units in such grades at each
attendance center, in accordance with the following table, and
totaling the number of square feet so determined for all attendance
units in such grades of all attendance centers of the district:
Attendance units of             Maximum number of square
  attendance center                feet of building area
       1-50  ...............  18,000
      51-100 ...............  18,000  plus 162 for each attendance
                                        unit over 50
     101-200 ...............  26,100  plus 99 for each attendance
                                        unit over 100
     201-300 ...............  36,000  plus 60 for each attendance
                                        unit over 200
     301-600 ...............  42,000  plus 54 for each attendance
                                        unit over 300
     601-1,800 .............  58,200  plus 80 for each attendance
                                        unit over 600
    Over 1,800 ............. 154,200  plus 85 for each attendance
                                        unit over 1,800
16056.  When a unified district which is otherwise qualified for an
apportionment under this chapter applies for an apportionment and the
area of adequate school construction existing in any one of the
component elementary districts included in the unified district is of
such an amount that the district is prevented, by Sections 16044 to
16055 inclusive, from receiving an apportionment, the maximum area of
school construction for each unit of attendance, for elementary
school construction prescribed by such sections, may be computed
separately for each component elementary district without regard to
the area of adequate school construction existing in the other
component districts, and apportionments made to the unified district
on the basis of such separate computations.  On request of the
governing board of the unified district the State Superintendent of
Public Instruction shall make or cause to be made a survey of
building needs in the district and the area computations for
elementary school construction.  He or she shall report his or her
findings and recommendations to the board for consideration in
connection with any application before the board from the unified
school district.
16057.  Payment shall be made in accordance with the terms of a
final apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which
have been made by the district for any items approved by the board in
the apportionment, provided, the construction contract has been let
no earlier than two years preceding the date the application is
received by the board.  Where expenditures were made for, or work was
commenced with respect to, any item so approved, prior to the time
the application of such district containing such item was received by
the board, payment or reimbursement for the item, either with state
funds or with district funds which the district is required to
contribute by the apportionment, shall be made only upon
authorization of the board by special resolution citing this section.
16058.  No apportionment to a school district shall become final
unless:  (a) the total amount of outstanding bonds of the district
exceeds 95 percent of the basic bond requirement of the district on
the date the conditional apportionment is made, or (b) if the total
amount of the bonds of the district outstanding and unpaid is within
twenty-five thousand dollars ($25,000) of the basic bond requirement
of the district, as of the date on which the conditional
apportionment is made, or (c) the district has issued and sold
pursuant to this section, and as a condition to the initial
conditional apportionment, an amount of bonds equal to the total cost
of the project for which the apportionment was made, including
necessary contingencies.  At the time the board makes a conditional
apportionment pursuant to Section 16024, it shall determine the total
amount of bonds which shall be issued and sold by the district, the
proceeds of which shall be applied toward the cost of the project for
which the apportionment is sought.  The amount so determined by the
board shall be not less than the minimum amount required for the
apportionment to become final under this section.  Any apportionment
made by the board pursuant to Section 16024 shall be conditioned upon
the approval and sale of the bonds by the district.  The amount of
any apportionment for a construction project made as a consequence of
applying district bond proceeds toward the reduction of prior
apportionments pursuant to this section instead of applying the
district bond proceeds toward the cost of the construction project,
shall be excluded in determining the amount chargeable against the
apportionments authorized by the electorate of the district to be
accepted, expended and repaid.  It is hereby declared that this
provision, added by the amendment to this section enacted at the 1958
First Extraordinary Session of the Legislature, is not intended as a
change in the law, but rather as a declaration of existing law.
   Any provision of this code to the contrary notwithstanding,
whenever the electors of a district, subsequent to any requirement by
the board for the sale of bonds in connection with an apportionment,
authorize the issuance of bonds for any purpose for which an
apportionment could lawfully be made, the authorization shall, in
addition to the purposes specified, be deemed to constitute the
consent of the electors to apply the proceeds of the bonds so
required to be sold by the board toward the reduction of any
apportionment previously made to the district.  Any bond funds used
to reduce any apportionment pursuant to this section shall be
transferred to the State School Building Aid Fund and shall be
available for reapportionment by the board.  The amount so determined
by the board shall be not less than the minimum amount required for
the apportionment to become final under this section.  Any
apportionment made by the board pursuant to Section 16024 shall be
conditioned upon the approval and sale of the bonds by the district.
   No apportionment to a school district under this chapter shall
become final, nor any agreement authorized by Section 16042 be
entered into unless at an election called by the governing board of
the district, two-thirds of the qualified electors of the district
voting thereat have authorized the governing board to accept, expend
and repay as provided in this chapter and apportionment under the
provisions thereof or, with respect to the agreement, to obligate the
district in an amount equal to or in excess of the maximum amount
which the district could be obligated by the agreement, or by any act
of its governing board or for which it is responsible, contemplated
or permitted thereby.  The election shall be called, held and
conducted in the same manner as are elections to authorize the
issuance of school district bonds, except that the ballot shall
contain substantially the following words:
   "Shall the governing board of the district be authorized (1) to
accept and expend an apportionment from the State of California under
and subject to the provisions of Chapter 8 (commencing with Section
16000) of Part 10 of Division 1 of Title 1 of the Education Code,
which amount is subject to repayment as provided by said chapter, or
(2) to enter into an agreement or agreements with the state pursuant
to Section 16042 of the Education Code, which will at the time of
such agreement or agreements (or at the time of any subsequent act of
the governing board, or for which it is responsible, contemplated or
permitted thereby) commit the district to a total expenditure in
connection with all such agreements of not more than ____ dollars
($____), or both. Yes__ No__."
16059.  Notwithstanding any provision of Section 16058, if a
previously eligible applicant school district has received
apportionments and has realized savings in state aid apportionments
or district contributions, or both, including any interest earned
thereon, on completed projects pursuant to this chapter, which
projects have not been reduced to final costs, the district may apply
for, and shall be granted, final apportionments for additional
eligible facilities in a total amount not to exceed those project
savings.
   The project savings for which a district has applied pursuant to
this section shall not be considered excess apportionments or
unencumbered balances for the purposes of Sections 16100 and 16104.
   In no event shall the grant of the project savings to the district
pursuant to this section extend the repayment period of any prior
apportionments for the purposes of canceling the interest and
principal payable thereon pursuant to Section 16083.
16060.  Notwithstanding any provisions of Section 16058, if an
applicant district issues and sells bonds prior to an apportionment
in an amount which results in its being on the date of the
apportionment within five thousand dollars ($5,000) of the basic bond
requirement of the district, and makes the entire proceeds of the
bond issue available for the purposes of the apportionment, or as a
condition of an apportionment is required by the board to sell bonds
to within five thousand dollars ($5,000) of the basic bond
requirement of the district, and to make the proceeds available for
the purposes of Section 16058, the district shall remain qualified to
receive an apportionment or apportionments prior to the next
equalized assessment of the county or counties in which said district
is located without being required to issue and sell additional
bonds, notwithstanding the retirement of any bonds of the district or
territorial changes therein subsequent to any apportionment referred
to in this section and prior to the next equalized assessment.
