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 3.5 - Regulations Relating to Surplus School Property; Use of Proceeds › Section 1700 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the provisions of Education Code
						  Sections
						  17462,
						  17462.3,
						  and
						  17463.7,
						  the terms set forth below shall have the following meanings:
"Apportionment" means a reservation of funds for the
						  purpose of the purchase of real property, modernization of real property, or
						  construction of improvements on real property, that is approved by the Board
						  for a school district, county office of education or Charter School.
"Board" means the State Allocation Board as established
						  by Section
						  15490 of
						  the Government Code.
"Charter School" shall mean a school as established in
						  California pursuant to Education Code Section
						  47600, et
						  seq.
"District Representative" means a member of the school
						  district, county office of education or Charter School staff or other agent
						  authorized on behalf of the school district, county office of education or
						  Charter School to serve as the "District Representative" to execute and file
						  forms with the Board on behalf of the school district, county office of
						  education, or Charter School and/or act as a liaison between the Board and the
						  school district, county office of education or Charter School.
"Form SAB 308" means the
Return of Real
						  Property Sale Proceeds Notification
, Form SAB 308 (New 06/14), which
						  is incorporated by reference.
"Office of Public School Construction (OPSC)" means the
						  State office within the Department of General Services that assists the Board
						  as necessary on behalf of the Director.
"One-time Expenditures" means costs paid by the general
						  funds of a school district that are nonrecurring in nature and do not commit
						  the school district to incur costs in the future, and are exclusive of Ongoing
						  Expenditures.
"Ongoing Expenditures" means costs paid by the general
						  or special funds of a school district in support of employee salaries, benefits
						  and other costs that are associated with ongoing and sustained operations and
						  services except, if approved by the State Allocation Board, a single and
						  one-time payment toward reducing a district's existing unfunded liability for
						  postemployment benefits other than pensions will be considered a one-time
						  expenditure and not an ongoing expenditure if the following conditions are also
						  met:
(1) the unfunded liability was
						incurred prior to January 1, 2007,
(2) the unfunded liability has been
						determined using actuarial measurement methods as defined in Governmental
						Accounting Standards Board Statement 45, and
(3) the payment is consistent with any plan
						made by the district according to Assembly Bill 1802, Chapter 79, Section
						43(a)(6)(A),
						Statutes of 2006 (Committee on Budget), as amended by Senate Bill 1131, Chapter
						371, Statutes of 2006 (Committee on Budget and Fiscal Review), or a similar
						plan adopted by the district's governing board.
"Portable Facility" means a building of one or more
						  stories that is designed and constructed to be relocatable and transportable
						  over public streets, and with respect to a single story portable building, is
						  designed and constructed for relocation without the separation of the roof or
						  floor from the building and when measured at the most exterior walls, has a
						  floor area not in excess of 2,000 square feet.
1. New
						  subgroup 3.5 (section
						  1700) and section filed 8-2-2007;
						  operative 8-2-2007 pursuant to Government Code section
						  11343.4
						  (Register 2007, No. 31).
2. Amendment of definition of "Ongoing
						  Expenditures" filed 12-8-2008; operative 12-8-2008 pursuant to Government Code
						  section
						  11343.4
						  (Register 2008, No. 50).
3. Amendment of section and NOTE filed
						  5-4-2015; operative 7-1-2015 (Register 2015, No. 19).
4. Amendment
						  of first paragraph, definition of "Ongoing Expenditures" and NOTE filed
						  12-9-2020 as an emergency; operative 12-9-2020. Emergency expiration extended
						  60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order
						  N-71-20) (Register 2020, No. 50). A Certificate of Compliance must be
						  transmitted to OAL by 10-5-2021 or emergency language will be repealed by
						  operation of law on the following day.
5. Certificate of Compliance
						  as to 12-9-2020 order transmitted to OAL 6-25-2021 and filed 8-4-2021 (Register
						  2021, No. 32).
Note: Authority cited: Sections
							 17462,
							 17462.3 and
							 17463.7,
							 Education Code; and Section
							 15490,
							 Government Code. Reference: Sections
							 17462,
							 17462.3,
							 17463.7 and
							 17463.8,
							 Education Code.