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Legal Resources | Code of Regulations, Title 2 |    1859.71.6  

Subgroup 5.5. Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program). New Construction and Modernization Grant Determinations (Refs & Annos). New Construction Additional Grant for High Performance Incentive.   

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(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 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. Category, criteria and associated points are as follows:

(A) Sustainable Sites.

1. Site Selection:

a. Code compliance is a prerequisite.

b. Avoiding environmentally sensitive land equals one point;

c. Central location equals one point;

d. Joint-use of facilities equals one point;

e. Joint-use of parks equals one point;

f. Reduced footprint equals one point.

2. Transportation:

a. Public transportation equals one point;

b. Bicycles/Human-powered transportation equals one point;

c. Minimize parking equals one point.

3. Stormwater Management:

a. Construction site runoff control is a prerequisite.

b. Limit stormwater runoff equals one point;

c. Treat stormwater runoff equals one point.

4. Outdoor Surfaces and Spaces:

a. Reduce heat islands - landscaping equals one point;

b. Reduce heat islands - cool roofs equals one point.

5. Outdoor lighting: light pollution reduction equals one point.

(B) Water.

1. Outdoor Systems:

a. Create water use budget is a prerequisite.

b. Reduce potable water use for non-recreational landscaping areas, is a maximum of two points.

c. Reduce potable water use for recreational area landscaping equals one point.

2. Indoor Systems:

a. Reduce sewage conveyance from toilets and urinals equals one point;

b. Reduce indoor potable water use is a maximum of three points.

(C) Energy.

1. Energy Efficiency:

a. Minimum energy performance based on the California Code of Regulations, Title 24, Part 6, also known as the California Energy Code, is a prerequisite.

b. Superior energy performance based on the California Code of Regulations, Title 24, Part 6, also known as the California Energy Code is a maximum of 13 points;

c. Natural ventilation equals one point;

d. Energy management system equals one point.

e. Plug loads monitored by an energy management system equals one point.

2. Alternate Energy Sources: Renewable energy is a maximum of 15 points; one point for each five percent of the site's annual power consumption that is produced on site up to 40 percent and one point for each ten percent above 40 percent of the site's annual power consumption that is produced on site up to 90 percent and two points if 95 percent or more of the site's annual power consumption is produced on site.

3. Commissioning and Training:

a. Fundamental building systems testing and training is a prerequisite.

b. Enhanced commissioning is a maximum of four points.

(D) Materials

1. Recycling: Storage and collection of recyclables is a prerequisite.

2. Construction Waste Management:

a. Construction site waste management is a prerequisite.

b. Construction site waste management at 75 percent or above diverted is a maximum of two points.

3. Building Reuse:

a. Reuse of structure or shell is a maximum of two points;

b. Reuse of interior non-structural elements equals one point.

4. Sustainable Materials:

a. Recycled content is a maximum of two points;

b. Rapidly renewable materials and organically grown materials equals one point;

c. Organically grown materials equals one point;

d. Certified wood equals one point;

e. Salvaged materials is a maximum of two points.

f. Alternative: environmentally preferable products in lieu of a. through e. above is a maximum of seven points.

(E) Indoor Environmental Quality.

1. Lighting and Daylighting:

a. Daylighting is a maximum of four points;

b. View windows equals one point;

c. Electric lighting equals one point.

2. Indoor Air Quality and Thermal Comfort:

a. Minimum requirements for minimum HVAC and construction indoor environmental quality is a prerequisite.

b. Minimum requirements for thermal comfort and moisture control is a prerequisite.

c. Minimum requirements for minimum filtration is a prerequisite.

d. Thermal displacement ventilation equals two points.

e. Enhanced filtration equals one point.

f. Low-emitting materials is a maximum of two points.

g. Ducted returns equals one point.

h. Controllability of systems is a maximum of two points.

i. Chemical and pollutant source control equals one point.

j. Mercury reduction equals one point.

3. Acoustics:

a. Minimum acoustical performance is a prerequisite and equals two points.

b. Improved acoustical performance is a maximum of three points.

(4) A minimum of four points must come from either (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 (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 New Construction Grant by the percentage allowance in accordance with the eligible high performance points as follows:

(1) 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 Grant 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.

(2) 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 27 points, the New Construction Grant will be multiplied by:

(A) Two percent at 27 points plus 0.050 percent for each point attained from 28 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 75 points.

(3) 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 27 points, the Board shall provide $150,000 one time per school site as a High Performance Base Incentive Grant. In addition, the New Construction Grant will be multiplied by:

(A) 2.35 percent at 27 points; or

(B) 2.59 percent at 28 points plus 0.24 percent for each point attained from 29 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 88 points.

(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 27 points, the Board shall provide $150,000 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 new construction 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).

Authority cited:

Education Code 17070.35

Education Code 17078.72( l )

Reference:

Education Code 101012(a)(8)

(Amended by Register 2013, No. 45.)