16061.  Immediately after the result of the election has been
determined, the county superintendent of schools shall make a
certificate in duplicate stating whether the bonds have been
authorized in the amount prescribed by the board and whether the
school district has authorized the acceptance and expenditure of the
apportionment.  One copy of the certificate shall be sent to the
board and one copy to the Controller.  When the bonds authorized have
been issued and sold and the proceeds thereof made available for the
purposes of the application, the county superintendent of schools
shall also certify this fact to the board and the Controller.  Upon
the receipt by the board of the certificates stating that the bonds
have been issued and sold and the proceeds made available for the
purposes of the application, the apportionment shall become final.
16062.  The election by a school district upon the acceptance,
expenditure, and repayment of an apportionment prescribed by Section
16058 may be called and held either before or after the making of an
apportionment except that no election shall be held within 45 days
before a statewide election or within 45 days after a statewide
election unless conducted at the same time as that statewide
election, subject to Part 3 (commencing with Section 10400) of
Division 10 of the Elections Code.
16063.  Whenever a conditional apportionment has, prior to January
1, 1980, been made to an applicant school district pursuant to this
chapter and thereafter the county superintendent of schools of the
county having jurisdiction over the district has certified to the
board and the Controller that at an election called, held and
conducted in the district for that purpose, two-thirds of the
qualified electors of the district voting thereat authorized the
governing board of the applicant school district to accept, expend
and repay an apportionment under this chapter, and whenever
thereafter the county superintendent of schools has certified to the
board and the Controller that the amount of bonds, if any, required
by the board, as a condition to the apportionment becoming final,
have been issued and sold and the proceeds thereof made available for
the purposes of the application and the board has certified to the
Controller that the apportionment to the applicant school district
has become final, the final apportionment is hereby confirmed,
ratified, and validated, and any expenditure of money from the State
School Building Aid Fund according to the terms of the final
apportionment is hereby confirmed, ratified, and validated.
   Notwithstanding any provision to the contrary, no funds authorized
by any bond act for the purpose of this chapter shall be made
available for expenditure without specific authority of the board or
its delegated representative.
16064.  If the board has made an apportionment to a school district
after November 1, 1960, upon the condition that the district issue
and sell district bonds in an amount prescribed by the board, and an
election was heretofore held in the district at which two-thirds of
the voters voting on the proposition to authorize the issuance and
sale of bonds in an amount sufficient to meet the condition of the
apportionment voted in favor thereof, all acts or proceedings
heretofore taken by or on behalf of the school district, under any
law, or under the color of any law, for the authorization, issuance,
sale or exchange of the bonds of the school district for any public
purpose are hereby confirmed, validated and declared legally
effective.  This shall include all acts and proceedings of the
governing board of the school district, and of any person or officer,
heretofore done or taken upon the authorization, issuance, or sale
of the bonds.
   All bonds of any the school district heretofore authorized to be
issued and hereafter issued and delivered in accordance with the
authorization shall be the legal, valid and binding obligations of
the district.
   As used in this section the word "hereafter" means any time on or
subsequent to the effective date of this section and the word
"heretofore" means any time prior to the effective date.
16065.  Notwithstanding any provision to the contrary after June 28,
1955, at the time the board makes an apportionment, the board, with
the approval of the Director of General Services, shall, pursuant to
this section, fix the rate of interest to be paid by the district on
the sum apportioned to it.  The board shall compute the average of
the rates of interest which the state pays upon the state school
building bonds, authorized by Article XVI, sold at the three sales of
state school building bonds occurring immediately prior to the
apportionment, or, if the board so determines, at all of the sales of
the bonds occurring in the two years immediately prior to the
apportionment, giving effect to the price at which the state school
building bonds sold at the sales, and the premium, if any paid,
thereon.  The average rate shall be adjusted to the next highest
one-tenth of 1 percent to cover the cost of sale and issuance of the
bonds and costs of administration.  The adjusted average rate shall
be the rate paid by the district on its apportionment, and shall be
compounded annually through the 30th day of June of each year.
16066.  Apportionments may be made irrespective of whether there is
on deposit at the time thereof a sufficient amount in the State
School Building Aid Fund to permit the payment of the apportionments.
  Disbursements may be made under any apportionment which heretofore
or hereafter becomes final from any funds in the State School
Building Aid Fund without regard to whether there exists at the time
of the disbursement a sufficient amount in the fund to permit the
payment in full of all apportionments previously made.  However, no
disbursements shall be made from any funds in the State School
Building Aid Fund required by law to be transferred to the General
Fund, or from any moneys therein which the Controller deems necessary
to satisfy appropriations from the fund for purposes other than
apportionments.
16067.  No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment or for any project or part
thereof which has not been approved by the State Department of
Education.
16068.  If any school district receives a final apportionment under
this chapter and after November 12, 1952, receives money from the
federal government as reimbursement for any expenditures by the state
or school district for constructing any school facilities included
in the construction project for which the district is receiving an
apportionment, the amount of the district's annual repayment next
succeeding the date on which the district receives the money shall be
increased by the amount of the money so received; provided, however,
that the annual repayment of the district shall not be so increased
where the money received from the federal government constitutes a
contribution toward the cost of school facilities which are to be
acquired, in part, with an apportionment, and the federal funds are
encumbered or expended by the district in accordance with the
purposes of the apportionment.
16069.  Each district to which an apportionment has been made under
this chapter shall repay the principal amount of the apportionment
and the accrued interest thereon in the amount and in the manner
provided in this chapter.
16070.  The following definitions apply to the computation and
determinations required to be made under Section 16072, 16074, and
16075, and they apply with respect to each grade level of a district
for which grade level an apportionment has become final during any
preceding fiscal year.
   (a) "Forty-cent tax amount" means the amount that would be
produced by a tax of forty cents ($0.40) on each one hundred dollars
($100) of assessed valuation, to and including 1980-81 fiscal year.
For the 1981-82 fiscal year and thereafter, the tax shall be 0.10
percent of the full valuation.  This tax amount shall exclude the
full value of solvent credits and other intangible property, for the
current fiscal year within the district.
   (b) "Thirty-cent tax amount" means the amount that would be
produced by a tax of thirty cents ($0.30) on each one hundred dollars
($100) of the assessed valuation to and including the 1980-81 fiscal
year.  For the 1981-82 fiscal year and thereafter, the tax shall be
0.075 percent of the full valuation.
   (c) "Ten-cent tax amount" means the amount that would be produced
by a tax of ten cents ($0.10) on each one hundred dollars ($100) of
the assessed valuation to and including the 1980-81 fiscal year.  For
the 1981-82 fiscal year and thereafter, the tax shall be 0.025
percent of the full value.
   (d) "Eligible bonded debt service" means the amount raised and to
be raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the bonded
indebtedness of the district that was incurred for each the grade
level prior to the making of the first apportionment for grade level
to the district under the provisions of this chapter computed as
provided in Section 16072 plus the amount of the annual repayment
under Chapter 6 (commencing with Section 15700) of this part,
provided that for the purposes hereof the first apportionment made to
a district for a grade level after all previous apportionments to
the district for that grade level have been repaid in full, excluding
apportionments made under Section 16039 and not combined with
construction apportionments, shall be deemed to be the "first
apportionment for the grade level."
