§ 1714. Matching Fund Requirements for Phase I.

(a) Participating county matching funds for projects proposed to be financed under these regulations for Phase I shall be a minimum of twenty-five percent (25%) of the total project costs pursuant to California Government Code Section 15820.907.

(b) The BSCC may reduce the Phase I matching fund requirements for participating counties with a general population 200,000 or fewer upon petition by a participating county to the BSCC requesting a lower level of matching funds.

(c) Cash match for Phase I must be at least 10 percent (10%) of total eligible project costs for large counties and at least 5 percent (5%) of total eligible project costs for medium and small counties.

(d) Expenditures eligible as cash match for Phase I shall include those for:

(1) Costs of construction of the BSCC, CDCR and Board-approved local jail facility project;

(2) Architectural programming and design by consultants or contractors;

(3) Preparation of full or focused environmental reports by consultants or contractors; and,

(4) Construction management by consultants or contractors.

(e) In-kind match for Phase I cannot exceed 15 percent (15%) of total eligible project costs for large counties and cannot exceed 20 percent (20%) of total eligible project costs for medium and small counties.

(f) Expenditures eligible as in-kind match for Phase I shall include those defined above as eligible cash match expenditures, plus the following:

(1) Costs to audit the state bond financed project including staff salary/benefits of independent county auditor or services of a contracted auditor;

(2) A needs assessment study (or studies where applicable);

(3) Site acquisition cost or current fair market value supported by an independent appraisal of on-site land cost/value of new facility construction, or on-site land cost/value of a closed facility that will be renovated and reopened, and/or on-site land used for expansion of an existing facility. Costs cannot be claimed for land that is under an existing operational local jail facility;

(4) County administration where the staff salary/benefits are directly related to the construction project; and,

(5) Transition planning, including staff salary/benefits and consultant activities directly related to the construction project.

(g) To qualify as match, local expenditures must be directly for the project.

HISTORY

1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (a), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).

4. Amendment of section heading, section and Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section heading, section and Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).

7. Amendment of subsections (b) and (d)(1) 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.

Note

Note: Authority cited: Section 15820.906, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.907, Government Code.