This section applies to Applications for funding for
new construction, modernization, Overcrowding Relief Grant, Career Technical
Education Facilities Program, Facility Hardship pursuant to Sections
1859.82.1 and
1859.82.2, and Charter School
Facilities Program, excluding advance release of design and/or site acquisition
funds from a Preliminary Charter School Apportionment.
(a) For each Application on the Unfunded List
(Lack of AB 55 Loans) for new construction, modernization, Facility Hardship
pursuant to Sections
1859.82.1 or
1859.82.2, the occurrences of (1)
or (2) below shall be limited after the effective date of this regulation
section [March 25, 2013]. For each Application on the Unfunded List (Lack of AB
55 Loans) for Overcrowding Relief Grant, Career Technical Education Facilities
Program, and Charter School Facilities Program, excluding advance release of
design and/or site acquisition funds from a Preliminary Charter School
Apportionment, the occurrences of (1) or (2) below shall be limited after the
effective date of this regulation section [October 1, 2014]:
(1) The district abstains from participating
in a priority funding 30-calendar day filing period described in Section
1859.90.2 for the Application on
the Unfunded List (Lack of AB 55 Loans).
(2) The Application receives a priority
funding Apportionment pursuant to Section
1859.90.2(a), and
the district fails to meet the fund release requirements pursuant to Section
1859.90.2(c).
(b) The first occurrence of (a)(1) or (a)(2)
shall result in the following, as applicable:
(1) If (a)(1) occurs, the Application shall
retain its place on the Unfunded List (Lack of AB 55 Loans).
(2) If (a)(2) occurs, the priority funding
Apportionment shall be rescinded and the Application shall be returned to the
Unfunded List (Lack of AB 55 Loans) pursuant to Section
1859.90.2(c)(2).
(c) If subsection(b) has occurred, a
subsequent occurrence of either (a)(1) or (a)(2) shall result in the rescission
of the Application's Apportionment and/or unfunded approval, as applicable, and
the removal of the Application from the Unfunded List (Lack of AB 55 Loans)
without further Board action. The Application shall be returned to the
applicant.
(d) For purposes of
subsection (c), "rescinded" or "rescission" of an unfunded approval shall mean
that the bond authority associated with the Apportionment or unfunded approval,
as applicable, returns to the appropriate School Facility Program bond
authority source for reallocation. If applicable, the pupils housed in the
project will be added back to the district's baseline eligibility pursuant to
Sections
1859.51(d) for new
construction or 1859.61(d) for modernization.
Notes
Cal. Code Regs. Tit. 2, §
1859.90.3
1.
Renumbering of former section
1859.90.2 to new section
1859.90.3 filed 10-29-2010 as an
emergency; operative 10-29-2010 (Register 2010, No. 44). A Certificate of
Compliance must be transmitted to OAL by 4-27-2011 or emergency language will
be repealed by operation of law on the following day.
2. Certificate
of Compliance as to 10-29-2010 order transmitted to OAL 3-10-2011 and filed
4-21-2011 (Register 2011, No. 16).
3. Renumbering of former
subsection 1859.90.3 to new section
1859.90.4 and new section
1859.90.3 filed 3-25-2013 as an
emergency; operative 3-25-2013 (Register 2013, No. 13). A Certificate of
Compliance must be transmitted to OAL by 9-23-2013 or emergency language will
be repealed by operation of law on the following day.
4. Certificate
of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed
8-23-2013 (Register 2013, No. 34).
5. Amendment filed 8-19-2014;
operative 10-1-2014 (Register 2014, No. 34).
6. Amendment of first
paragraph and subsection (a) filed 8-31-2020 as an emergency; operative
8-31-2020 (Register 2020, No. 36). Emergency expiration extended 60 days
(Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20).
A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or
emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 8-30-2020 order transmitted
to OAL 5-5-2021 and filed 6-16-2021 (Register 2021, No.
25).
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17072.12,
17072.30,
17074.16
and
17076.10,
Education Code.
1. Renumbering of
former section 1859.90.2 to new section 1859.90.3 filed 10-29-2010 as an
emergency; operative 10-29-2010 (Register 2010, No. 44). A Certificate of
Compliance must be transmitted to OAL by 4-27-2011 or emergency language will
be repealed by operation of law on the following day.
2. Certificate
of Compliance as to 10-29-2010 order transmitted to OAL 3-10-2011 and filed
4-21-2011 (Register 2011, No. 16).
3. Renumbering of former
subsection 1859.90.3 to new section 1859.90.4 and new section 1859.90.3 filed
3-25-2013 as an emergency; operative 3-25-2013 (Register 2013, No. 13). A
Certificate of Compliance must be transmitted to OAL by 9-23-2013 or emergency
language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 3-25-2013 order transmitted
to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
5.
Amendment filed 8-19-2014; operative 10/1/2014 (Register
2014, No. 34).
6. Amendment of first paragraph and
subsection (a) filed 8-31-2020 as an emergency; operative
8/31/2020
(Register
2020, No. 36). Emergency expiration extended 60 days (Executive
Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A
Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency
language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 8-30-2020 order transmitted
to OAL 5-5-2021 and filed 6/16/2021 (Register
2021, No. 25).