16071.  This section applies only to a unified school district that
filed an application on or after April 30, 1977, for an apportionment
for a grade level consisting of kindergarten, if any, and grades 1
to 12, inclusive, and the repayments required for apportionments made
under those applications.
   The following definitions apply to the computation and
determinations required to be made under Sections 16072, 16074, and
16075, and they apply with respect to the grade level of a unified
school district for which grade level an apportionment has become
final during any preceding fiscal year:
   (a) "Forty-cent tax amount" means the amount that would be
produced by a tax of 0.20 percent of full valuation for the current
fiscal year within the district.
   (b) "Thirty-cent tax amount" means the amount that would be
produced by a tax of 0.15 percent of full valuation for the current
fiscal year within the district.
   (c) "Ten-cent tax amount" means the amount that would be produced
by a tax of 0.05 percent of full valuation for the current fiscal
year within the district.
   (d) "Eligible bonded debt service" means the amount raised and to
be raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the bonded
indebtedness of the district that was incurred for each grade level
prior to the making of the first apportionment for the grade level to
the unified school district under this chapter computed as provided
in Section 16072 plus the amount of the annual repayment under
Chapter 6 (commencing with Section 15700) of this part.
   If the unified school district's first apportionment under this
chapter was for a grade level consisting of kindergarten, if any, and
grades 1 to 6, inclusive, grades 1 to 8, inclusive, grades 7 to 12,
inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive,
"eligible bonded debt service" means the amount raised and to be
raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the
indebtedness that was incurred for elementary and high school
purposes prior to the making of the first apportionment under this
chapter computed as provided in Section 16072 together with the
amount of the annual repayment under Chapter 6 (commencing with
Section 15700) of this part.
16071.5.  The amounts raised and to be raised by the district during
the current fiscal year for repayment of principal and interest for
any bonds, issued and sold by an applicant district, which are in
excess of the "basic bond requirement," as defined in Section
16002.5, shall not be considered as "eligible bonded debt service"
for purposes of computing repayments or deferments pursuant to
Sections 16070, 16072, 16073, 16084 and 16086.
16072.  On or before the first day of December of each fiscal year,
the Director of General Services shall determine for each grade level
and certify to the Controller the eligible bonded debt service for
the district, as follows:
   (a) He or she shall determine the amount of the bonded
indebtedness that was incurred by the district for each grade level,
when bonds were issued and sold for purposes of more than one grade
level.  When one or more additional apportionments have been made to
a grade level of a school district, conditioned upon the issuance and
sale of additional bonds of the district or upon the requirement
that the proceeds of bonds issued and sold be contributed for the
purposes of the application for which the apportionment is made, the
Director of General Services shall determine and include in the
eligible bonded debt service and in his certificate the amount raised
and to be raised by the district during the current fiscal year for
the payment of principal and interest on that portion of the
additional bonded indebtedness of the district that was incurred for
each such grade level as a condition to receiving the additional
apportionment or which was incurred for bonds issued and sold, the
proceeds of which were required to be contributed for purposes for
which the apportionment was made.
   (b) If the Director of General Services determines in any fiscal
year that the amount certified to the Controller as the eligible
bonded debt service during the last preceding fiscal year is more
than the amount actually raised by the district for the repayment of
principal and interest of the bonded indebtedness referred to in
subdivision (d) of Section 16070 and subdivision (a) of this section,
then the Director of General Services shall subtract from the amount
determined as the eligible bonded debt service for the current
fiscal year an amount equal to the difference between the amount
actually raised by the district during the preceding fiscal year for
the repayment of such bonded indebtedness and the amount so certified
by the Director of General Services.
   (c) If the Director of General Services determines in any fiscal
year that the amount certified to the Controller as the eligible
bonded debt service during the last preceding fiscal year is less
than the amount actually raised by the district for the repayment of
principal and interest of the bonded indebtedness referred to in
subdivision (d) of Section 16070 and subdivision (a) of this section,
then the Director of General Services shall add to the amount
determined as the eligible bonded debt service for the current fiscal
year an amount equal to the difference between the amount actually
raised by the district during the preceding fiscal year for the
repayment of the bonded indebtedness and the amount so certified by
the Director of General Services.
   (d) If an apportionment has been made to a district for a grade
level for which the district also received an apportionment pursuant
to Chapter 4 (commencing with Section 15700) of this part, the
Controller shall determine the amount of the annual repayment, if
any, due from the district during the next succeeding fiscal year for
the grade level as required by Chapter 4 (commencing with Section
15700) of this part and the amount shall be included by the
Controller in the eligible bonded debt service of the district for
that grade level.  For an apportionment to a unified district for a
grade level consisting of kindergarten, if any, and grades 1 to 12,
inclusive, for which an application for an apportionment was filed on
or after the effective date of the amendment to this section made at
the 1961 session of the Legislature, if an apportionment had also
been made to the district pursuant to Chapter 4 (commencing with
Section 15700) of this part for a grade level consisting of
kindergarten, if any, and grades 1 to 6, inclusive, or 1 to 8,
inclusive, or grades 7 to 12, inclusive, 9 to 12, inclusive, or 7 to
10, inclusive, the Controller shall determine the amount of the
annual repayment, if any, due from the district during the next
succeeding fiscal year for all of the grade levels as required by
Chapter 4 (commencing with Section 15700) and the amount shall be
included by the Controller in the eligible bonded debt service of the
district for the grade level consisting of kindergarten, if any, and
grades 1 to 12, inclusive.
16072.5.  Whenever a school district has applied the proceeds of a
sale of local bonds to a project pursuant to subdivision (c) of
Section 17032, the Director of General Services shall include in the
determination of the eligible bonded debt service of the district,
the amount raised or to be raised for repayment of principal and
interest on that portion of the bonded indebtedness of the district
generating the proceeds.
16073.  Whenever (a) a school district which has not sold bonds
within two fiscal years immediately preceding the fiscal year in
which a repayment computation is made pursuant to this article; and
(b) the district is not eligible for deferment under Section 16084 or
16086 and has been required during the fiscal year in which
repayment computations are made to issue bonds in order to qualify
for an apportionment; and (c) no funds for the required bond issue
have been provided during that year in the district's bond interest
and redemption fund budget, the Director of General Services shall
determine the eligible portion of the amount required from taxes for
the required issue during the next succeeding fiscal year and shall
certify the amount to the Controller as additional eligible debt
service prior to the levy of taxes during such fiscal year.  The
provisions of this section shall apply to the qualifying bond
requirements commencing with the 1972-73 fiscal year.
16074.  On or before the first day of January of each fiscal year,
the Controller shall compute for each grade level of a district for
which grade level an apportionment has become final during any
preceding fiscal year the 40-cent tax amount, the 30-cent tax amount
and the 10-cent tax amount.
16075.  On or before the first day of January of each fiscal year
the Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year, as
follows:
   (a) If, for any grade level of a district, the amount of the
eligible bonded debt service exceeds the 40-cent tax amount, no
annual repayment shall be due the state from such district with
respect to such grade level during the next succeeding fiscal year.
