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 9 - SCHOOL HOUSING AID FOR REHABILITATION AND REPLACEMENT OF STRUCTURALLY INADEQUATE SCHOOL FACILITIES › Article 1 - DEFINITIONS › Section 1863.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In connection
						  with the administration of the provisions of Article 9, Chapter 8, Part 10,
						  Division 1, Education Code, and for the purposes of these regulations, the
						  terms set forth below shall have the following meanings:
(1) The Act. Article 9, Chapter 8, Part 10,
						  Division 1, Education Code.
(2)
						  Application. A request for an apportionment for a specific purpose, or
						  purposes, as provided by the Act and these regulations, on forms prescribed by
						  the State Allocation Board, properly executed, together with such other
						  information as may be required.
(3)
						  Apportionment or Conditional Apportionment. Amount of State funds apportioned
						  by the Board for purposes o the application. This amount is based on the
						  formula in Section
						  16330 of
						  the Education Code. The ratio of State and district matching funds will remain
						  fixed for all apportionments for each application as the ratio established when
						  the application is approved.
(4)
						  Assessed Valuation. For the purposes of determining the basic computed State
						  matching ratio of assistance under Section
						  16330, the modified assessed
						  valuation for the preceding fiscal year as determined in accordance with
						  Sections 41200, et seq. of the Education
						  Code.
(5) Authorized Agent. An
						  official or staff member of the school district or the office of the county
						  superintendent of schools appointed and authorized by resolution of the
						  governing board of the school district to represent that body in all matters
						  pertaining to the Act other than those requiring action by the governing board
						  of the school district.
(6) Board.
						  The State Allocation Board.
(7)
						  District. An applicant school district.
(8) Executive Officer. The Executive Officer
						  of the State Allocation Board.
(9)
						  Facility. All or a portion of any parcel of land, on or off-site improvement,
						  utility, building or other building area, or furniture and equipment.
(10) Project. The purpose or purposes for
						  which a school district has applied for an apportionment or apportionments
						  under the provisions of the Act.
(11) Replacement. The acquisition or
						  construction of a facility or facilities through an apportionment to replace
						  all or a portion of a substandard school.
(12) Rehabilitation. The reconstruction,
						  renovation, alteration and/or conversion of a substandard building.
(13) Sections. All sections referred to
						  herein, unless the context indicates otherwise, shall be deemed to refer to
						  sections of the Education Code.
(14) Substandard Building. A school building
						  which, pursuant to a determination made by the Board, does not comply with the
						  provisions of the Field Act (Sections
						  39140
						  through
						  39156,
						  Education Code) and constitutes a threat to the safety of those using the
						  facility because of structural instability.
(15) Grade Level. For the purposes of Section
						  16330, the grade level of a project
						  application made by a high school district, including any project which
						  contains grades 7 and 8, shall be deemed to be the high school grade level. The
						  grade level of a project application made by an elementary school district,
						  including any project which contains grades 7 and 8, shall be deemed to be the
						  elementary grade level. The grade level of a project application made by a
						  unified district shall be deemed to be the high school grade level for any
						  project which includes grades 7 or 8 and any grades above, or the elementary
						  school grade level if it contains any combination of grades below grade
						  9.
(16) Grade Level for the
						  Purposes of Repayment Under Section
						  16335.2 The grade level for which
						  an application is made, as defined in Subsection (15) preceding, and for which
						  an apportionment is received, shall also be deemed to be the grade level
						  operated by the district, within the meaning of Section
						  16335.
(17) "Expended" Funds Derived by Applicant
						  From Taxes Levied under Section
						  39230. If a school district has
						  been an applicant under Article 9 of Chapter 8 of Part 10 of the Education Code
						  and has levied taxes pursuant to Section
						  39230 for the purpose of matching
						  apportionments under said Article by the State Allocation Board, such funds
						  shall be deemed to have been "expended" within the meaning of Section
						  39233, though not actually
						  disbursed, so as not to require, pursuant to Subsection
						  39233(b), their
						  application to reduce any outstanding Article 9 apportionments to the district
						  where:
(i) Such funds are held or encumbered
						  by the district for the purpose of discharging obligations under contracts
						  entered or to be entered into for projects for which the board has already made
						  an apportionment under Article 9, or
(ii) Such funds have been earmarked by the
						  district, by resolution or other action thereof, for use for a project eligible
						  for an apportionment to the district under Article 9, whether by virtue of
						  Section 16330.5 or any other section of
						  said Article, taking into consideration the district's allowable new building
						  construction area under Article 9 and the cost standards of the board pursuant
						  thereto.