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 14 - Charter School Facilities Program › Section 1859.163.3 - Establishment of Funds for Relocation/DTSC Fee and Hazardous Material/Waste Removal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For Preliminary Charter School Apportionments awarded
							 on February 23, 2005, the Board shall establish two separate funds from the
							 funding provided through the 2004 Bond for the site acquisition values
							 calculated pursuant to costs provided in Section
							 1859.163.2(b) and
							 (d) that will not be part of the Preliminary
							 Charter School Apportionment determined in Section
							 1859.163.1. The amount to reserve
							 for the funds will be determined as follows:
Relocation/DTSC Fee Fund
(a) For all projects requesting an additional
						  grant for relocation and DTSC costs on the Form SAB 50-09 pursuant to Section
						  1859.163.2(b), the
						  value of each property as determined in Section
						  1859.163.2(a) will
						  be added. The sum would then be multiplied by 15 percent. The product would
						  provide the dollar value to be reserved, but shall not be less than $2.75
						  million.
Hazardous Material/Waste Removal
							 Fund
(b) For all projects
						  requesting an additional grant for hazardous material/waste removal and
						  remediation costs provided pursuant to Section
						  1859.163.2(d), the
						  value of each property as determined in Section
						  1859.163.2(a) will
						  be added. The sum would then be multiplied by 10 percent. The product would
						  provide the dollar value to be reserved, but shall not be less than $2.5
						  million.
Any Charter School that received a Preliminary
							 Charter School Apportionment on February 23, 2005 that is requesting a Final
							 Charter School Apportionment may request the funding provided in (a) and/or (b)
							 above when the Form SAB 50-04 is submitted. At the time of Final Charter School
							 Apportionment, should insufficient funds remain in either the Relocation/DTSC
							 Fee Fund or Hazardous Material/Waste Removal Fund to fully apportion those site
							 acquisition costs, any amount not apportioned by the Board for relocation, DTSC
							 fees, or hazardous material waste removal or remediation shall be placed on an
							 Unfunded List in Board date approval order. Any funds returned to the
							 Unrestricted Charter School Fund pursuant to Section
							 1859.167(b) shall
							 be used by the Board to fund projects remaining on the Unfunded
							 List.
1. New
							 section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No.
							 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 6-1-2004 order, including
							 amendment of subsection (b), transmitted to OAL 9-29-2004 and filed 11-10-2004
							 (Register 2004, No. 46).
3. Amendment of first and last paragraphs
							 filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section
							 11343.4
							 (Register 2007, No. 20).
4. Amendment of first and last paragraphs
							 filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section
							 11343.4
							 (Register 2007, No. 40).
Note: Authority cited: Sections
								17070.35
								and
								17078.64,
								Education Code. Reference: Section
								17078.56,
								Education Code.