   (b) If, for any grade level of a district, the 40-cent tax amount
is greater than the eligible bonded debt service, the amount of such
excess shall constitute the annual repayment due the state with
respect to such grade level during the next succeeding fiscal year;
except that if the eligible bonded debt service is less than the
10-cent tax amount, the annual repayment shall equal the 30-cent tax
amount.
   (c) The total repayment for each district is the sum of the annual
repayments determined for each grade level of the district under
this section.
16076.  Whenever the Director of General Services has certified an
additional amount of eligible debt service under the provisions of
Section 16073, the Controller shall make a recomputation of the
annual repayment and notify, in writing, the board of supervisors of
the county, the governing board of the district, the county auditor,
and the county superintendent of schools having jurisdiction over the
district of the revised repayment.  The recomputation and
notification shall be completed prior to the date on which the board
of supervisors makes the levy of taxes for county purposes.
16077.  If an apportionment is made for a project which includes a
multipurpose room the board shall determine and specify the portion
of the apportionment that is allocated to the cost of the
multipurpose room.
   If a district receives an apportionment a portion of which is for
a multipurpose room it shall repay the principal amount of such
portion of the apportionment as an additional payment as provided by
this section.  Interest on the total apportionment shall be paid as
provided in Section 16083.  The repayment is in addition to the
repayments required on the total of all apportionments to the
district, which shall be repaid as otherwise provided in this
chapter.
   Notwithstanding the provisions of Sections 16083 and 16087 for
cancellation of the principal amount of apportionments the Controller
shall continue to make the deduction provided by Section 16080
during each fiscal year thereafter until the principal amount of the
portion of the apportionment that was allocated to the cost of the
multipurpose room and was made and disbursed to the district has been
withheld, or for an additional period of 10 years, whichever first
occurs.  At the expiration of 40 years from the first day of July of
the fiscal year next succeeding the fiscal year in which the
apportionment became final, the unpaid balance of the principal
amount of the portion of the apportionment shall be canceled on the
books of the State Controller and the provisions of Section 16083
shall thereupon become applicable thereto and the board shall execute
a conveyance to the district as provided in Section 16087.
16078.  Notwithstanding any other provision of this chapter, the
total amount of the repayment made each year by each school district
to which one or more apportionments have been made under this chapter
shall not be less than the amount of the cost to the state for that
year to pay principal and interest on the bonded indebtedness
incurred to fund the apportionment or apportionments made to that
district.
16079.  Notwithstanding any other provision of this chapter, and
regardless of how many apportionments are made to a grade level of a
school district under the provisions of this chapter, the total
annual repayment for such grade level during any fiscal year,
covering all such apportionments, shall not exceed the amount that
would be computed under Sections 16070 to 16080, inclusive, for any
one of such apportionments.
16080.  The Controller shall, during the next fiscal year following
that in which he or she determines the annual repayment as herein
provided, deduct the total amount of the annual repayment of each
district in equal amounts from each of the February, March, April,
and May installments of the apportionments made to the district from
the State School Fund under Sections 46304, 46305, and 41050 and 92,
Sections 41330 to 41343, inclusive, and Sections 41600 to 41972,
inclusive, and, on order of the Controller, the amount so deducted
shall be transferred to the State School Building Aid Fund. All money
transferred to the State School Building Aid Fund under this section
shall be available only for transfer to the General Fund of Section
16403.
16080.5.  (a) Notwithstanding any other provision of this chapter,
for any school district that qualifies under subdivision (b), as
certified by the State Allocation Board, the Controller, upon receipt
of a written request to that effect from the governing board of the
school district, shall reduce the tax amount that would otherwise be
utilized in computing the district's annual repayment obligation
under this chapter by the amount of 50 percent.
   (b) Subdivision (a) shall apply to any school district in which,
on or after January 1, 1989, the voters of the district approve a
local general obligation bond measure, which measure includes within
its purposes the funding of school facilities construction or
reconstruction.  Subdivision (a) shall apply to a district that
qualifies under this subdivision as of the day following the date of
that voter approval.
16081.  Notwithstanding any provision of law to the contrary,
whenever in any fiscal year, pursuant to Chapter 5 (commencing with
Section 5096), Part 9, Division 1 of the Revenue and Taxation Code, a
refund is made or a judgment rendered, as the case may be, for the
return of an amount collected as school district taxes levied during
a previous year upon secured or unsecured personal property, because
it was determined that such property was exempt from taxation, and
such property so determined to be exempt equals 1 percent, or more,
of the assessed valuation in the school district upon which school
district taxes for such previous year were levied, the Controller
shall reduce the annual repayment of the district and the amount
deducted from the State School Fund apportionment of such district
for the fiscal year next succeeding that in which such refund was
made or judgment rendered, by that amount by which the annual
repayment and deduction of the district would have been reduced for
the fiscal year next succeeding that in which such taxes were levied
had the assessed valuation upon which such annual repayment was
computed not included an amount of assessed valuation equal to the
amount of assessed valuation of the property so determined to be
exempt.
   The amount of annual repayment and deduction, reduced as required
by this section, shall be the amount deducted by the Controller for
the purposes of Sections 16080, 16089 and 16090 for the fiscal year
in which such reduction is made.
16082.  (a) Upon request of the district, the Controller shall use
in computing the "40-cent, 30-cent, and 10-cent tax amounts" under
Section 16070 the difference between the total assessed valuation of
property in a district as shown on the equalized assessment roll for
the current fiscal year and the assessed valuation of property as
shown on the equalized assessment roll for the current fiscal year,
in excess of 2 percent of such total assessed valuation, with respect
to which revenues of the district taxes levied in the 1954-1955
fiscal year, or thereafter, have been impounded by the county auditor
pursuant to Section 14240.  Beginning with the 1981-82 fiscal year,
the difference in excess of 0.50 percent of the total assessed value
shall be used in the computation.  If the request is received prior
to August 1, 1955, with respect to the impounding of revenues of
taxes levied during the 1954-1955 fiscal year, the Controller shall
recompute the annual repayment of the district due during the
1955-1956 fiscal year on the basis of the reduced assessed valuation,
and, on or before September 1, 1955, notify the officers and board
referred to in Section 16089 of the recomputed annual repayment for
the 1955-1956 fiscal year, and of the recomputed amount to be
deducted from the State School Fund apportionment to the district
during the 1955-1956 fiscal year.
   (b) Whenever, after July 1, 1955, the county auditor notifies the
Superintendent of Public Instruction and the Controller of the
release of impounded tax revenues to the school district, the
Controller shall add to the annual repayment of the district for the
first fiscal year or second fiscal year next succeeding that in which
the notification of release was made, that amount by which the
annual repayment of the district for a previous fiscal year was
reduced by reason of the exclusion of assessed valuation with respect
to tax revenues impounded and thereafter released.
   (c) The amount of annual repayment and deduction, increased or
reduced as required by this section, shall be the amount deducted by
the Controller for the purposes of Sections 16080, 16089, and 16090
for the fiscal year in which the increase or reduction occurs.
