2005 California Education Code Sections 17074.10-17074.32 Article 7. Modernization Apportionment

17074.10.  (a) The board shall determine the total funding
eligibility of a school district for modernization funding by
multiplying the following amounts by each pupil of that grade level
housed in school buildings that satisfy the requirements of Section
17073.15:
   (1) Two thousand two hundred forty-six dollars ($2,246) for each
elementary pupil.
   (2) Two thousand three hundred seventy-six dollars ($2,376) for
each middle school pupil.
   (3) Three thousand one hundred ten dollars ($3,110) for each high
school pupil.
   (b) The board shall annually adjust the factors set forth in
subdivision (a) according to the adjustment for inflation set forth
in the statewide cost index for class B construction, as determined
by the board.
   (c) The board may adopt regulations to be effective until July 1,
2000, that adjust the amounts identified in this section for
qualifying individuals with exceptional needs, as defined in Section
56026.  The regulations shall be amended after July 1, 2000, in
consideration of the recommendations provided pursuant to Section
17072.15.
   (d) It is the intent of the Legislature that the amounts provided
pursuant to this article for school modernization do not include
funding for administrative and overhead costs.
   (e) For a school district having an enrollment of 2,500 or less
for the prior fiscal year, the board may approve a supplemental
apportionment of up to two thousand five hundred dollars ($2,500) for
any modernization project assistance.  The amount of the
supplemental apportionment shall be adjusted in 2001 and every year
thereafter by an amount equal to the percentage adjustment for class
B construction.
   (f) For a portable classroom that is eligible for a second
modernization, the board shall require the school district to use the
modernization funds to replace the portable classroom and to certify
that the existing eligible portable classroom will be removed from
any classroom use, unless the school district is able to document
that modernizing the portable classroom is a better use of public
resources.  The capacity and eligibility of the school district shall
not be adjusted for replacing a portable classroom pursuant to this
subdivision and Section 17073.15.
17074.15.  (a) The board shall release disbursements to school
districts with approved applications for modernization, to the extent
state funds are available for the state's 80-percent share, and the
school district has provided its 20-percent local match.  Subject to
the availability of funds, 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, including, but not limited to, a project that
complies with the Field Act by complying with Section 17280.5, and
evidence that the certification by the school district that the
required 20-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 of
completion of the project, and evidence that the district has entered
into a binding contract for the completion of that project.  If
state funds are insufficient to fund all qualifying school districts,
the board shall fund all qualifying school districts in the order in
which the application for funding was approved by the board.
   (b) This section shall apply only to an application filed on or
before April 29, 2002, regardless of the source of state bond
funding.
17074.16.  (a) The board shall release disbursements to school
districts with approved applications for modernization, to the extent
state funds are available for the state's 60-percent share, and the
school district has provided its 40-percent local match.  Subject to
the availability of funds, 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, including, but not limited to, a project that
complies with the Field Act by complying with Section 17280.5, and
evidence that the 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 of
completion of the project, and evidence that the district has entered
into a binding contract for the completion of that project.  If
state funds are insufficient to fund all qualifying school districts,
the board shall fund all qualifying school districts in the order in
which the application for funding was approved by the board.
   (b) This section shall apply only to an application that was filed
after April 29, 2002.
17074.20.  As a condition for the receipt of funds under this
article, a school district shall ensure that all buildings modernized
comply with Sections 17212, 17212.5, and 17213.
17074.25.  A modernization apportionment may be used for an
improvement to extend the useful life of, or to enhance the physical
environment of, the school.  The improvement may only include the
cost of design, engineering, testing, inspection, plan checking,
construction management, demolition, construction, the replacement of
portable classrooms, necessary utility costs, utility connection and
other fees, the purchase and installation of air-conditioning
equipment and insulation materials and related costs, furniture and
equipment, including telecommunication equipment to increase school
security, fire safety improvements, playground safety improvements,
the identification, assessment, or abatement of hazardous asbestos,
seismic safety improvements, and the upgrading of electrical systems
or the wiring or cabling of classrooms in order to accommodate
educational technology.  A modernization grant may not be used for
costs associated with acquisition and development of real estate or
for routine maintenance and repair.
17074.26.  The board shall adopt regulations to adjust the per-pupil
amounts set forth in Section 17074.14 for modernization projects for
school buildings that are 50 years old or older based upon the
higher costs associated with modernizing older buildings.
17074.27.  In addition to the uses specified in Section 17074.25, a
modernization apportionment may also be used for the control,
management, or abatement of lead.
17074.30.  Commencing with applications submitted after January 1,
2004, any school district applying for funding pursuant to this
article shall certify that it has considered the potential for the
presence of lead-containing materials in the modernization projects
and will follow all relevant federal, state, and local standards for
the management of any identified lead.
17074.32.  (a) A high school with an enrollment of 1,000 or more
pupils that is seeking to reconfigure into two or more small high
schools, as defined in subdivision (m) of Section 17070.15, shall be
eligible for additional modernization funding to assist with costs
generated by the reconfiguration.  Reconfiguration can specifically
allow some limited new construction necessary to accommodate the
reconfiguration.  The board shall set aside a total amount of five
million dollars ($5,000,000), from the proceeds of state bonds
approved by the voters pursuant to the Kindergarten-University Public
Education Facilities Bond Act of 2002 (Part 68.1 (commencing with
Section 100600)) and the Kindergarten-University Public Education
Facilities Bond Act of 2004 (Part 68.2 (commencing with Section
100800)), for purposes of this additional modernization funding and
no single project shall be granted, in the aggregate, more than five
hundred thousand dollars ($500,000).
   (b) The board shall adopt regulations to implement this section.
   (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.