California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 4 - Office of Public School Construction › Group 1 - State Allocation Board › Subgroup 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.107 - Amending and Withdrawal of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A funding application that received an apportionment
							 under Chapter 12 or Chapter 12.5 may not be rescinded and re-approved under the
							 provisions of any amended law or administrative regulation unless specifically
							 authorized by other applicable law.
A funding application, with the exception of funding
							 applications identified in Subsection (a) below, that has received an approval
							 pursuant to Section
							 1859.95, but has not received an
							 apportionment, may receive an adjustment as allowed under Sections
							 1859.71,
							 1859.71.2(c),
							 1859.78.4(b) or
							 1859.78 at the time the
							 apportionment is made. If the adjustment is a result of Sections
							 1859.71.2(c) or
							 1859.78.4(b), the
							 district must submit an amended Form SAB 50-04. The amended application shall
							 retain its OPSC processing date. No other adjustments may be made, including
							 those resulting from changes to the regulations prior to final funding by the
							 SAB. As an alternative, the application may be withdrawn and resubmitted for
							 SAB approval under the provisions of any amended or new regulation that becomes
							 effective prior to the apportionment for the project. The district must first
							 request from the OPSC that the application be withdrawn and removed from the
							 Unfunded List. The district may then resubmit the application to the OPSC under
							 the provisions of the amended or new regulation once it is effective. The
							 resubmitted application will receive a new processing date by the OPSC. School
							 districts that have already received a site apportionment under Section
							 1859.81.1(a) may
							 withdraw the application and file as an environmental hardship pursuant to
							 Section 1859.75.1 without forfeiting their
							 original site apportionment, provided that the new application does not exceed
							 the amount already apportioned.
A funding application, with the exception of funding
							 applications identified in Subsection (a) below, submitted to the OPSC that has
							 not received an approval will receive funding under the provisions of the
							 regulations that were in effect when the application was submitted to the OPSC
							 and any funding adjustment authorized by Sections
							 1859.71.2(c) or
							 1859.78.4(b). If
							 the funding adjustment is a result of Sections
							 1859.71.2(c) or
							 1859.78.4(b), the
							 district must submit an amended Form SAB 50-04. The amended application shall
							 retain its OPSC processing date. At the option of the district, a funding
							 application submitted to the OPSC that has not received an approval may be
							 withdrawn and resubmitted for SAB approval under the provisions of any amended
							 or new regulation once it is effective. The district must request that the
							 application be withdrawn and removed from the OPSC workload list. The
							 resubmitted application will receive a new processing date by the OPSC.
At the option of the district, an Approved
							 Application for Career Technical Education Facilities Project Funding submitted
							 to OPSC prior to January 1, 2012 may be resubmitted for the purpose of
							 requesting the funding as prescribed in Section
							 1859.71.6 or Section
							 1859.77.4, as applicable. To
							 request that funding, the district must submit an amended Form SAB 50-10 at
							 least 90 days prior to requesting an Apportionment pursuant to Section
							 1859.90.1 or
							 1859.90.2 or receiving an
							 Apportionment pursuant to Section
							 1859.195. The amended application
							 shall retain its original OPSC processing date. This paragraph is subject to EC
							 Sections 17070.965 and
							 17078.73.
(a) A district that submitted an Approved
						  Application request for either a Modernization Adjusted Grant or a Separate
						  Design Apportionment for a modernization project pursuant to Section
						  1859.81.1 that meets the criteria
						  in (1) and (2) below must submit a new Form SAB 50-04, that meets the criteria
						  in Subsections (b) or (c) no later then 60 calendar days after the effective
						  date (September 16, 2002) of this Subsection:
(1) The Approved Application was received by
						  the OPSC after April 29, 2002 but no later than the date this Subsection
						  becomes effective (September 16, 2002).
(2) The Approved Application has not received
						  an approval or has received an approval pursuant to Section
						  1859.95, but has not received an
						  apportionment.