   (d) If a request is received from a school district and an annual
repayment reduced pursuant to subdivision (a) hereof, Section 16081
shall not apply with respect to any tax revenues to which subdivision
(a) applies.
16083.  The Controller shall make the deduction provided by Section
16080 during each fiscal year, as herein provided, until the
principal amount of the apportionment made and disbursed to the
district for the grade level, and all accrued interest due thereon,
has been withheld; but no interest shall accrue, or become due and
payable, to the state with respect to the principal amount of the
apportionment, or any portion thereof, for any period of time
following the expiration of 25 years after the first day of July of
the fiscal year next succeeding the fiscal year in which the
apportionment becomes final.  At the expiration of 30 years from the
first day of July of the fiscal year next succeeding the fiscal year
in which the apportionment became final, the unpaid balance of the
principal amount of the apportionment disbursed to the district,
including all interest included in the principal amount as provided
in Section 16088, shall be canceled on the books of the Controller;
and the state shall have no further right to the repayment of the
unpaid balance.  Notwithstanding the provisions of this section, that
portion of the "annual repayment," if any, computed by the
Controller under Section 16075 prior to the date of cancellation of
the principal amount of an apportionment under this section, which
has not been withheld by the Controller, as provided by Section
16080, prior to the date of the cancellation, shall be withheld by
the Controller, as provided by Section 16080, subsequent to the
effective date of the cancellation; and the amount so withheld shall
be credited to the school district in determining the principal
amount of the apportionment, including all interest included therein,
which is canceled under the provisions hereof.  The grade level
shall be excluded from any computations provided under Sections
16070, 16071, 16072, 16074, and 16075, in making the computations,
after the effective date of the cancellation, to determine the
"annual repayment," if any, that may thereafter be due the state from
the school district with respect to other grade levels thereof.
16084.  If, on or before June 30th of any fiscal year, the governing
board of any school district files a request with the Controller for
a deferment of the annual repayment due from the district during the
next succeeding fiscal year for an apportionment received by the
district pursuant to this chapter or Chapter 6 (commencing with
Section 15700) of this part, and it is determined, in accordance with
this section, that the district is entitled to a deferment of all or
part of the annual repayment, the deferment shall be made in
accordance with the determination.  The request for deferment, having
once been filed with the Controller, shall remain in effect each
ensuing year, and the Controller shall continue to compute and allow
the deferment in accordance with this section each year, until the
time as the governing board of the school district files a written
request with the Controller to discontinue the deferment.
   As used in the preceding paragraph, "any school district" means a
district which is liable for the repayment of the principal amount of
apportionments made to the district under the provisions of Chapter
4 (commencing with Section 15700) of this part and which has received
a conditional apportionment under this chapter.
   The portion of the annual repayment to be deferred under this
section shall be determined as follows:
   There shall be computed the amount required to be raised by taxes
on property within the district, during the fiscal year in which the
annual repayment is to be deducted pursuant to Sections 15735 and
16080, for the payment of principal and interest on (a) any bonded
indebtedness incurred for school purposes prior to the first
conditional apportionment to the school district under this chapter,
(b) any bonded indebtedness which was incurred as a condition to any
apportionment under this chapter, and (c) any bonded indebtedness
incurred, the proceeds of which were required to be contributed for
the purposes for which an apportionment was made under this chapter.
To this amount shall be added the amount required during such fiscal
year, for the annual repayment of school building apportionments
under Chapter 4 (commencing with Section 15700) of this part and
under this chapter. The total of these amounts shall constitute the
"basic tax amount."
   If the applicant district is a unified district, the amount to be
deferred shall be separately considered for each grade level thereof.
For this purpose, the basic tax amount shall only include the
amounts specified in the preceding paragraph required to be raised
for the repayment of principal and interest on bonded indebtedness
which was incurred for, or as a condition to receiving an
apportionment for, or required by the board to be contributed for the
purposes of, the grade level being considered, plus those amounts
required for the annual repayment of apportionments made under
Chapter 4 (commencing with Section 15700) of this part for the grade
level.  It is hereby declared that this paragraph is not intended as
a change in the present law but rather as a declaration of existing
law.
   There shall be computed the amount which would be produced by a
tax of forty-five cents ($0.45) on each one hundred dollars ($100) of
assessed valuation of the district during the year, to be known as
the "45-cent tax amount," except beginning with the 1981-82 fiscal
year, the amount shall be produced by a tax of 0.1125 percent of the
full value.  The amount of the annual repayment to be deferred during
the fiscal year in which the annual repayment is due shall be the
amount, if any, by which the basic tax amount exceeds the 45-cent tax
amount. The amount deferred shall be added to the annual repayment
for the next succeeding fiscal year.
   On or before the last day of July of each fiscal year, the
Controller shall request the Director of General Services to, and the
Director of General Services shall, determine and certify to the
Controller the amount of bonded debt service included in the "basic
tax amount." On or before the third Monday in August of each fiscal
year, the Controller shall request the county auditor of each county
to, and the county auditor of each county shall, determine and
certify to the Controller the current assessed valuation of property
within each district which has filed a request for a deferment under
this section.
   Before the date on which the board of supervisors makes the levy
of taxes for county purposes, the Controller shall make the deferment
determination required by this section for each district requesting
a deferment, and, for each district which is entitled to a deferment,
shall notify, in writing, the board of supervisors of the county,
the governing board of the district, the county auditor, and the
county superintendent of schools having jurisdiction over the
district of the amount of the repayment of the district which is to
be deferred under this section.
   For the purposes of this section the "annual repayment" means the
amount of the annual repayment of the district due in a fiscal year
as determined pursuant to Section 15733 and Section 16075, plus the
then unpaid deferred amount of any annual repayment due in any
previous fiscal years. Any repayments by a district of a deferred
amount shall be first applied to loans granted under Chapter 4
(commencing with Section 15700) of this part.
   Notwithstanding any other provision of this chapter, if, at the
end of the 30-year period provided in Section 15738 or Section 16083,
as the case may be, there are any deferred amounts due in any
previous fiscal year remaining unpaid, repayments shall continue to
be made in the manner provided by this section during each fiscal
year thereafter until the amounts are paid, or for an additional
period of 10 years, whichever first occurs. At the expiration of the
additional 10-year period the unpaid portion of the deferred amounts
shall be canceled on the books of the Controller, and the provisions
of Section 15738 or Section 16083, as the case may be, shall
thereupon become applicable thereto and the board shall execute a
conveyance to the district as provided in Section 15739 or 16087,
whichever is applicable.
16085.  For purposes of computing, under Section 16084, the portion
of the annual repayment to be deferred in the case of a unified
school district which has applied for and received an apportionment
under Section 16003, the "45-cent tax amount" shall be the amount
produced by a tax of ninety cents ($0.90) on each one hundred dollars
($100) of assessed valuation of the district during the year, except
beginning with the 1981-82 fiscal year the tax shall be 0.225
percent of the full value.
