2005 California Education Code Sections 17072.20-17072.35 Article 5. New Construction Funding Process

17072.20.  (a) An applicant school district that has been determined
by the board to meet the eligibility requirements for new
construction funding set forth in Article 2 (commencing with Section
17071.10) or Article 3 (commencing with Section 17071.75) may submit
at any time a request to the board for a project apportionment for
all or a portion of the funding for which the school district is
eligible.
   (b) The application shall include, but shall not be limited to,
the school district's determination of the amount of state funding
that the district is otherwise eligible for relating to site
acquisition, site development, new construction, and hardship funding
provided pursuant to Article 8 (commencing with Section 17075.10),
if any.  The amount shall be reduced by the amount of the alternative
fee collected pursuant to subdivision (a) of Section 65995.7 of the
Government Code if a reimbursement election or agreement pursuant to
Section 65995.7 of the Government Code is not in effect.
   (c) The board shall verify and adjust, as necessary, and approve
the district's application.
17072.25.  (a) The board shall adopt regulations to develop a
mechanism to rank approved applications for new construction funding.
  This mechanism shall be used to determine the priority of approved
applications when either of the following conditions are met:
   (1) The total state funds necessary for funding all approved
projects pursuant to this chapter exceed the total state funds in the
fund for allocation pursuant to this chapter.
   (2) The actual amount of unallocated proceeds of state bonds
available on or after July 1, 2000, for new construction for the
purposes of this chapter is at three hundred million dollars
($300,000,000).
   (b) The ranking mechanism shall allocate priority points based
upon the percentages of currently and projected unhoused pupils
relative to the total population of the applicant district or
attendance area and the total number of currently and projected
unhoused pupils in an applicant district or attendance area.
   (c) The board may award priority points based on other factors
that in its judgment result in the most equitable distribution of
resources among applicants.  The additional factors may not
constitute greater than a 10-percent weight in the overall priority
ranking.
   (d) This section shall apply only to projects funded with the
proceeds of state bonds approved by the voters prior to January 1,
2002.
17072.30.  (a) Subject to the availability of funds, and to the
determination of priority pursuant to Section 17072.25, if
applicable, the board shall apportion funds to an eligible school
district only upon the approval of the project by the Department of
General Services pursuant to the Field Act, as defined in Section
17281, and certification by the school district that the required 50
percent matching funds from local sources have been expended by the
district for the project, or have been deposited in the county fund,
or will be expended by the district by the time the project is
completed, in an amount at least equal to the proposed apportionment
pursuant to this chapter, prior to release of the state funds.
   (b) Notwithstanding subdivision (a), subject to the availability
of funds, the board shall, for a project to construct a small high
school pursuant to subdivision (c) of Section 17072.10, apportion
funds to an eligible school district only upon approval of the
project by the Department of General Services pursuant to the Field
Act, as defined in Section 17281, and certification by the school
district that the required 40 percent matching funds from local
sources have been expended by the district for the project, or have
been deposited in the county fund, or will be expended by the
district by the time the project is completed, in an amount at least
equal to 40 percent of the total project costs pursuant to this
chapter, prior to release of the state funds.
   (c) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2008, deletes or extends that
date.
17072.30.  (a) Subject to the availability of funds, and to the
determination of priority pursuant to Section 17072.25, if
applicable, the board shall apportion funds to an eligible school
district only upon the approval of the project by the Department of
General Services pursuant to the Field Act, as defined in Section
17281, and certification by the school district that the required 50
percent matching funds from local sources have been expended by the
district for the project, or have been deposited in the county fund,
or will be expended by the district by the time the project is
completed, in an amount at least equal to the proposed apportionment
pursuant to this chapter, prior to release of the state funds.
   (b) This section is operative January 1, 2008.
17072.32.  (a) For any project that has received an apportionment
pursuant to subdivision (a) of Section 17072.30, funding shall be
released in amounts equal to the amount of the local match upon
certification by the school district that the school district has
entered into a binding contract for completion of the approved
project.
   (b) Notwithstanding subdivision (a), for any project for
construction of a small high school, pursuant to subdivision (c) of
Section 17072.10, that has received an apportionment pursuant to
subdivision (b) of Section 17072.30, funding shall be released in
amounts equal to 60 percent of the total project costs upon
certification by the school district that the school district has
entered into a binding contract for completion of the approved
project.
   (c) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2008, deletes or extends that
date.
17072.32.  (a) For any project that has received an apportionment
pursuant to Section 17072.30, funding shall be released in amounts
equal to the amount of the local match upon certification by the
school district that the school district has entered into a binding
contract for completion of the approved project.
   (b) This section is operative January 1, 2008.
17072.33.  In the case of site acquisition, a district may request
that the state's share of site assistance be provided to the district
in amounts equal to the amount of the local match when the district
enters escrow for a site included within a project.
17072.35.  A grant for new construction may be used for any and all
costs necessary to adequately house new pupils in any approved
project, and those costs may only include the cost of design,
engineering, testing, inspection, plan checking, construction
management, site acquisition and development, evaluation and response
action costs relating to hazardous substances at a new or existing
schoolsite, demolition, construction, acquisition and installation of
portable classrooms, landscaping, necessary utility costs, utility
connections and other fees, equipment including telecommunication
equipment to increase school security, furnishings, and the upgrading
of electrical systems or the wiring or cabling of classrooms in
order to accommodate educational technology.  A grant for new
construction may also be used to acquire an existing government or
privately owned building, or a privately financed school building,
and for the necessary costs of converting the government or privately
owned building for public school use.