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California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 3 - Department of General ServicesSubchapter 4 - Office of Public School ConstructionState Allocation BoardRegulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program)
Article 14 - Charter School Facilities Program
Section 1859.164.2 - Preliminary Charter School Apportionment Fund Release

Cal. Code Regs. tit. 2 § 1859.164.2

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1859.164.2 - Preliminary Charter School Apportionment Fund Release

An applicant receiving a Preliminary Charter School Apportionment from the Board after July 2, 2003 may request an advance release of funds for either of the following:

(a) A separate advance release of funds for design equal to 20 percent of the amount determined in Section 1859.163.1(a)(1) through (8) and Section 1859.163.1(c)(1) and (2) or Section 1859.163.5(a)(1) through (6) and Section 1859.163.5(b)(1) and (2).
(b) A separate advance release of funds for site acquisition once the requirements in Section 1859.81.1(a)(2) and (3) are met for an amount not to exceed the Preliminary Charter School Apportionment for site acquisition.

The Board shall release to the applicant an amount up to the Preliminary Charter School Apportionment determined in Section 1859.163.1(b).

Qualified applicants may request a separate advance release of funds for the design and for the site acquisition for the same project. An applicant seeking an advance release of funds pursuant to (a) and/or (b) must have been deemed and maintained financial soundness status from the Authority. Subject to the availability of financing provided by the Pooled Money Investment Board for bond-funded projects, the OPSC will release State funds included in a Preliminary Charter School Apportionment pursuant to (a) or (b) to the applicant after submittal of the Form SAB 50-05. The OPSC shall not release funds in excess of the Preliminary Charter School Apportionment. State funds released from a Preliminary Charter School Apportionment pursuant to this Section shall be subject to the provisions in Section 1859.166. Once the Preliminary Charter School Apportionment is converted to a Final Charter School Apportionment pursuant to Section 1859.167, the applicant may request a release of the remaining funds as prescribed in Section 1859.90 or 1859.90.2. Prior to the release of any funds, the Charter School Agreements must be executed.

Cal. Code Regs. Tit. 2, § 1859.164.2

1. New section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3. Amendment of subsection (a) filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
5. Amendment of section and NOTE filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
6. Amendment of subsection (b) 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.
7. Certificate of Compliance as to 4-22-2009 order transmitted to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
8. Amendment of last paragraph 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.
9. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
10. Amendment filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
11. Editorial correction of subsection (b) (Register 2015, No. 52).
12. Amendment of subsection (a) filed 12-23-2015; operative 12-23-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).

Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Sections 17078.53 and 17078.58, Education Code.

1. New section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3. Amendment of subsection (a) filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
5. Amendment of section and Note filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
6. Amendment of subsection (b) 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.
7. Certificate of Compliance as to 4-22-2009 order transmitted to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
8. Amendment of last paragraph 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.
9. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
10. Amendment filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
11. Editorial correction of subsection (b) (Register 2015, No. 52).
12. Amendment of subsection (a) filed 12-23-2015; operative 12/23/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).