Cal. Code Regs. Tit. 2, § 1859.148.2 - Inactive Preliminary Apportionments Under a State of California Fiscal Crisis

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.

Notes

Cal. Code Regs. Tit. 2, § 1859.148.2

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 A Certificate of Compliance must be transmitted to OAL by 10-19-2009 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 6-21-2010 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 10-3-2011 or emergency language will be repealed by operation of law on the following day.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.

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).