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Chapter 3. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 Article 1. General Provisions Definitions   

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(a) Addition -- a project that increases the floor area of enclosed space of an existing building. "Addition" also means "expansion."

(b) Addition/remodeling -- a project that combines remodeling with an addition to an existing building.

(c) Administrative costs of the project [Education Code section 19990] -- administrative costs include costs of any services provided by employees of the applicant jurisdiction or its library service provider, excluding professional services as described in section 20432(e) and (f) where such services are required by the applicant jurisdiction to be provided by a Public Works or similar department, or by other departments providing the professional services, and where the costs are directly billed to the construction project.

(d) Applicant -- a local jurisdiction as defined under Education Code section 19988 that is eligible for a grant and that is in the process of making application for California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 funds.

(e) Application Form -- the form entitled "Application Form: California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 Funds" found in section 20440, Appendix 1.

(f) Appraised value -- the value of land, an existing building, or any other improvements as determined by an independent certified appraiser no more than one year prior to the date of the Board's deadline for application. [See section 20436(a) for appraisal requirements.]

(g) Architect -- an architect holding a valid license under California Business and Professions Code, Chapter 3, Division 3, commencing with section 5500.

(h) Assignable square footage -- the usable space within the building assigned to furniture and equipment, excluding any non-assignable space.

(i) Board -- California Public Library Construction and Renovation Board.

(j) Bond Act -- the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (Education Code sections 19985-20011).

(k) Co-located library -- a library that houses a combined public library and public school library in a single facility, either on or off of school grounds. Library services provided in the facility shall be defined by a cooperative agreement between the public library jurisdiction that will operate the library and one or more public school districts serving any combination of K-12 students. The terms "co-location project" and "co-located library" are used synonymously. If portions of a co-located project are not devoted to the delivery and support of public library direct service, the project shall be considered, in addition, a multipurpose project.

(l) Common areas of a multipurpose building -- areas of a multi-occupant building that are shared by its occupants.

(m) Community Library Needs Assessment -- a written evaluation of the library service needs of an identified public library service area containing the elements specified in section 20440, Appendix 3.

(n) Completion of the public library project -- For the purposes of Bond Act grant projects, the public library project shall be considered complete at Substantial Completion.

(o) Construction manager -- an individual who has had responsibility for construction management for five or more construction projects in excess of $1,000,000 each, within the 10 years prior to the Board's application deadline.

(p) Conversion -- remodeling an existing building that is not currently used for public library purposes to make it a public library.

(q) Construction cost estimator -- an individual who has had responsibility for five or more construction project cost estimates in excess of $1,000,000 each, within the 10 years prior to the Board's application deadline.

(r) Cooperative agreement -- a written legal agreement containing the elements specified in section 20440 , Appendix 2.

(s) DSA -- Division of the State Architect, Department of General Services, State of California.

(t) Electronic technologies -- any electronic device or network that processes or provides access to data or information.

(u) Eligible project costs -- reimbursable costs authorized in Education Code sections 19989 and 19995(b) as made specific in these regulations.

(v) Eligible projected construction cost:

(1) For new construction -- construction contract costs for a public library or joint use library facility derived by calculating the normal public construction costs in the applicant's area as specified in section 20436(c).

(2) For conversion, remodeling, and addition/remodeling -- construction costs related to all aspects of remodeling, rehabilitating, or renovating an existing public library facility owned by the applicant; or construction costs related to the conversion of a building into a public library, as specified in section 20436(d).

(w) Engineer -- an engineer holding a valid license under California Business and Professions Code, Chapter 7, Division 3, commencing with section 6700, in that branch of engineering that is applicable.

(x) Existing public library -- a facility operated to provide public library direct service, either owned or leased, if the lease has a total duration of not less than 20 years.

(y) Existing public school library -- a facility operated to provide library service to students in a public school, either owned or leased, if the lease has a total duration of not less than 20 years.

(z) Fenestration -- the arrangement, proportioning, and design of exterior and interior windows, clerestories, skylights, window walls, and doors in a building.

(aa) Field Act -- Education Code sections 17281, 17365, and 81130.

(bb) Gross square footage -- the entire area of the building interior including the exterior wall thickness. The total of the assignable square footage and the non-assignable square footage equals the gross square footage. Whenever the terms or abbreviations "square footage," "square feet," "SQ FT," or "SF" are used in the Bond Act regulations or appendices without the modifiers "assignable" or "non-assignable," then the terms or abbreviations mean "gross square footage" or "gross square feet."