16086.  The provisions of this section shall apply:  (1) to any
school district which has succeeded to and become vested with all
duties, powers, purposes, jurisdiction, and responsibility with
respect to a portion of an apportionment determined or redetermined
to have been expended, or to be expendable, for property acquired or
to be acquired by it, and which has become liable for a portion of
the annual repayment of a portion of an apportionment, as provided in
Section 16159; and (2) to any state-aided district a portion of the
territory of which was transferred to a district described in (1),
above, and in connection with which territory a portion of an
apportionment made to such state-aided district has or will be
expended for property acquired or to be acquired.
   If, on or before June 30 of any fiscal year, the governing board
of the school district files a request with the Controller for a
deferment of the annual repayment due from such district during the
next succeeding fiscal year for an apportionment received by the
district pursuant to this chapter, and it is determined, in
accordance with this section, that the district is entitled to a
deferment of all or part of the annual repayment, the deferment shall
be made in accordance with the determination.  The request for
deferment, once filed with the Controller, shall remain in effect in
each ensuing year, and the Controller shall continue to compute and
allow the deferment in accordance with this section each year, until
the time as the governing board of the school district files a
written request with the Controller to discontinue the deferment.
   The portion of the annual repayment to be deferred under this
section shall be determined as follows:
   There shall be computed the amount required to be raised by taxes
on property within the district during the fiscal year in which the
annual repayment is to be deducted pursuant to Section 16080, for the
payment of principal and interest on: (a) that portion of the annual
repayment and all other payments due the state under Section 16075
and other provisions of this chapter with respect to the portion of
the apportionment for which the district has been determined to be
liable under Section 16159; (b) any bonded indebtedness incurred for
school purposes prior to the first conditional apportionment to the
school district under this chapter; (c) any bonded indebtedness which
was incurred as a condition to any apportionment under this chapter;
and (d) any bonded indebtedness incurred, the proceeds of which were
required to be contributed for the purposes for which an
apportionment was made under this chapter. To this amount shall be
added the amount required during the fiscal year, for the annual
repayment of school building apportionments under this chapter. The
total of these amounts shall constitute the "basic tax amount."
   If the applicant district is a unified district, the amount to be
deferred shall be separately considered for each grade level thereof.
For this purpose, the basic tax amount shall only include the
amounts specified in the preceding paragraph required to be raised
for the repayment of principal and interest on bonded indebtedness
which was incurred for, or as a condition to receiving an
apportionment for, or required by the board to be contributed for the
purposes of, the grade level being considered, plus those amounts
required for the annual repayment of apportionments made under this
chapter for the grade level.
   There shall be computed the amount which would be produced by a
tax of forty cents ($0.40) on each one hundred dollars ($100) of
assessed valuation of the district during such year, to be known as
the "40-cent tax amount," except beginning with the 1981-82 fiscal
year, the amount shall be produced by a tax of 0.10 percent of the
full value of the district during such year.  The amount of the
annual repayment to be deferred during the fiscal year in which the
annual repayment is due shall be the amount, if any, by which the
basic tax amount exceeds the 40-cent tax amount. The amount deferred
shall be added to the annual repayment for the next succeeding fiscal
year.
   On or before the last day of July of each fiscal year, the
Controller shall request the Director of General Services to, and the
Director of General Services shall, determine and certify to the
Controller the amount of bonded debt service included in the "basic
tax amount." On or before the third Monday in August of each fiscal
year, the Controller shall request the county auditor of each county
to, and the county auditor of each county shall, determine and
certify to the Controller the current assessed valuation of property
within each district which has filed a request for a deferment under
this section.
   Before the date on which the board of supervisors makes the levy
of taxes for county purposes, the Controller shall make the deferment
determination required by this section for each district requesting
a deferment, and, for each district which is entitled to a deferment,
shall notify, in writing, the board of supervisors of the county,
the governing board of the district, the county auditor, and the
county superintendent of schools having jurisdiction over the
district of the amount of the repayment of the district which is to
be deferred under this section.
   For the purposes of this section the "annual repayment" means the
amount of the annual repayment of the district due in a fiscal year
as determined pursuant to Section 16075, plus the then unpaid
deferred amount of any annual repayment due in any previous fiscal
years.
   Notwithstanding any other provision of this chapter, if, at the
end of the 30-year period provided in Section 16083 there are any
deferred amounts due in any previous fiscal year remaining unpaid,
repayments shall continue to be made in the manner provided by this
section during each fiscal year thereafter until the amounts are
paid, or for an additional period of 10 years, whichever first
occurs. At the expiration of the additional 10-year period the unpaid
portion of the deferred amounts shall be canceled on the books of
the Controller, and the provisions of Section 16083 shall thereupon
become applicable thereto and the board shall execute a conveyance to
the district as provided in Section 16087.
16086.5.  Notwithstanding any other provision of this chapter, where
an election is or has been held after March 1, 1979, and prior to
December 1, 1979, for the purpose of forming a new unified school
district, coterminous with an existing elementary school district,
and such reorganization becomes effective for all purposes on July 1,
1980, such unified school district shall be eligible for a deferment
of annual repayment as set forth in Section 16086, except that the
"basic tax amount" shall be computed as the sum of (a) that portion
of the original high school repayment for which the new district is
liable and (b) that portion of the original high school eligible debt
service computed pursuant to Section 16072 for which the new
district is liable, as provided in Section 4147.
16087.  The Controller shall certify to the board the cancellation
of the unpaid balance of the principal amount of the apportionment.
Upon receipt of the certification, the board shall, in the name of
the state, convey to the district all sites purchased and improved,
all equipment purchased, and all buildings constructed,
reconstructed, altered, or added to, from money provided by the
apportionment covered by the cancellation.
16088.  The Controller shall determine and maintain a record of the
amount due the state in connection with each apportionment made to
each grade level of a district under the provisions of this chapter.
He or she shall compute interest, at the rate fixed by the board, on
each amount disbursed by the state pursuant to the apportionment,
from the date of issuance of the Controller's warrant covering the
payment to the county treasurer of the amount until the first day of
July of the fiscal year next succeeding that in which the warrant was
issued.  Thereafter, interest shall accrue to and be compounded as a
part of the principal amount due the state pursuant to the
apportionment, through the 30th day of the following June of each
year, until the principal and interest have been paid, or until the
interest ceases to accrue, as provided in this chapter.  Interest on
unpaid school building aid apportionments shall be computed as if the
annual repayment were credited on the first day of July of the
fiscal year in which the repayment is withheld.
16089.  Upon computing in any fiscal year the amount to be deducted
from the apportionments to the district from the State School Fund
during the succeeding fiscal year, the Controller shall notify the
governing board of the district and the county auditor of the county,
the county superintendent of which has jurisdiction over the
district, of the amount to be deducted.
16090.  The board of supervisors of the county, the county
superintendent of which has jurisdiction over any district which
under this chapter will have moneys withheld by the Controller from
the apportionments to be made to it from the State School Fund during
any fiscal year, shall annually at the time the board of supervisors
makes the levy of taxes for county purposes, levy a tax upon the
property in the district sufficient to raise for the district the
amount of money to be withheld by the Controller during the fiscal
year in which the tax is levied.  Effective July 1, 1988, that tax,
when collected, shall be paid into the county treasury of the county,
the county superintendent of schools of which has jurisdiction over
the district for which the tax was levied, to the credit of a
separate fund of the district to be known as the Tax Override Fund.
