In the event of 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 Apportionment, as defined in Regulation Section 1859.2, that no longer meets the meaning of Apportionment as defined in Education Code Section 17070.15, and that the 18-month requirement set forth in Education Code Section 17076.10(d) 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 when the balance of the 18-month time period which existed on December 17, 2008 shall resume. Once the Board finds that State bond funds are available for the project, the 18-month requirement set forth in Education Code Section 17076.10(d) shall resume but in no case shall that period of time exceed a total of 18 months while the subject project has an Apportionment. Each project will resume where its originating period of time was suspended, as of December 17, 2008. An Apportionment for projects impacted by this Section is full and final, pursuant to Education Code Section 17070.63.
This regulation section shall become inoperative January 1, 2011.
Cal. Code Regs. Tit. 2, § 1859.96
2. Certificate of Compliance as to 4-9-2009 order transmitted to OAL 9-24-2009 and filed 11-3-2009 (Register 2009, No. 45).
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 A Certificate of Compliance must be transmitted to OAL by 6-21-2010 or emergency language will be repealed by operation of law on the following day.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).
Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17070.35, 17072.30, 17072.32, 17074.16 and 17076.10, Education Code.
2. Certificate of Compliance as to 4-9-2009 order transmitted to OAL 9-24-2009 and filed 11-3-2009 (Register 2009, No. 45).
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 A Certificate of Compliance must be transmitted to OAL by 6-21-2010 or emergency language will be repealed by operation of law on the following day.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).