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 11 - REGULATIONS RELATING TO THE LEROY F. GREENE STATE SCHOOL BUILDING LEASE-PURCHASE LAW OF 1976 › Article 5 - PROJECT APPROVALS AND LEASE-PURCHASE AGREEMENTS › Section 1865.50 - Approval of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may approve in whole or in part any
							 application submitted pursuant to the Act. Upon receipt of the application, the
							 executive officer shall review it for proper form and compliance with statutes
							 and regulations of the board. After such review and any necessary corrections,
							 the executive officer shall present the application to the board with
							 recommendations, in whole or in such part as will satisfy the board's policy of
							 approving funds for feasibility studies, site acquisition and/or preparing
							 plans and specifications, and project construction in separate increments,
							 whereupon the board shall consider the application provided it (the
							 application) has sufficient priority to warrant such consideration. If the
							 application meets with the board's approval, it shall grant its approval and
							 shall make an apportionment for the financing of the project from any sources
							 available for such purposes. The apportionment shall be conditioned upon the
							 district subsequently entering into a lease-purchase agreement with the state.
							 After such approval and apportionment of funds, the executive officer of the
							 board shall authorize the district, as the agent of the board, to perform all
							 acts necessary to effectively complete the particular phase of the approved
							 project. Such authorization shall be specifically set forth in writing to the
							 district and shall be conditioned upon the district having entered into or
							 subsequently entering into a lease-purchase agreement with the board either in
							 the form of (1) a lease-purchase for feasibility studies, (2) the
							 lease-purchase of a site and/or plans, or (3) the lease-purchase of an entire
							 project. Failure on the part of the district to enter into such agreement shall
							 invalidate such authorization, and any obligations incurred as a result thereof
							 shall become the sole responsibility of the district. Upon receipt of
							 successive phases of the project, the executive officer shall have the
							 authority to amend the project budget within the apportionment so made or to
							 reduce the total apportionment to conform to the project as bid. The executive
							 officer is authorized to enter into a lease-purchase agreement or agreements
							 with the district on behalf of the board.
1.
							 Amendment filed 3-17-80 as an emergency; effective upon filing (Register 80,
							 No. 12). A Certificate of Compliance must be transmitted to OAH within 120 days
							 or emergency language will be repealed on 7-16-80.
2. Certificate of
							 Compliance including amendment filed 6-26-80 (Register 80, No.
							 26).
Note: Authority cited: Section
								17705,
								Education Code. Reference: Sections
								17700-
								17749,
								Education Code.