Section 17049 Of Article 3. Allowances From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 12. >> Article 3.
17049
. (a) The board shall require, as a condition of providing
funding for any project under this chapter, that, for any facilities
for kindergarten or any of grades 1 to 12, inclusive, or for any
facilities for special education or continuation high school
purposes, at least 30 percent of allowable new building construction
for classrooms under the project be utilized for relocatable
structures.
(b) The board may reduce the percentage requirement set forth in
subdivision (a), as to any applicant, in the event that the quantity
of relocatable structures necessary to comply with those requirements
is unavailable from the manufacturers of those structures.
(c) The board may reduce or eliminate the percentage requirements
set forth in subdivision (a), as to any applicant, under either of
the following circumstances:
(1) Where the board finds that special conditions of terrain,
climate, or unavailability of space within the attendance area make
the use of relocatable structures impractical or inappropriate.
(2) Under the condition that, as the result of a future project
for which the district receives funding under this chapter, located
on the same schoolsite on which the current project is located, at
least 30 percent of total building construction for classrooms on
that schoolsite will be utilized for relocatable structures.
(d) Relocatable structures acquired by an applicant school
district up to two years preceding the final approval by the board of
the project application submitted by the district shall apply to the
percentage requirements set forth in subdivision (a).
(e) Notwithstanding subdivision (d), relocatable structures
acquired by an applicant school district up to 10 years preceding the
final approval by the board of the project application submitted by
the district shall apply to the percentage requirements set forth in
subdivision (a) if the relocatable structures are to be situated on
the site of a new school to be constructed under the project and all
of the following conditions are met:
(1) The relocatable structures were not previously used to satisfy
the 30 percent requirement set forth in subdivision (a) under any
other project constructed pursuant to this chapter.
(2) The board determines that the relocatable structures are in
satisfactory condition upon being moved to the new schoolsite, and
are usable for classroom purposes without requiring major repair or
renovation for a period of not less than 20 years subsequent to that
relocation.
(3) Subsequent to moving the relocatable structures to the new
schoolsite, at least 30 percent of the classroom space at the
schoolsite where the structures were previously located consists of
relocatable structures.
The cost of moving the relocatable structures to the new
schoolsite shall be at the school district's sole expense.
(f) Whenever at least 10 percent of the allowable new building
construction contained in an application is to be utilized for
relocatable structures, an additional three square feet of building
area for each pupil to be housed under the approved project shall be
allowed.