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 1859.148.2 - Inactive Preliminary Apportionments Under a State of California Fiscal Crisis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event the Board determines there is a fiscal
							 emergency or crisis on the part of the State of California, the Board can make
							 a finding that a project has an Inactive Preliminary Apportionment, as defined
							 in Regulation Section
							 1859.2, that no longer meets the
							 meaning of Preliminary Apportionment as defined in Education Code Section
							 17078.10(c),
							 and that the four-year period with a possible one time one-year extension
							 requirement set forth in Education Code Section
							 17078.25(a) and
							 (b) is therefore suspended as of December 17,
							 2008 and until such time as the Board finds that State bond funds are available
							 for the project, the balance of four-year period with a possible one time
							 one-year extension period which existed on December 17, 2008 shall resume. Once
							 the Board finds that State bond funds are available for the project, the
							 four-year period with a possible one time one-year extension requirement set
							 forth in Education Code Section
							 17078.25(a) and
							 (b) shall resume but in no case shall that
							 period of time exceed a total of four-year period with a possible one time
							 one-year extension while the subject project has a Preliminary Apportionment.
							 Each project will resume where its originating period of time was suspended, as
							 of December 17, 2008.
This regulation section shall become inoperative July
							 1, 2011.
1. New
							 section 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							 or emergency language will be repealed by operation of law on the following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.
2. Certificate of Compliance as to 4-22-2009 order transmitted
							 to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
3.
							 Amendment of last paragraph filed 12-22-2009 as an emergency; operative
							 12-22-2009 (Register 2009, No. 52). A Certificate of Compliance must be
							 transmitted to OAL by 6-21-2010 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 12-22-2009 order transmitted to OAL 3-9-2010 and filed 4-21-2010
							 (Register 2010, No. 17).
5. Amendment of final paragraph filed
							 4-5-2011 as an emergency; operative 4-5-2011 (Register 2011, No. 14). A
							 Certificate of Compliance must be transmitted to OAL by 10-3-2011 or emergency
							 language will be repealed by operation of law on the following
							 day.
6. Certificate of Compliance as to 4-5-2011 order transmitted
							 to OAL 6-10-2011 and filed 7-6-2011 (Register 2011, No.
							 27).
Note: Authority cited: Sections
								17070.35
								and
								17075.15,
								Education Code. Reference: Section
								17078.25,
								Education Code.