(cc) Inadequate infrastructure -- incoming telecommunication connection to a public school building equal to or less than 512 thousand bits per second (512K bps).

(dd) Joint use project -- a public library project that is either a co-located library or a joint venture project.

(ee) Joint venture project -- a project to construct a public library facility that jointly serves both public library users and any combination of K-12 students as defined by a cooperative agreement between a public library jurisdiction and one or more public school districts. Joint venture library services are defined in section 20434(a)(1)(B).

(ff) K-12 -- kindergarten through grade 12.

(gg) Library building program -- the planning document that describes the space requirements and all other general building considerations required for the design of a public library building, as specified in section 20440, Appendix 5.

(hh) Library consultant -- a qualified library consultant who meets all of the following criteria:

(1) Possesses a Master of Library Science or equivalent 5th year degree in library science.

(2) Has been a consultant for at least five different library projects within the last 10 years for the development of at least one of the following:

(A) Library needs assessment.

(B) Library plan of service.

(C) Library facility master plan.

(D) Library site study.

(E) Library building program.

(F) Library architectural plans review.

(3) Has provided the services in (2) above as an independent contractor or as the employee of an organization involved with the administration of public libraries.

(ii) Library facilities master plan -- a jurisdiction-wide plan detailing the anticipated need for new and/or remodeled public library facilities for a specified period of time.

(jj) Local matching funds -- 35% of the total eligible project costs submitted in the Library Project Budget in the Application Form, which the applicant is responsible for obtaining from sources other than the Bond Act.

(kk) Mid-point of construction -- the calendar date that falls half-way between the start of construction and Substantial Completion of the project.

(ll) Multipurpose building -- a multi-occupant facility, part of which is a public library and part of which is used for other purposes. [See also the definition (k), Co-located library].

(mm) New construction -- new building square footage for one or more of the following:

(1) A totally new library building.

(2) An addition to an existing public library building owned by the applicant.

(3) An addition to an existing building that is being converted to a public library building.

(nn) New public library -- any of the following:

(1) The construction of a new public library building.

(2) The acquisition of a building that is not currently a public library and remodeling it to become a public library.

(3) A replacement facility for an existing public library, whether on the same site or a new site.

(oo) Non-assignable space -- utility areas of a building required for the function of the building, including stairways; elevators; corridors and interior walkways; public lobbies; restrooms; duct shafts; mechanical rooms; electrical closets; telecommunications closets for voice, data, electrical, security, and fire systems; janitor's closets; fireplaces; interior and exterior wall thickness; and exterior amenities that are part of the building but not enclosed, such as loading docks and covered patios, porches, and walkways.

(pp) Project -- a remodeling, remodeling with addition, or new construction project for purposes authorized under Education Code section 19989.

(qq) Project manager -- an individual who has had responsibility for project management of five or more construction projects in excess of $1,000,000 each, within the 10 years prior to the Board's application deadline.

(rr) Projected construction cost -- the construction cost of the library project as estimated by an architect, engineer, or construction cost estimator.

(ss) Public library portion of a building or site -- the portion of the building or site dedicated to the delivery and support of public library direct services plus the pro rata share of common areas attributable to the delivery and support of public library direct services.

(tt) Readers' seats -- all seating in the library available for the public of all ages to use while reading print materials (i.e., lounge seating, benches, floor cushions, seating at tables, carrels, and study counters). Readers' seats do not include technology workstations.

(uu) Remodeling -- any form of renovation or rehabilitation of an existing facility. The following terms are used synonymously: remodeling, renovation, and rehabilitation.

(vv) State matching funds -- 65% of the total eligible project costs submitted in the Library Project Budget in the Application Form.

(ww) Substantial Completion -- the date on which the owner and contractor agree that the construction contract is sufficiently complete to permit the owner to take possession of the facility.

(xx) Supplemental funds -- local funds required to cover ineligible project costs that are directly related to the construction project.

(yy) Technology workstations -- workstations in the library (e.g. tables, carrels, counters, office systems) available for the public of all ages to use while operating any kind of library-provided electronic or audiovisual technology (i.e., personal computers, computer terminals, on-line public access computers (OPAC), audio and video units, ADA adaptive technology, and microform readers).

NOTE

Authority cited:

Education Code 19992

Reference:

Education Code 19989

Education Code 19994

Education Code 19995

Education Code 19996

(Added by Register 2001, No. 49)