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 13 - Critically Overcrowded School Facilities › Section 1859.153 - Preliminary Apportionment Fund Release

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Once the provisions in Section
							 1859.148(a)(1)
							 have been met, a district that meets the following may request an advance
							 release of funds from a Preliminary Apportionment:
(a) A district meets the financial hardship
						  criteria in Section
						  1859.81 is eligible for an amount
						  not to exceed 40 percent of the amount determined in Section
						  1859.145(a), less
						  any funds pursuant to Section
						  1859.145(i) and/or
						  (j).
(b) A district that meets the
						  financial hardship criteria in Section
						  1859.81 is eligible for an amount,
						  not to exceed the Preliminary Apportionment, for site acquisition pursuant to
						  Section 1859.81.1(a), (b) or
						  (c) after submittal of a Form SAB 50-08
						  pursuant to Section
						  1859.141.
(c) A district is eligible for an amount, not
						  to exceed the Preliminary Apportionment, for environmental hardship site
						  acquisition pursuant to Section
						  1859.75.1 after submittal of a Form
						  SAB 50-08 pursuant to Section
						  1859.141.
Qualified districts may request a separate advance
							 release of funds for the design and for the site acquisition for the same
							 project. A district seeking an advance release of funds pursuant to Section
							 1859.153(a) and/or
							 (b) must have been approved and maintained financial hardship status pursuant
							 to Section 1859.81. The OPSC will release
							 State funds included in a Preliminary Apportionment pursuant to (a), (b) or (c)
							 to the district after submittal of the Form SAB 50-05. The OPSC shall not
							 release funds in excess of the Preliminary Apportionment. State funds released
							 from a Preliminary Apportionment pursuant to this Section shall be subject to
							 the provisions in Section
							 1859.148. Once the Preliminary
							 Apportionment is converted to a Final Apportionment pursuant to Section
							 1859.150, the district may request
							 a release of the remaining funds as prescribed in Section
							 1859.90.
1. New
							 section 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.
2. Amendment filed 5-1-2003 as an emergency; operative 5-1-2003
							 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL
							 by 8-29-2003 or emergency language will be repealed by operation of law on the
							 following day.
3. Amendment refiled 8-29-2003 as an emergency;
							 operative 8-29-2003 (Register 2003, No. 35). A Certificate of Compliance must
							 be transmitted to OAL by 12-29-2003 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003
							 (Register 2003, No. 51).
5. Amendment refiled 12-22-2003 as an
							 emergency; operative 12-22-2003 (Register 2003, No. 52). A Certificate of
							 Compliance must be transmitted to OAL by 4-20-2004 or emergency language will
							 be repealed by operation of law on the following day.
6. Certificate
							 of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed
							 5-25-2004 (Register 2004, No. 22).
Note: Authority cited: Sections
								17070.35
								and
								17075.15,
								Education Code. Reference: Sections
								17072.30
								and
								17078.27,
								Education Code.