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 8 - New Construction and Modernization Grant Determinations › Section 1859.70 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A district
						  seeking New Construction or Modernization funding shall complete and file Form
						  SAB 50-04, concurrently or after completing the applicable requirements in
						  Sections 1859.20 and
						  1859.40. The Board shall only
						  provide New Construction funding if the Approved Application was received by
						  the OPSC prior to the date of Occupancy for any classrooms included in the
						  construction contract. After the date of Occupancy of any classroom in the
						  construction contract, a School District will be ineligible to seek New
						  Construction funding and the classrooms will be reduced from the baseline
						  eligibility pursuant to Section
						  1859.51(i) if not
						  previously reduced.
(b) A district
						  affected by a reorganization election on or after November 4, 1998 may file an
						  application for New Construction funding after the notification of the
						  reorganization election. The School District must submit a new calculation of
						  the district's baseline eligibility as determined on the Form SAB 50-03 upon
						  written notification, or certify that the reorganization election will not
						  result in a loss of eligibility for the project for which the School District
						  is requesting new construction grants. For all requests for funding received by
						  the OPSC on or after June 6, 2017, the OPSC will notify the School District in
						  writing that OPSC is scheduled to begin processing the School District's Form
						  SAB 50-04. The School District must submit a completed Form SAB 50-03 within 90
						  calendar days of OPSC's notification. OPSC may return the Form SAB 50-04 to the
						  School District for failure to submit the Form SAB 50-03 within 90 calendar
						  days of OPSC's notification.
A School District that is newly created as a result
							 of a reorganization election may file an application for funding after approval
							 of the election has been made by the State Board of Education.
1. New
							 article 8 (sections
							 1859.70-1859.79.2) and section
							 filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A
							 Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. New article 8 (sections
							 1859.70-1859.79.2) and section
							 refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A
							 Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
3. Amendment filed 7-12-99 as an emergency; operative 7-12-99
							 (Register 99, No. 29). A Certificate of Compliance must be transmitted to OAL
							 by 11-9-99 or emergency language will be repealed by operation of law on the
							 following day.
4. New article 8 (sections
							 1859.70-1859.72) and section
							 refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A
							 Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
5. Certificate of Compliance as to 7-29-99 order, including
							 amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register
							 99, No. 41).
6. Certificate of Compliance as to 7-12-99 order,
							 including further amendments, transmitted to OAL 11-5-99 and filed 12-22-99
							 (Register 99, No. 52).
7. Amendment of section and NOTE filed
							 6-26-2000; operative 6-26-2000 pursuant to Government Code section
							 11343.4(d)
							 (Register 2000, No. 26).
8. Amendment filed 7-17-2000 as an
							 emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of
							 Compliance must be transmitted to OAL by 11-14-2000 or emergency language will
							 be repealed by operation of law on the following day.
9. Certificate
							 of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed
							 12-27-2000 (Register 2000, No. 52).
10. Amendment of first and
							 second paragraphs filed 1-2-2001 as an emergency; operative 1-2-2001 (Register
							 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by
							 5-2-2001 or emergency language will be repealed by operation of law on the
							 following day.
11. Certificate of Compliance as to 1-2-2001 order
							 transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No.
							 24).
12. Amendment of first paragraph filed 7-25-2001; operative
							 7-25-2001 pursuant to Government Code section
							 11343.4
							 (Register 2001, No. 30).
13. Amendment of first paragraph filed
							 8-13-2001; operative 8-13-2001 pursuant to Government Code section
							 11343.4
							 (Register 2001, No. 33).
14. Amendment filed 4-10-2002; operative
							 4-10-2002 pursuant to Government Code section
							 11343.4
							 (Register 2002, No. 15).
15. Amendment of first paragraph filed
							 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
16. Amendment
							 of first paragraph filed 8-12-2002 as an emergency; operative 8-12-2002
							 (Register 2002, No. 33). A Certificate of Compliance must be transmitted to OAL
							 by 12-10-2002 or emergency language will be repealed by operation of law on the
							 following day.
17. Amendment of first and second paragraphs filed
							 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45).
							 Pursuant to Education Code section
							 17070.35 a
							 Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
							 language will be repealed by operation of law on the following
							 day.
18. Certificate of Compliance as to 8-12-2002 order transmitted
							 to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
19.
							 Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003
							 and filed 12-19-2003 (Register 2003, No. 51).
20. Amendment of first
							 paragraph and amendment of NOTE filed 7-22-2004 as an emergency; operative
							 7-22-2004 (Register 2004, No. 30). A Certificate of Compliance must be
							 transmitted to OAL by 11-19-2004 or emergency language will be repealed by
							 operation of law on the following day.
21. Certificate of Compliance
							 as to 7-22-2004 order transmitted to OAL 11-12-2004 and filed 12-16-2004
							 (Register 2004, No. 51).
22. Amendment of first paragraph filed
							 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A
							 Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency
							 language will be repealed by operation of law on the following
							 day.
23. Certificate of Compliance as to 5-15-2006 order transmitted
							 to OAL 7-19-2006 and filed 8-11-2006 (Register 2006, No. 32).
24.
							 Amendment filed 4-16-2018 as an emergency; operative 4-16-2018 (Register 2018,
							 No. 16). A Certificate of Compliance must be transmitted to OAL by 10-15-2018
							 or emergency language will be repealed by operation of law on the following
							 day.
25. Certificate of Compliance as to 4-16-2018 order transmitted
							 to OAL 8-14-2018 and filed 9-26-2018 (Register 2018, No.
							 39).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17071.10,
								17071.75,
								17072.10
								and
								17074.10,
								Education Code.