This Section shall not apply to Approved Application
for Joint-Use Funding, Approved Application for Career Technical Education
Facilities Project Funding, a Form SAB 50-04 submitted for Critically
Overcrowded Schools Facilities funding, (commencing with Section
1859.140), Charter School
Facilities Program funding (commencing with Section
1859.160), or for Overcrowding
Relief Grants.
(a) When the Board has
Insufficient Bond Authority to apportion the School District's funding request
on the Form SAB 50-04, the following will apply:
(1) The Office of Public School Construction
(OPSC) will receive and determine if the Form SAB 50-04 is an Approved
Application. To be placed on the Applications Received Beyond Bond Authority
List, the Approved Application for funding shall be accompanied by a school
board resolution, as specified in paragraph (b) of this Section. The OPSC will
not determine if the Approved Application is Ready for Apportionment.
(2) A School District seeking financial
hardship funding will not be required to submit a financial hardship status
preapproval request pursuant to Section
1859.81. The OPSC will not process
requests for financial hardship status. The School District may continue to
submit the Form SAB 50-04 pursuant to (a)(1).
(b) A resolution from the governing board of
the school district shall be submitted with the Form SAB 50-04 prior to the
Approved Application being placed on the Applications Received Beyond Bond
Authority List, pursuant to paragraph (a) of this Regulation. A School
District's governing board resolution shall include paragraphs (b)(1) through
(b)(5) or, if applying for financial hardship funding, paragraphs (b)(1)
through (b)(6).
(1) The school board
acknowledges that the remaining School Facility Program bond authority is
currently exhausted for the funds being requested on this
application.
(2) The school board
acknowledges that the State of California is not expected nor obligated to
provide funding for the project and the acceptance of the application does not
provide a guarantee of future State funding.
(3) The school board acknowledges that any
potential future State bond measures for the School Facility Program may not
provide funds for the application being submitted.
(4) The school board acknowledges that
criteria (including, but not limited to, funding, qualifications, and
eligibility) under a future State school facilities program may be
substantially different than the current School Facility Program. The
district's Approved Application may be returned.
(5) The school board acknowledges that they
are electing to commence any pre-construction or construction activities at the
district's discretion and that the State is not responsible for any
pre-construction or construction activities.
(6) The school board acknowledges that, if
bond authority becomes available for the Board to provide funding for the
submitted application, the School District must apply for financial hardship
status.
(c) The OPSC will
continue to receive and determine if the Forms SAB 50-01, 50-02, and 50-03 are
Approved Applications. The OPSC will not determine if the Approved Application
is Ready for Apportionment. This Regulation Section does not constitute
notification from the Board pursuant to Government Code Section
65995.5(b)(1).
Notes
Cal.
Code Regs. Tit. 2, §
1859.95.1
1. New
section filed 11-1-2012 as an emergency; operative 11-1-2012 (Register 2012,
No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2013 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 11-1-2012 order transmitted
to OAL 1-30-2013 and filed 3-11-2013 (Register 2013, No.
11).
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17070.35,
17070.40,
17072.20
and
17073.10,
Education Code.
1. New section
filed 11-1-2012 as an emergency; operative 11-1-2012 (Register 2012, No. 44). A
Certificate of Compliance must be transmitted to OAL by 4-30-2013 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-1-2012 order transmitted to OAL 1-30-2013
and filed 3-11-2013 (Register 2013, No.
11).