Section 16528 Of Article 2. Apportionments From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 7. >> Article 2.
16528
. (a) In addition to the powers granted the board under this
chapter, the board shall have authority to do each of the following:
(1) Make apportionments to districts for the purchase of sites
only, or for the construction or purchase of temporary or portable
buildings, and for the cost of site preparation, including any
necessary utility costs, in connection with their utilization.
(2) Establish standards in conjunction with the State Department
of Education pertaining to the sites and buildings as a condition for
making the apportionment. In addition the board may also expend
moneys from the State School Construction Fund directly for the
construction, acquisition, storage, maintenance, and repair of the
buildings, including administrative costs related thereto. In the
latter event the board may lease, sell, or transfer under a
lease-purchase agreement the buildings to school districts eligible
for aid under this chapter, under the terms as it deems fit.
Agreements pertaining thereto may provide for the payment by the
state of site preparation costs, including any necessary utility
costs, sufficient to permit their utilization.
(b) Whenever the board deems it economically desirable to do so
the board may dispose of any facilities acquired or constructed
directly by it under this section to any public or private parties
under the terms and in the manner as the board deems fit, save
insofar as the disposal is inconsistent with any agreement under this
section between the board and an affected district. The board is
authorized to do any and all things necessary to effectuate the
purposes of this section, and any eligible school district is
authorized to enter into an agreement with the board to carry out the
purposes hereof.
(c) Any buildings leased for placement on the school property or
under a purchase or a lease-purchase agreement shall be deemed the
construction or alteration of a school building as those terms are
defined in Sections 17280 to 17313, inclusive.
(d) The consideration provided by any agreement between the state
and districts pursuant to this section shall as nearly as possible
reflect an amount which would return to the state a fair pro rata
proportion of its capital investment and expenditures connected
therewith in the light of the benefits conferred by the agreement.
The consideration shall be paid by the districts promptly when due,
and Section 16573 shall not be deemed applicable to reduce the
consideration, provided that the amounts so repaid shall be
redeposited in the State School Construction Fund.
(e) No agreement shall be entered into under this section unless
the department has, with respect thereto, or as a condition of making
the agreement, approved each of the following items:
(1) The property to be transferred, including any incidental
construction pertaining thereto.
(2) Whether the agreement shall be by lease or sale.
(3) The term of the transfer, if less than a sale, including any
contingent or indefinite term.
"Sale" as used in this subdivision includes a lease-purchase
transaction. The jurisdiction of the department shall not otherwise
extend to the terms of the agreement.