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 14 - Charter School Facilities Program › Section 1859.164.2 - Preliminary Charter School Apportionment Fund Release

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant receiving a Preliminary Charter School
							 Apportionment from the Board after July 2, 2003 may request an advance release
							 of funds for either of the following:
(a) A separate advance release of funds for
						  design equal to 20 percent of the amount determined in Section
						  1859.163.1(a)(1) through
						  (8) and Section
						  1859.163.1(c)(1) and
						  (2) or Section
						  1859.163.5(a)(1) through
						  (6) and Section
						  1859.163.5(b)(1) and
						  (2).
(b) A separate advance release of funds for
						  site acquisition once the requirements in Section
						  1859.81.1(a)(2) and
						  (3) are met for an amount not to exceed the
						  Preliminary Charter School Apportionment for site acquisition.
The Board shall release to the applicant an amount up
							 to the Preliminary Charter School Apportionment determined in Section
							 1859.163.1(b).
Qualified applicants may request a separate advance
							 release of funds for the design and for the site acquisition for the same
							 project. An applicant seeking an advance release of funds pursuant to (a)
							 and/or (b) must have been deemed and maintained financial soundness status from
							 the Authority. Subject to the availability of financing provided by the Pooled
							 Money Investment Board for bond-funded projects, the OPSC will release State
							 funds included in a Preliminary Charter School Apportionment pursuant to (a) or
							 (b) to the applicant after submittal of the Form SAB 50-05. The OPSC shall not
							 release funds in excess of the Preliminary Charter School Apportionment. State
							 funds released from a Preliminary Charter School Apportionment pursuant to this
							 Section shall be subject to the provisions in Section
							 1859.166. Once the Preliminary
							 Charter School Apportionment is converted to a Final Charter School
							 Apportionment pursuant to Section
							 1859.167, the applicant may request
							 a release of the remaining funds as prescribed in Section
							 1859.90 or
							 1859.90.2. Prior to the release of
							 any funds, the Charter School Agreements must be executed.
1. New
							 section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No.
							 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 6-1-2004 order transmitted
							 to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3.
							 Amendment of subsection (a) filed 12-20-2004 as an emergency; operative
							 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be
							 transmitted to OAL by 4-19-2005 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005
							 (Register 2005, No. 19).
5. Amendment of section and NOTE filed
							 5-17-2007; operative 5-17-2007 pursuant to Government Code section
							 11343.4
							 (Register 2007, No. 20).
6. Amendment of subsection (b) filed
							 4-22-2009 as an emergency; operative 4-22-2009 (Register 2009, No. 17). A
							 Certificate of Compliance must be transmitted to OAL by 10-19-2009 or emergency
							 language will be repealed by operation of law on the following
							 day.
7. Certificate of Compliance as to 4-22-2009 order transmitted
							 to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
8.
							 Amendment of last paragraph filed 3-25-2013 as an emergency; operative
							 3-25-2013 (Register 2013, No. 13). A Certificate of Compliance must be
							 transmitted to OAL by 9-23-2013 or emergency language will be repealed by
							 operation of law on the following day.
9. Certificate of Compliance
							 as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013
							 (Register 2013, No. 34).
10. Amendment filed 12-18-2014; operative
							 1-1-2015 pursuant to Government Code section
							 11343.4(b)(3)
							 (Register 2014, No. 51).
11. Editorial correction of subsection (b)
							 (Register 2015, No. 52).
12. Amendment of subsection (a) filed
							 12-23-2015; operative 12-23-2015 pursuant to Government Code section
							 11343.4(b)(3)
							 (Register 2015, No. 52).
Note: Authority cited: Sections
								17070.35
								and
								17078.64,
								Education Code. Reference: Sections
								17078.53
								and
								17078.58,
								Education Code.