§ 1714.1. Matching Fund Requirements for Phase II.

(a) Participating county matching funds for projects proposed to be financed under these regulations for Phase II shall be a minimum of ten percent (10%) of the total project costs pursuant to California Government Code Section 15820.917.

(b) The BSCC may reduce the Phase II 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) Participating county matching funds for Phase II can be any combination of cash and in-kind match, subject to the limitations established in this section.

(d) Expenditures eligible as cash match for Phase II shall include the following:

(1) Costs of construction of the BSCC, CDCR and Board-approved local jail facility project as identified section 1712.1(b)(1) above;

(2) Moveable equipment and moveable furnishings (subject to State review and approval);

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

(4) Preparation of full or focused environmental reports by consultants or contractors;

(5) Building permit fees, sewer/utility use or unit fees, and for building inspection fees;

(6) Off-site costs, including access roads and utilities development, outside of a reasonable buffer zone surrounding the perimeter of the security fence, detention facility building and parking lot; and,

(7) Public art.

(e) Expenditures eligible as in-kind match for Phase II shall include 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;

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

(6) Real estate due diligence costs as billed to the county by the State.

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

HISTORY

1. New section 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.

2. New section 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.

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

4. 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 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.916 and 15820.917, Government Code.