16091.  The board shall prescribe in the detail that it deems
necessary, the purposes for which moneys apportioned by it or which
it requires the district to contribute toward, or in reduction of the
cost of a project, may be expended, and the prescription shall be
binding upon the governing board of the district, save as it may be
changed or modified by the board for any cause that it sees fit.  In
determining funds which can be contributed by the district, the board
may require the district to contribute unexpended balances of funds
earmarked or encumbered by the district for furniture, equipment, or
any other lawful purpose.  However, the changes or substitutions in
the purposes for which the funds were earmarked or encumbered, with
respect to the requirement under any apportionment heretofore or
hereafter made, may be authorized by the board, or pursuant to its
delegation, by the Director of General Services.
16092.  Unless the board has received the certificates of the county
superintendent of schools required by Section 16061 within nine
months from the date of the conditional apportionment, it shall, at
the expiration of the nine months' period, void the conditional
apportionment and shall certify this fact to the Controller.  Each
final apportionment made by the board under this chapter shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment.  The warrant shall be
exempt from the provisions of Division 4 (commencing with Section
16100) of Title 2 of the Government Code and shall be paid by the
Treasurer from the State School Building Aid Fund.
16093.  A state school building fund is hereby created in the county
treasury in each county for each school district in the county.  The
county treasurer of each county shall pay into the state school
building fund of each school district, exactly as apportioned by the
board, all moneys received by him or her under this chapter with
respect to each school district.
16094.  Interest earned on those portions of deposits in a state
school building fund representing allocations from the proceeds of
state school construction bonds received by the county treasurer for
the benefit of a school district under this chapter shall be paid
into the state school building fund created by Section 16093.  The
interest which prior to the 1964-65 fiscal year was deposited in the
general fund of the school district for which the state school
building fund was established shall remain the property of that
general fund.
16095.  The governing board of each school district to which an
apportionment is made under this chapter is authorized to, and shall,
transfer to the state school building fund of the district from all
other funds of the district in which the moneys may be, all moneys of
the district which under, or pursuant to, this chapter are required
to be expended for the project for which the apportionment was made.
16096.  A fund in the State Treasury is hereby created, to be known
as the State School Building Aid Fund.  All money in the State School
Building Aid Fund, including any money deposited in the fund from
any source whatsoever after November 12, 1952, is hereby continuously
appropriated without regard to fiscal years for expenditure pursuant
to apportionments made under the provisions of this chapter.
16096.5.  From any moneys in the State School Building Aid Fund
available for the purposes of this chapter, the board shall make
available to the Director of General Services any amounts that it
determines necessary to provide the assistance, pursuant to this
chapter, required by Section 15504 of the Government Code.
16097.  The governing board of each school district to which an
apportionment has been made under this chapter shall expend the
moneys in the state school building fund of the school district
exactly as apportioned by the board and only for the purposes for
which the moneys were apportioned to the district, and for no other
purpose, and shall make the reports relating to the expenditure of
the moneys that the board and the Controller shall require.
16099.  It shall be the duty of the Controller to make the audit or
audits of the books and records of counties and school districts
receiving apportionments under this chapter, as he or she may deem
necessary from time to time, for the purpose of determining that the
money received by school districts as apportionments hereunder has
been expended for the purposes and under the conditions authorized by
this chapter.
16100.  Whenever the Controller determines that any money
apportioned to a school district has been expended by the school
district for purposes not authorized by this chapter, or exceeds the
final cost of the project which is authorized by Section 16024 to be
paid therefrom, the Controller shall furnish written notice to the
board, the governing board of the school district, the county
superintendent of schools, the county auditor, and the county
treasurer of the county whose county superintendent of schools has
jurisdiction over the school district, directing the school district
and the county treasurer to pay into the State Treasury the amount of
the unauthorized expenditures, or the amount of the excess
apportionment, as the case may be.  Upon receipt of the notice, the
governing board shall order the county treasurer to pay to the
Treasurer, out of any moneys in the county treasury available to the
school district for that purpose, the amount set forth in the notice.
  The amount shall, upon order of the Controller, be deposited in the
State Treasury to the credit of the State School Building Aid Fund,
to be reapportioned by the board.
   It shall be the duty of the governing body and the county
treasurer to make the payments to the Treasurer as provided in this
section, and it shall be the duty of the Controller to enforce the
collection on behalf of the state.
   If, upon petition of the district, the Controller determines that
the amount to be included in the county settlement is in excess of
the amount that may be paid out of taxes levied at the maximum rate
authorized by law (increased by any increase in the rate authorized
by the electors of the district pursuant to Section 42202), without
impairing essential district services, he or she may provide for the
payment of the entire amount or any unpaid balance thereof in not
exceeding three consecutive annual payments, commencing with the next
school year.  Each payment shall be an equal portion of the
principal amount, plus accrued interest, and shall be paid not later
than January 31st of each school year in which a payment is due.  If
the district fails to make the payment as specified, the Controller
shall deduct the amount thereof from the February payment made to the
  district under Section 14041.
   Deferred payments under this section shall bear interest at the
same annual rate of interest as the apportionment from which the
unauthorized expenditures or  the amounts of excess apportionment
were made.
16101.  Notwithstanding any provision of law to the contrary, if an
apportionment is or has been made at any time after October 1, 1953,
to meet a construction low bid and if the State Allocation Board
after approving the apportionment revises the apportionment, and the
apportionment finally approved reveals that an applicant school
district receives excess construction area to what they are entitled
to pursuant to Section 16044, and if a judgment for the collection of
the excess apportionment has not been rendered by a court prior to
September 11, 1957, the excess apportionment shall be computed by the
Controller and shall be repaid pursuant to this section.  The
district shall repay the amount of excess apportionment, and the
interest thereon, in equal annual installments within 20 years from
the date it receives the excess apportionment.  The rate of interest
shall be the same rate as that fixed for the approved apportionment.
The district may at any time before the end of the 20-year period
for repayment elect to repay, and repay, the balance of the excess
apportionment then unpaid, plus interest computed to the date of
repayment of such balance.
16102.  If the board, between April 5, 1963, and July 1, 1963,
approves an application for an apportionment and makes a conditional
apportionment to the district making the application and if after the
approval it is determined that the projected enrollment of the
district is less than that upon which the district's application was
based, any apportionment made by the board under the application is
hereby ratified and confirmed and payments shall be made to the
district pursuant to the apportionment.  The board shall as a
condition to any apportionment made under the application require the
district to repay in full that portion of the apportionment which it
determines to be attributable to the excess projected enrollment
upon which the application was based and the district shall be
empowered and obligated to comply with the requirement if it accepts
the portion of the apportionment.  The repayment shall be in equal
annual installments made within 20 years from the date the district
receives the apportionment.  The repayment shall be in addition to
any other repayment required by this chapter. The rate of interest
shall be the same rate as that fixed for the remainder of the
apportionment.
