Section 1859.77.4 - Addition to a Site and Modernization Grant for High Performance Incentive(a) In addition to any other funding authorized by these Regulations, the Board shall provide the grant amounts identified in Subsections (b) or (c), as applicable, if all the following are met:(1) The project meets the mandatory measures of the California Green Building Standards, California Code of Regulations Title 24, Part 11, as applicable.(2) The project includes all the prerequisites in each of the five HPRC to include Sustainable Sites, Water, Energy, Materials and Indoor Environmental Quality, that are within the scope of the project, and related subcategory credits.(3) Once the prerequisites in (a)(1) and (a)(2) have been met, the district may select the criteria and credits it wishes to pursue to determine point award. The category, criteria and associated points are as indicated in Section 1859.71.6(a), with the exception of (a)(3)(C)2., Alternate Energy Sources, that has an amended point allowance that equals three to nine points; three points for the first five percent plus one point for each additional five percent thereafter of the site's annual power consumption that is produced on site not to exceed 35 percent; and the exception of (a)(3)(E)(2)f., Low emitting materials, that has an amended point allowance equal to one to four points.(4) A minimum of four points must come from either Section 1859.71.6(a)(3)(C)1.b. and/or 2.(5) The project, which includes a complete set of plans, must be submitted to and accepted by the DSA on or after May 20, 2006.(6) The DSA has reviewed the proposed project and concurs with the points specified in the HPRC.(7) The project will not receive funding from the Energy Efficiency Account.(8) For those projects accepted by the DSA prior to October 1, 2007, districts may utilize the 2002 CA-CHPS Criteria, and the point standard will be in the range of 23 to 72 points. All prerequisites, credits and points obtained must be based on the 2002 Edition requirements. Criteria and associated prerequisite or points as indicated in Section 1859.71.6 (a)(3)(D)2.a. and 4.c. and f. and (E)1.c. and 2.b. and district resolutions are ineligible, and (a)(4) is optional.(b) Excluding Career Technical Education Facilities Projects, to determine the High Performance Incentive grant, multiply the appropriate grant listed in (1), (2), (3), (4), (5), or (6) below by the percentage allowance in accordance with the eligible high performance points in (7), (8), or (9): (1) New Construction Grant(3) Facility Hardship Square Footage Grant(4) Seismic Rehabilitation Grant(5) Modernization Excessive Cost Hardship Grant pursuant to Section 1859.83(e), excluding additional grants.(6) Charter School Facilities Program Rehabilitation Grant(7) For those projects accepted by the DSA prior to October 1, 2007, pursuant to (a)(8), in which the level of high performance attained, as concurred by the DSA, is a minimum of 23 points, the New Construction or Modernization Grant, as appropriate, will be multiplied by: (A) Two percent at 23 points plus 0.03 percent for each point attained from 24 through 33 points; or(B) 2.35 percent at 34 points plus 0.24 percent for each point attained from 35 through 40 points; or(C) Four percent at 41 points plus 0.36 percent for each point attained from 42 through 54 points; or(D) 9.05 percent at 55 points plus 0.060 percent for each point attained from 56 through 72 points.(8) For those projects accepted by the DSA utilizing the 2006 CA-CHPS Criteria, in which the level of high performance attained as concurred by the DSA is a minimum of 20 points, the New Construction or Modernization Grant, as appropriate, will be multiplied by:(A) Two percent at 20 points plus 0.025 percent for each point attained from 21 through 33 points; or(B) 2.35 percent at 34 points plus 0.24 percent for each point attained from 35 through 40 points; or(C) Four percent at 41 points plus 0.36 percent for each point attained from 42 through 54 points; or(D) 9.05 percent at 55 points plus 0.060 percent for each point attained from 56 through 77 points.(9) For those projects accepted by the DSA utilizing the 2009 CA-CHPS Criteria, in which the level of high performance attained as concurred by the DSA is a minimum of 20 points, the Board shall provide $250,000 one time per school site as a High Performance Base Incentive Grant. In addition, the New Construction or Modernization Grant, as appropriate will be multiplied by:(A) 2.18 percent at 20 points plus 0.025 percent for each point attained from 21 through 26 points; or(B) 2.35 percent at 27 points plus 0.24 percent for each point attained from 28 through 33 points; or(C) Four percent at 34 points plus 0.36 percent for each point attained from 35 through 47 points; or(D) 9.05 percent at 48 points plus 0.060 percent for each point attained from 49 through 84.(c) For Career Technical Education Facilities Projects accepted by the DSA utilizing the 2009 CA-CHPS Criteria, in which the level of high performance attained as concurred by the DSA is a minimum of 20 points, the Board shall provide $250,000 one time per school site as a High Performance Base Incentive Grant. If there are no funds remaining in the High Performance School Account or the funds remaining are insufficient to fully fund the additional grant authorized in Subsections (b) or (c), the district may either withdraw its application and resubmit it should additional funds be made available in the High Performance School Account or continue with the addition to an existing site/modernization project and accept a full and final apportionment without the additional grant authorized by Subsections (b) or (c).
Any funds apportioned pursuant to this Section shall be expended only on high performance related costs (and components as approved by the OPSC).
Cal. Code Regs. Tit. 2, § 1859.77.4
1. New section filed 10-1-2007; operative 10-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
2. Amendment filed 1-25-2011; operative 1-25-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 4).
3. Amendment of subsections (a) and (b), new subsection (c) and amendment of penultimate paragraph and NOTE filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
4. Amendment of subsection (b), new subsections (b)(1)-(5), subsection renumbering and amendment of last paragraph filed 11-4-2013; operative 1-1-2014 (Register 2013, No. 45).
5. Amendment of subsection (b), new subsection (b)(6) and subsection renumbering filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51). Note: Authority cited: Sections 17070.35 and 17078.72(l), Education Code. Reference: Section 101012(a)(8), Education Code.
1. New section filed 10-1-2007; operative 10-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
2. Amendment filed 1-25-2011; operative 1-25-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 4).
3. Amendment of subsections (a) and (b), new subsection (c) and amendment of penultimate paragraph and Note filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
4. Amendment of subsection (b), new subsections (b)(1)-(5), subsection renumbering and amendment of last paragraph filed 11-4-2013; operative 1-1-2014 (Register 2013, No. 45).
5. Amendment of subsection (b), new subsection (b)(6) and subsection renumbering filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).