Statutes, codes, and regulations
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 16 - Career Technical Education Facilities Program
Section 1859.197 - Fund Release Process

Cal. Code Regs. tit. 2 § 1859.197

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1859.197 - Fund Release Process

The OPSC will release State funds that have been apportioned by the Board pursuant to Sections 1859.195 and 1859.196 after submittal by the applicant of the Form SAB 50-05.

(a) If an Apportionment was made for a Career Technical Education Facilities Project, the applicant must submit a Form SAB 50-05 within 18 months of the Apportionment as outlined in Education Code Section 17076.10 or the Apportionment shall be rescinded without further Board action.
(b) If Career Technical Education Facilities funds were reserved for the applicant pursuant to Section 1859.193(d) of these Regulations, the applicant:
(1) Has one year from the date of Apportionment to submit the CDE plan approval and DSA-approved plans and specifications, as required, to the OPSC for the Career Technical Education Facilities Project, otherwise the Apportionment shall be rescinded without further Board action.
(2) Has 18 months from the date the CDE plan approval and DSA-approved plans and specifications, as needed, are submitted to the OPSC to submit a completed Form SAB 50-05 or the Apportionment shall be rescinded without further Board action. If the district is requesting an Apportionment pursuant to Section 1859.90.1 or 1859.90.2, the Board will require that this time limit be reduced to no more than 90 days from the date of the Apportionment.
(c) For an Apportionment received pursuant to Section 1859.90.2 where submittal of the necessary CDE plan approval and/or DSA-approved plans and specifications were not required at the time the Board granted an unfunded approval, then the applicant:
(1) Has up to 12 months to submit the required approvals from the date of Apportionment. If the required submittal(s) is not received within 12 months, the Apportionment shall be rescinded without further Board action and the Career Technical Education Facilities bond authority will return to the program for reallocation.
(2) The submittal date in (c)(1) shall start the 90-calendar-day fund release process in Section 1859.90.2.
(d) If the applicant requires a loan for the entire matching share requirement pursuant to Section 1859.194(b) of these Regulations:
(1) Subject to the availability of financing provided by the Pooled Money Investment Board for bond-funded projects, the OPSC will release ten percent of the Career Technical Education Facilities grant to the applicant within 30 calendar days of the Apportionment.
(2) The applicant has one year from the date of Apportionment to submit the CDE plan approval and DSA-approved plans and specifications, as required, to the OPSC for the Career Technical Education Facilities Project, otherwise the Apportionment shall be rescinded without further Board action.
(3) The applicant has 18 months from the date in (d)(2) to submit a completed Form SAB 50-05 or the Apportionment shall be rescinded without further Board action.
(e) If the district is requesting an Apportionment pursuant to Section 1859.90.1 or 1859.90.2 and if the district is requesting funding as prescribed in Section 1859.71.6 or Section 1859.77.4, as applicable, then the district must submit the necessary approvals from the DSA and/or the CDE, as applicable, at least 90 days prior to requesting an Apportionment.
(f) If the district receives an Apportionment pursuant to (a) or (b) and if the district is requesting funding as prescribed in Section 1859.71.6 or Section 1859.77.4, as applicable, then the district must submit the necessary approvals from the DSA and/or the CDE, as applicable, at least 90 days prior to receiving an Apportionment.
(g) The applicant is subject to substantial progress time limit on the Apportionment as outlined in Education Code Section 17076.10(b).
(h) In the event the Board determines there is a fiscal emergency or crisis on the part of the State of California, the Board may grant an extension not to exceed 12 months to the time period prescribed in (b)(1) and (d)(2) above and Section 1859.193(d). Regulation Section 1859.197(h) shall become inoperative January 1, 2010.

Cal. Code Regs. Tit. 2, § 1859.197

1. New section filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of HISTORY 1 (Register 2007, No. 52).
3. Certificate of Compliance as to 7-13-2007 order, including amendment of first paragraph, transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
4. Amendment of subsection (c)(1) 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.
5. Amendment of subsection (c)(1) and new subsection (e) filed 4-30-2009 as an emergency; operative 4-30-2009 (Register 2009, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-27-2009 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-22-2009 order transmitted to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
7. Certificate of Compliance as to 4-30-2009 order transmitted to OAL 10-6-2009 and filed 11-16-2009 (Register 2009, No. 47).
8. Amendment of subsection (b)(2) filed 6-24-2010 as an emergency; operative 6-24-2010 (Register 2010, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2010 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (b)(2) 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.
10. Certificate of Compliance as to 6-24-2010 order transmitted to OAL 11-1-2010 and filed 12-16-2010 (Register 2010, No. 51).
11. Certificate of Compliance as to 10-29-2010 order transmitted to OAL 3-10-2011 and filed 4-21-2011 (Register 2011, No. 16).
12. New subsections (d) and (e), subsection relettering, amendment of newly designated subsection (g) and amendment of NOTE filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
13. Amendment filed 8-19-2014; operative 10-1-2014 (Register 2014, No. 34).

Note: Authority cited: Sections 17070.35, 17078.72(k) and 17078.72(l), Education Code. Reference: Sections 17078.72 and 17076.10, Education Code.

1. New section filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2007, No. 52).
3. Certificate of Compliance as to 7-13-2007 order, including amendment of first paragraph, transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
4. Amendment of subsection (c)(1) 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.
5. Amendment of subsection (c)(1) and new subsection (e) filed 4-30-2009 as an emergency; operative 4-30-2009 (Register 2009, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-27-2009 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-22-2009 order transmitted to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
7. Certificate of Compliance as to 4-30-2009 order transmitted to OAL 10-6-2009 and filed 11-16-2009 (Register 2009, No. 47).
8. Amendment of subsection (b)(2) filed 6-24-2010 as an emergency; operative 6-24-2010 (Register 2010, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2010 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (b)(2) 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.
10. Certificate of Compliance as to 6-24-2010 order transmitted to OAL 11-1-2010 and filed 12-16-2010 (Register 2010, No. 51).
11. Certificate of Compliance as to 10-29-2010 order transmitted to OAL 3-10-2011 and filed 4-21-2011 (Register 2011, No. 16).
12. New subsections (d) and (e), subsection relettering, amendment of newly designated subsection (g) and amendment of Note filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
13. Amendment filed 8-19-2014; operative 10/1/2014 (Register 2014, No. 34).