Amended IN Assembly June 05, 2024 Amended IN Senate March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1091Introduced by Senator MenjivarFebruary 12, 2024 An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add Section 17672 to, the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGESTSB 1091, as amended, Menjivar. School facilities: school ground greening projects.The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a school ground greening project, as defined, that is on a school district, county office of education, or charter school, or community college campus school to 20% of the adjusted construction cost, as defined, of the school ground greening project.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read: CHAPTER 9. Shade Structures and School ground Ground Greening ProjectsSEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.(B) The following projects shall not be considered school ground greening projects:(i) Projects that do not include any live vegetation.(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.(iv) Projects that consist exclusively of sports fields or sports courts.(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.
Amended IN Assembly June 05, 2024 Amended IN Senate March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1091Introduced by Senator MenjivarFebruary 12, 2024 An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add Section 17672 to, the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGESTSB 1091, as amended, Menjivar. School facilities: school ground greening projects.The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a school ground greening project, as defined, that is on a school district, county office of education, or charter school, or community college campus school to 20% of the adjusted construction cost, as defined, of the school ground greening project.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 05, 2024 Amended IN Senate March 14, 2024
Amended IN Assembly June 05, 2024
Amended IN Senate March 14, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1091
Introduced by Senator MenjivarFebruary 12, 2024
Introduced by Senator Menjivar
February 12, 2024
An act to amend the heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of, and to add Section 17672 to, the Education Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1091, as amended, Menjivar. School facilities: school ground greening projects.
The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a school ground greening project, as defined, that is on a school district, county office of education, or charter school, or community college campus school to 20% of the adjusted construction cost, as defined, of the school ground greening project.
The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.
The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided. Existing law limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.
This bill would additionally limit the cost of complying with the requirement to provide an accessible path of travel to a school ground greening project, as defined, that is on a school district, county office of education, or charter school, or community college campus school to 20% of the adjusted construction cost, as defined, of the school ground greening project.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read: CHAPTER 9. Shade Structures and School ground Ground Greening ProjectsSEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.(B) The following projects shall not be considered school ground greening projects:(i) Projects that do not include any live vegetation.(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.(iv) Projects that consist exclusively of sports fields or sports courts.(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read: CHAPTER 9. Shade Structures and School ground Ground Greening Projects
SECTION 1. The heading of Chapter 9 (commencing with Section 17670) of Part 10.5 of Division 1 of Title 1 of the Education Code is amended to read:
### SECTION 1.
CHAPTER 9. Shade Structures and School ground Ground Greening Projects
CHAPTER 9. Shade Structures and School ground Ground Greening Projects
CHAPTER 9. Shade Structures and School ground Ground Greening Projects
CHAPTER 9. Shade Structures and School ground Ground Greening Projects
SEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.(B) The following projects shall not be considered school ground greening projects:(i) Projects that do not include any live vegetation.(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.(iv) Projects that consist exclusively of sports fields or sports courts.(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.
SEC. 2. Section 17672 is added to the Education Code, immediately following Section 17671, to read:
### SEC. 2.
17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.(B) The following projects shall not be considered school ground greening projects:(i) Projects that do not include any live vegetation.(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.(iv) Projects that consist exclusively of sports fields or sports courts.(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.
17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.(B) The following projects shall not be considered school ground greening projects:(i) Projects that do not include any live vegetation.(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.(iv) Projects that consist exclusively of sports fields or sports courts.(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.
17672. (a) For purposes of this section, the following definitions apply:(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.(B) The following projects shall not be considered school ground greening projects:(i) Projects that do not include any live vegetation.(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.(iv) Projects that consist exclusively of sports fields or sports courts.(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.
17672. (a) For purposes of this section, the following definitions apply:
(1) (A) Adjusted construction cost means all costs directly related to the construction of a project, including labor, material, equipment, services, utilities, contractor financing, contractor overhead and profit, and construction management costs.
(B) Adjusted construction cost is not reduced by the value of the components, assemblies, building equipment, or construction not directly associated with accessibility or usability.
(C) Adjusted construction cost does not include: project management fees and expenses, architectural and engineering fees, testing and inspection fees, and utility connection or service district fees.
(2) (A) School ground greening project means a project that uses nature-based solutions and improves pupil or student well-being or learning, or pupil play, and that improves community ecological health and climate resilience. School ground greening projects incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches, on school grounds to support pupil and student engagement in the space. A school ground greening project shall be, at a minimum, a project described in any of clauses (i) to (vi), inclusive:
(i) A project to remove impervious pavement such as asphalt or concrete and replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers.
(ii) A project to plant trees or create schoolyard forests in places that pupils or students can access during the schoolday, designed to shade and protect pupils or students from extreme heat and rising temperatures.
(iii) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds and other beneficial wildlife, and improve local watersheds.
(iv) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces.
(v) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects include permeable surfaces, rainwater harvesting, and vegetated swales.
(vi) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils and students during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play.
(B) The following projects shall not be considered school ground greening projects:
(i) Projects that do not include any live vegetation.
(ii) Projects that include artificial turf, rubber surfaces, rubber tires, plastic, and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and students and the environment.
(iii) Projects that use trees and other vegetation that are not climate adapted or that are invasive.
(iv) Projects that consist exclusively of sports fields or sports courts.
(b) Projects solely for the installation of a school ground greening project where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school, or community college campus school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the school ground greening project.