California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 1 - Board of State and Community Corrections
Chapter 1 - Board of State and Community Corrections
Subchapter 6 - Construction Financing Program
Article 2 - Eligibility Requirements
Section 1712.2 - Eligibility Requirements for SB 1022

Universal Citation: 15 CA Code of Regs 1712.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) To be eligible for participation in the SB 1022 Adult Local Criminal Justice Facilities Construction Program, a county shall:

(1) Submit the required proposal described in Section 1730.2 of these regulations;

(2) Complete or update a needs assessment study as prescribed in Section 1731 of these regulations;

(3) Provide match as specified in Section 1714.2 of these regulations;

(4) Include a component of construction or renovation that incorporates program space;

(5) Include all work necessary for the existing facility to meet current fire and life safety standards and meet or exceed building standard seismic level 3 performance standards, applicable only to renovation projects or new construction that is physically attached to an existing facility.

(b) If the conditions in subsection (a) of this regulation are met counties may apply for reimbursement for the following:

(1) Costs of design and construction of the BSCC-approved Adult Local Criminal Justice Facility project including site preparation, fixed equipment and fixed furnishings, and installation of fixed equipment and fixed furnishings necessary for the operation of the facility, other costs for moveable equipment and moveable furnishings are also eligible for reimbursement. Reimbursable costs not to exceed ninety percent (90%) of the total project costs. Costs in excess of ninety percent (90%) including higher than expected construction bids, unanticipated costs, cost overruns, shall be funded by the county.

(c) Projects or items not eligible for state reimbursement under these regulations shall include, but not be limited to, the following:

(1) Temporary holding or court holding facilities.

(2) Local jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible.

(3) Purchase, lease, or rent of land; personnel or operational costs; environmental reports; soil and/or water contamination assessment/mitigation; excavation of burial sites; public art; off-site costs including access roads, power generation and utilities development; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.

1. New section filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-7-2014 order, including amendment of subsections (b)(1) and (c)(3), transmitted to OAL 9-29-2014 and filed 11-6-2014; amendments effective 11-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 45).
4. Amendment of section heading, subsection (a) and NOTE filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-18-2015 order transmitted to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).

Note: Authority cited: Section 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.92, 15820.925 and 15820.926, Government Code; and Section 3073, Penal Code.

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