Section 70357 Of Article 5. County Facilities Payment From California Government Code >> Title 8. >> Chapter 5.7. >> Article 5.
70357
. (a) The cost of utilities shall be included in the county
facilities payment by calculating the average consumption of
utilities for the fiscal years 1995-96 to 1999-2000, inclusive,
multiplying the consumption averages by the 1999-2000 rates, and
multiplying the value by the increase in the inflation index
specified in Section 70355 from January 2000, to the month of the
date of transfer of responsibility for the court facilities from the
county to the state, inclusive. The consumption rates for 1999-2000
shall be the average of the rates for each month of that fiscal year.
(b) If the county states in its county facilities payment
calculation under Section 70363 that either utility consumption
amounts or rates are not reasonably available for any court facility
for any or all of the 1995-96 to 1999-2000, inclusive, fiscal years
after a good faith effort to obtain those consumption amounts or
rates, then the cost of utilities for that facility shall be included
in the county facilities payment by calculating the five-year
average of the utility costs incurred in connection with the
operation of the building for the 1995-96 to 1999-2000, inclusive,
fiscal years. This amount shall be calculated by multiplying the
yearly utility costs for each court facility for each of the five
fiscal years from 1995-96 to 1999-2000, inclusive, by the change in
the inflation index specified in Section 70355 from January of that
fiscal year to the month of the date of transfer of responsibility
for the court facility from the county to the state, inclusive, and
then averaging the five inflation-adjusted yearly values.
(c) If the county states in its county facilities payment
calculation under Section 70363 that the utility cost information
described in subdivisions (a) and (b) is not reasonably available for
any court facilities for any or all of the fiscal years 1995-96 to
1999-2000, inclusive, after a good faith effort to obtain that
information, then the cost of utilities for those facilities shall be
calculated using all relevant information available to the county
and to the Administrative Office of the Courts.
(d) For purposes of any good faith statement made pursuant to
subdivision (b) or (c), the county shall include a detailed
description of all activities it undertook to obtain the information
and the results of each activity.
(e) If the county implemented a special improvement to increase
energy efficiency during the 1995-96 fiscal year or thereafter, and
that special improvement resulted in measurable and ongoing net cost
savings, then the county may include a description of the special
improvement and the resulting cost savings as part of its county
facilities payment calculation under Section 70363. The amount of any
reduction in the county facilities payment calculation shall be
limited to the demonstrable ongoing cost savings to the state
directly resulting from the special improvement only to the extent
not already reflected in the cost or consumption data used to
determine utilities costs. The county shall document or demonstrate
the savings and the fact that the savings are not already reflected.
(f) As used in this section, "utility costs" include, but are not
limited to, natural gas, heating oil, electricity, water, sewage, and
garbage. Utility costs shall be included without regard to whether
payment of the costs was made by the county, the court, or another
entity except that the amount of specific utility costs may not be
included in the county facilities payment if all of the following
conditions are satisfied:
(1) A lease expressly provides that the utilities are to be paid
by the lessor.
(2) There is no payment by the lessee for the utilities, except as
part of the lease payment.
(3) The lease payment is included in the county facilities
payment.