   If at any time the board determines that the amount of actual
enrollment of the district attains the amount of the projected
enrollment upon which the district's application, referred to above,
was based, the board may, if it determines that the inclusion of the
excess projected enrollment in the application occurred
inadvertently, provide that the district shall not be required to pay
any further installments for full repayment of that portion of the
apportionment attributable to the excess projected enrollment and the
unpaid balance of the portion and interest thereon shall thereafter
be repaid under the same terms and in the same manner as the balance
of the apportionment made under the application.
16103.  If a school district entered into an agreement at any time
beginning on October 1, 1954, and ending on December 31, 1954,
whereby it agreed to lease a site and facilities situated thereon,
for the purpose of constructing administrative facilities on the site
in accordance with plans prepared by or for the district, the State
Allocation Board may make an apportionment to the district for the
acquisition of the site and facilities; provided, (1) that the
district at the time of receiving the apportionment would otherwise
be eligible to receive an apportionment for square footage of
building area equal to or exceeding that of the facilities to be
constructed; (2) the Department of Education approves of the
acquisition on the basis that it is necessary to provide needed
administrative facilities for the district; and (3) the board finds
that the acquisition and the consideration being paid therefor is
economically feasible and constitutes sound financial practice.
16104.  Any portion of an apportionment paid to a school district
under this chapter shall be available for expenditure by its
governing board for not less than one year nor more than three years,
as the board shall determine, after the date on which the warrant
covering that portion of the apportionment was issued by the
Controller, provided that no limitation on expenditure shall be
applicable with respect to any items the payment or reimbursement of
which is required to be made by special resolution pursuant to
Section 16057, whether the special resolution is adopted prior or
subsequent to the termination of the period of availability herein
specified.  For the purposes of this chapter, an apportionment shall
be deemed to be expended at the time and to the extent that the
amount thereof on deposit in the county treasury has been encumbered
by the creation of a valid obligation on the part of the school
district.  Upon the expiration of its period of availability, the
unencumbered balance of any apportionment made under this chapter
shall become due and payable to the State of California; and the
governing board of the school district and the county treasurer shall
pay the amount of the unencumbered balance to the Treasurer, out of
the funds, and in the manner specified in Section 16100 of this code.
  The payment shall, on order of the Controller, be deposited in the
State School Building Aid Fund in the State Treasury, to be
reapportioned by the board.
   It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state, provided that notwithstanding the above duties
shall not be deemed to exist with respect to any amount heretofore or
hereafter due the state occasioned by the termination of the period
of availability of expenditure provided by this section where the
period of availability of expenditure for the items representing the
amount is subsequently made inapplicable by the adoption of a special
resolution pursuant to Section 16057.
16105.  Whenever a school district receives or has received an
apportionment for or toward the purchase or improvement of realty or
personalty (hereafter referred to as "property") and within five
years from the date of the written authorization from a duly
authorized representative of the board for the expenditure therefor
from state funds or from contributable district funds, sells, leases,
exchanges or otherwise disposes of the property or any portion
thereof without the consent of the board, the board may demand the
return of the state apportionment or the portion thereof it deems
proper, plus accrued interest at the prescribed rate, less any
repayment made prior to the demand by the district on account of the
apportionment.  A district may not at any time while an apportionment
remains unpaid or noncanceled, dispose of any property acquired
therefrom without the consent of the board, excepting transfers
provided for by Article 15 (commencing with Section 17556) of Chapter
3 of Part 23 and existing improvements on an acquired site.  The
consent may be subject to the conditions as may be imposed, which may
include the application of the consideration received in reduction
of any apportionments previously made to the district.  Any property
into which the consideration from the disposition is converted shall
be and remain the property of the state as if an apportionment had
originally been authorized therefor.
   Whenever, in the judgment of the board, a district fails to use
property for the purpose or purposes for which an apportionment has
been made, within not less than one nor more than five years from the
aforesaid authorization, as the board shall determine, the board may
demand back the return of the apportionment, or portion thereof,
with interest, as specified in the preceding paragraph.  The board's
interpretation of the "use" in any instance, and whether or not the
district has complied therewith, shall be conclusive upon the
district affected after a hearing and finding of the board.  In
addition to the foregoing, the board may at any time subsequent to
the expiration of the last mentioned period, while an apportionment
remains unpaid or uncanceled, determine that a site or portion
thereof, purchased in whole or in part with the apportionment is not
being used for the purpose or purposes for which the apportionment
was made, which determination shall be conclusive upon the district
after a hearing and finding of the board.  Pursuant to that
determination, the board may direct the sale or other disposition of
the site or portion thereof by the state or by the district and apply
the proceeds, after deducting expenses it determines necessary to
facilitate the disposition, in reduction of the apportionment, plus
accrued interest.  Any excess shall be applied in reduction of any
other unpaid or noncanceled apportionments, plus interest, as the
board shall direct, any remaining proceeds thereafter being payable
to the district.  For the purposes of the determination of
disposition, the district shall, whenever directed by the board,
convey record title to the site or portion thereof to the state or do
any other acts deemed necessary by the board to facilitate the
disposition or implement the terms thereof.  Any disposition
authorized to be made hereunder by the district shall be made in
accordance with the procedure prescribed by this code for the
disposition of unneeded school property, otherwise as directed by the
board, provided that the consideration to be received shall be
subject to the approval of the board or its delegate for that
purpose.
   Written notice of any demand prescribed by this section, setting
forth the amount due the state pursuant thereto, shall be furnished
by the board to the governing board of the school district, the
county superintendent of schools, the county auditor, the county
treasurer of the county whose county has jurisdiction over the school
district, and the Controller.  Upon receipt of the notice and
demand, the governing board of the school district shall order the
county treasurer to pay to the Treasurer, out of any moneys in the
county treasury available to the school district for that purpose,
the amount set forth in the notice.  The amount shall, upon order of
the Controller, be deposited in the State Treasury to the credit of
the State School Building Aid Fund, to be reapportioned by the board.
   Whenever a school district receives or has received an
apportionment under this chapter for the purchase of a site which
contains existing improvements, the board may require the district to
dispose of the existing improvements as a condition of receiving an
apportionment in the manner as the board deems proper, and
contribute the net proceeds therefrom or the value of any
consideration received therefor, in reduction of any apportionment.
In the event that the district is not so required to dispose of the
existing improvements but after receiving the apportionment
subsequently disposes thereof, the net proceeds therefrom or the
value of the consideration received therefor, shall be contributed by
the district in reduction of any remaining indebtedness to the state
under this chapter or Chapter 4 (commencing with Section 15700).
   Where a district has been unable to use any building site acquired
by an apportionment under this chapter because of the delay of the
board in acting upon its application for an apportionment for the
planning and construction of school buildings on the site, the board
may withhold demand for repayment of the apportionment for the
building site for a period of not less than one or more than three
years after approval of the apportionment for planning and
construction.
   It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
   Whenever the consent of the board is required in this section, it
may be given by written authorization of its authorized
representative for that purpose.  The provisions of this section,
including the term "apportionment" or "apportionments," shall be
deemed to be applicable to apportionments heretofore or hereafter
made under this chapter or Chapter 4 (commencing with Section 15700).