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 1859.95 - Acceptance of Applications When Funding Is Unavailable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Section shall not apply to Approved Applications
							 submitted to the OPSC on or after the effective date of Section
							 1859.95.1.
When the Board has no funds to apportion or the
							 application does not qualify for funding because of the Board's priority point
							 mechanism pursuant to Sections
							 1859.91 and
							 1859.92, the Board will continue to
							 accept and process applications for eligibility determination, with the
							 exception of applications that include a request for review of an Alternative
							 Enrollment Projection method. The Board will also accept and process
							 applications for apportionment for purposes of developing an Unfunded List
							 based on the date the application is Ready for Apportionment, with the
							 exception of New Construction funding applications that utilize eligibility
							 generated by the Alternative Enrollment Projection.
The Board will return any applications for the review
							 of the Alternative Enrollment Projection method and New Construction
							 applications that utilize eligibility generated by the Alternative Enrollment
							 Projection once the funding apportioned for these projects reaches $500 million
							 or the Board has no funds to apportion from the Kindergarten-University Public
							 Education Facilities Bond Act of 2004.
If either the Executive Officer of the Board, the
							 State Architect, the Director of School Facilities Planning Division within the
							 CDE or the Chief of the School Property Evaluation and Cleanup Division within
							 the Department of Toxic Substances Control certify to the OPSC that the
							 district's application was delayed for a specified number of calendar days in
							 relation to other similar applications submitted to that agency at the same
							 time, the application may, at the discretion of the Board, receive a date on
							 the Unfunded List or receive funding pursuant to Section
							 1859.91 based on the date the
							 application is Ready for Apportionment, adjusted back in time for the number of
							 calendar days the application was delayed.
Applications for New Construction Adjusted Grants for
							 a project where the site was apportioned pursuant to Section
							 1859.75.1 shall receive a date on
							 the Unfunded List based on the date the environmental hardship site
							 apportionment was made for the project.
With the exception of financial hardship eligibility,
							 a district with an application included on an Unfunded List shall not be
							 required to re-establish eligibility for that application prior to
							 apportionment.
An application for funding included on an Unfunded
							 List is eligible for reimbursement subject to adjustments in the New
							 Construction Grants amount pursuant to Section
							 1859.77.
1. New
							 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 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 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 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 section and NOTE 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.
7. Certificate of Compliance as to 1-2-2001 order transmitted
							 to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
8.
							 Amendment of first paragraph filed 8-13-2001; operative 8-13-2001 pursuant to
							 Government Code section
							 11343.4
							 (Register 2001, No. 33).
9. Amendment filed 5-2-2002; operative
							 6-1-2002 (Register 2002, No. 18).
10. Amendment of first paragraph,
							 new second paragraph and amendment of NOTE 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.
11. Certificate of Compliance
							 as to 5-15-2006 order transmitted to OAL 7-19-2006 and filed 8-11-2006
							 (Register 2006, No. 32).
12. New first paragraph filed 11-1-2012 as
							 an emergency; operative 11-1-2012 (Register 2012, No. 44). A Certificate of
							 Compliance must be transmitted to OAL by 4-30-2013 or emergency language will
							 be repealed by operation of law on the following day.
13.
							 Certificate of Compliance as to 11-1-2012 order transmitted to OAL 1-30-2013
							 and filed 3-11-2013 (Register 2013, No. 11).
Note: Authority cited: Sections
								17070.35
								and
								17072.25,
								Education Code. Reference: Sections
								17070.35
								and
								17071.75,
								Education Code.