(

a) The participating county contribution for adult local criminal justice facilities financed under this

chapter shall be a minimum of percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. (

b) The BSCC shall determine the funding criteria. Funding consideration shall be given to counties that are seeking to replace existing compacted, outdated, or unsafe housing capacity or are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. Funding preference shall be given to counties that are most prepared to proceed successfully with this financing in a timely manner.

The determination of preparedness to proceed shall include, but not be limited to, counties providing documentation of adequate, available matching funds authorized by the county board of supervisors from a source or sources compatible with this financing authority as determined by the State Public Works Board in its sole discretion. A participating county may only add housing capacity using this financing authority if the requesting county clearly documents an existing housing capacity deficiency.

Any county requesting to add housing capacity using this financing authority shall be required to certify and covenant in writing that the county is not and will not be leasing housing capacity to any other public or private entity, with the exception of state agencies, for a period of years beyond the completion date of the adult local criminal justice facility.

If a county that adds housing capacity using this financing authority enters into a leasing housing capacity agreement that includes any state agency other than the State Department of State Hospitals, the Department of Finance shall report this fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house of the Legislature at least days prior to the board providing consent to that agreement.