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 10 - Fund Release and Priority Points › Section 1859.90 - Fund Release Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  With the exception of an apportionment made pursuant to Sections
						  1859.81.1(e) or
						  1859.81.2, apportionments provided
						  through the Priority Funding Process and subject to 1859.90.2, the OPSC will
						  release State funds that the Board has apportioned to the district after
						  submittal, by the district, of the Form SAB 50-05 and a Grant Agreement,
						  pursuant to Section
						  1859.90.4.
(b) With the exception of an apportionment
						  made for a Type II Joint-Use Project, not part of a qualifying SFP
						  Modernization project, pursuant to Article 12 of these Regulations, a district
						  must submit the Form SAB 50-05 and Grant Agreement, within 180 calendar days of
						  the Apportionment of the SFP grant for the project or within 365 calendar days
						  for Apportionments that include financial hardship assistance. If the district
						  does not submit the Form SAB 50-05 and Grant Agreement within the above
						  specified time, the entire New Construction Adjusted Grant, or Modernization
						  Adjusted Grant or Type I or II, part of a qualifying SFP Modernization project,
						  or Joint-Use Project apportionment shall be rescinded without further Board
						  action, and the pupils housed in the project, if applicable, will be added back
						  to the district's baseline eligibility. The district may refile a new
						  application for the project subject to district eligibility and available State
						  funds at the time of resubmittal.
(c) If the Apportionment was made for a Type
						  II Joint-Use Project, not part of a qualifying SFP Modernization project,
						  pursuant to Article 12 of these Regulations, the district must submit the Form
						  SAB 50-05 and a Grant Agreement within 18 months of the date the plans and
						  specifications for the Joint-Use Project that have been approved by the DSA and
						  the CDE are submitted to the OPSC or the Apportionment shall be rescinded
						  without further Board action.
(d)
						  OPSC will release State funds that have been apportioned by the Board pursuant
						  to Section 1859.81.1(e) to
						  the district within 30 calendar days of the following, whichever occurs last:
						  an Apportionment or upon submittal by the district of a Grant Agreement
						  pursuant to Section
						  1859.90.4. Submittal of the Grant
						  Agreement must occur within 365 days of the Apportionment. If the district
						  received an Apportionment pursuant to 1859.90.2, the Grant Agreement must be
						  submitted within the specified time period in 1859.90.2.
1. New
							 article 10 (sections
							 1859.90-1859.95) 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
							 10 (sections
							 1859.90-1859.95) 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. New article 10 (sections
							 1859.90-1859.95) 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.
4. 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).
5. Amendment filed 6-26-2000; operative 6-26-2000
							 pursuant to Government Code section
							 11343.4(d)
							 (Register 2000, No. 26).
6. Amendment of first paragraph 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.
7. Certificate of Compliance as to 7-17-2000 order transmitted
							 to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
8.
							 Amendment of first paragraph 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.
9. Certificate of Compliance as to 1-2-2001 order
							 transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No.
							 24).
10. Amendment of section and NOTE 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.
11. Amendment of first paragraph and amendment of NOTE filed
							 2-6-2003; operative 2-6-2003 pursuant to Government Code section
							 11343.4
							 (Register 2003, No. 6).
12. Certificate of Compliance as to
							 11-4-2002 order, including amendment of first and last paragraph, transmitted
							 to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
13.
							 Amendment of first and second paragraphs filed 5-21-2004 as an emergency;
							 operative 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must
							 be transmitted to OAL by 9-20-2004 or emergency language will be repealed by
							 operation of law on the following day.
14. Certificate of Compliance
							 as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004
							 (Register 2004, No. 45).
15. Amendment of first and third paragraphs
							 filed 4-9-2009 as an emergency; operative 4-9-2009 (Register 2009, No. 15). A
							 Certificate of Compliance must be transmitted to OAL by 10-6-2009 or emergency
							 language will be repealed by operation of law on the following
							 day.
16. Certificate of Compliance as to 4-9-2009 order transmitted
							 to OAL 9-24-2009 and filed 11-3-2009 (Register 2009, No. 45).
17.
							 Amendment filed 9-20-2017 as an emergency; operative 9-20-2017 (Register 2017,
							 No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or
							 emergency language will be repealed by operation of law on the following
							 day.
18. Certificate of Compliance as to 9-20-2017 order transmitted
							 to OAL 3-15-2018 and filed 4-23-2018 (Register 2018, No. 17).
19.
							 Amendment filed 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022,
							 No. 45). A Certificate of Compliance must be transmitted to OAL by 5-8-2023 or
							 emergency language will be repealed by operation of law on the following
							 day.
20. Certificate of Compliance as to 11-7-2022 order, including
							 amendment of subsection (a), transmitted to OAL 5-3-2023 and filed 6-13-2023;
							 amendments effective 6-13-2023 pursuant to Government Code section
							 11343.4(b)(3)
							 (Register 2023, No. 24).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17072.12,
								17072.30,
								17074.15,
								17076.10,
								17077.40,
								17077.42
								and
								17077.45,
								Education Code.