Cal. Code Regs. tit. 2 § 1859.95.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1859.95.1 - Applications Received When Bond Authority Is Unavailable

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).

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.