(a) A Preliminary Apportionment not converted
or requested to be converted to a Final Apportionment shall be rescinded:
(1) After one year from the date the
Preliminary Apportionment was made unless the CDE has determined:
(A) There is at least one approvable site for
the project within the General Location; and,
(B) The General Location of the proposed
school will serve the Qualifying Pupils assigned to the Preliminary
Application.
(2) After
four years from the date the Preliminary Apportionment was made unless the
district received approval of an extension pursuant to Section
1859.148.1.
(3) After five years from the date the
Preliminary Apportionment was made if the district qualified for an extension
pursuant to Section
1859.148.1.
(b) If a Preliminary Apportionment that did
not have an advance release of funds pursuant to Section
1859.153 is rescinded, the
following will occur:
(1) The SFP new
construction baseline eligibility will be increased for the pupils assigned to
the Preliminary Application not previously included in an apportionment
pursuant to Section
1859.81.1(e). The
previous design only apportionment, prior to November 5, 2002, shall be reduced
to cost incurred with a corresponding SFP new construction baseline eligibility
adjustment and closeout pursuant to Section
1859.106.
(2) The Qualifying Pupil baseline eligibility
will be increased by the Qualifying Pupils assigned to meet the 75 percent
requirement in Section
1859.142(c) of the
Preliminary Application.
(3) Any
Preliminary Apportionment rescinded is subject to accountability pursuant to
Section
1859.154(c).
(4) The district may request funding for the
proposed project again, without restriction under any SFP Program, provided the
project meets the eligible criteria of that specific program. Re-submittal of
the funding request may occur as follows:
(A)
If the project was rescinded pursuant to (a)(1) or (a)(3), anytime after the
Preliminary Apportionment is rescinded.
(B) If the project was rescinded pursuant to
(a)(2) and the final plans for the project are not complete within four years
of the Preliminary Apportionment, anytime after the Preliminary Apportionment
is rescinded.
(C) If the project
was rescinded pursuant to (a)(2) and the final plans for the project were
completed within four years after the Preliminary Apportionment, anytime after
a period of five years from the date of the Preliminary
Apportionment.
(5) The
Preliminary Apportionment shall be transferred to the Unrestricted Fund within
the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities
Account.
(c) If a
Preliminary Apportionment that had an advance release of funds as provided in
Section
1859.153 and/or an apportionment
pursuant to Section
1859.81.1(e) prior
to November 5, 2002, is rescinded pursuant to (a)(2) or (a)(3), the following
will occur:
(1) The remaining Preliminary
Apportionment, not released to the district, shall be transferred to the
Unrestricted Fund within the 2002 (or 2004, as appropriate) Critically
Overcrowded School Facilities Account.
(2) Funds released pursuant to Sections
1859.81.1(e) and
1859.153 shall be reduced to cost
incurred and closeout pursuant to Section
1859.106 with a corresponding SFP
new construction baseline eligibility adjustment for the pupils assigned to the
Preliminary Application. Funds returned pursuant to Section
1859.106 shall be transferred to
the Unrestricted Fund within the 2002 (or 2004, as appropriate) Critically
Overcrowded School Facilities Account.
(3) The Qualifying Pupil baseline eligibility
will be adjusted proportionately to the adjustment in (c)(2) and maintain the
ratio of the SFP New Construction Eligibility to Qualifying Pupils assigned to
meet the requirements in Section
1859.142(c) of the
Preliminary Application.
(4) Any
Preliminary Apportionment rescinded is subject to accountability pursuant to
Section
1859.154(c).
(5) The district may request funding for the
proposed project again, in accordance with (b)(4), provided this rescinded
Preliminary Apportionment is disclosed.
Should the district not submit Form SAB 50-04
pursuant to Section
1859.150 within the time limits of
this Section, the district must report the final expenditures on the project on
the Form SAB 50-06 to the OPSC within 30 days of the OPSC notification. If the
expenditure report for funds released pursuant to Section
1859.153(a), (b)
and/or (c) is not received within the 30-day period, the OPSC will recommend
that the Preliminary Apportionment be rescinded and any interest earned on
State funds be returned to the State.
Notes
Cal. Code Regs. Tit. 2, §
1859.148
1. New
section filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002,
No. 45). Pursuant to Education Code section
17070.35 a
Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
language will be repealed by operation of law on the following
day.
2. Amendment of subsections (b), (b)(1), (b)(3) and (b)(4)(C)
and new subsections (b)(5)-(c)(5) filed 5-1-2003 as an emergency; operative
5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be
transmitted to OAL by 8-29-2003 or emergency language will be repealed by
operation of law on the following day.
3. Amendment of subsections
(b), (b)(1), (b)(3) and (b)(4)(C) and new subsections (b)(5)-(c)(5) refiled
8-29-2003 as an emergency; operative 8-29-2003 (Register 2003, No. 35). A
Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency
language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 11-4-2002 order transmitted
to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
5.
Amendment of subsections (b), (b)(1), (b)(3) and (b)(4)(C) and new subsections
(b)(5)-(c)(5) refiled 12-22-2003 as an emergency; operative 12-22-2003
(Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL
by 4-20-2004 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 12-22-2003 order
transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No.
22).
Note: Authority cited: Sections
17070.35
and
17075.15,
Education Code. Reference: Sections
17078.22
and
17078.25,
Education Code.
1. New section
filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45).
Pursuant to Education Code section
17070.35 a
Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
language will be repealed by operation of law on the following day.
2. Amendment of subsections (b), (b)(1), (b)(3) and (b)(4)(C) and new
subsections (b)(5)-(c)(5) filed 5-1-2003 as an emergency; operative 5-1-2003
(Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL
by 8-29-2003 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsections (b), (b)(1), (b)(3) and
(b)(4)(C) and new subsections (b)(5)-(c)(5) refiled 8-29-2003 as an emergency;
operative 8-29-2003 (Register 2003, No. 35). A Certificate of Compliance must
be transmitted to OAL by 12-29-2003 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance
as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003
(Register 2003, No. 51).
5. Amendment of subsections (b), (b)(1),
(b)(3) and (b)(4)(C) and new subsections (b)(5)-(c)(5) refiled 12-22-2003 as an
emergency; operative 12-22-2003 (Register 2003, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-20-2004 or emergency language will
be repealed by operation of law on the following day.
6.
Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004
and filed 5-25-2004 (Register 2004, No.
22).