The Office of Public School Construction (OPSC) and California Department of Education would like to clarify the application of Education Code (EC) Section 17070.75.
EC Section 17070.75 requires school districts that participate in the School Facility Program (SFP) to make all necessary repairs, renewals, and replacements to ensure that a project is at all times maintained in good repair, working order, and condition. This is accomplished by the establishment of a restricted account within the district’s general fund for the exclusive purpose of providing moneys for ongoing and major maintenance of school buildings. EC Section 17070.75 requires a district to deposit a specified amount in each fiscal year, for 20 years, when SFP funds are received.
For districts receiving Proposition 51 funding, a district receiving SFP funds during the 2017/2018 fiscal year must make a deposit equal to three percent of their general fund in the 2018/2019 fiscal year. For districts receiving SFP funding in 2018/2019 and beyond, the district must make the required deposit in same fiscal year in which funds are received. Therefore school districts receiving SFP funds in 2018/2019 must make a deposit in 2018/2019.
For districts receiving Proposition 1A, 47, 55, and 1D funding, school districts may be eligible to deposit an alternative amount, as provided in statute.