Section 1839 - Disposition of Replaced Facilities(a) Property, real or personal, replaced through an apportionment shall be disposed of pursuant to these regulations in a manner approved by the Executive Officer and the net proceeds therefrom contributed as a reduction of any apportionment pursuant to Education Code Section 16012.(b) For the purposes of Education Code Section 16012, "disposed of" is defined as one of the following: (1) Sale to others of replaced real property and buildings thereon at market value.(2) Demolition of the buildings, where no real property has been replaced.(3) Sale to others at market value of the buildings and physical removal from the site, where no real property has been replaced.(4) Conversion of the use of the building to other than a "school building" as set forth in Section 39214 or conversion to a recreational or community use or which the building is not a "school building" as defined by Section 39141. Such conversion may be approved by the Executive Officer only upon contribution by the district of a sum to be applied as a reduction of the apportionment of not less than $1.00 for each square foot of building area so converted plus the fair market value of any replaced property to be retained with the building. Any building so converted shall have posted in a conspicuous place on such building, a public notice stating that such building does not meet the structural standards imposed by law for earthquake safety for a school building.(5) Physical conversion of the building to a school building by reconstruction or alteration pursuant to the requirements of the Field Act, Article 3, Chapter 2, Part 23, Division 3, Title 2 of the Education Code (commencing with Section 39140).(c) Any school district which has received an apportionment for he replacement of a school building or real property and has not submitted a plan acceptable to the Executive Officer for disposition of such replaced property within 2 years of such apportionment or by June 30, 1976, whichever occurs later, shall be deemed to have elected to dispose of such replaced property pursuant to Regulation 1839(b)(4), unless the State Allocation Board deems otherwise, and shall be required to contribute as a reduction of its apportionment the sum to be computed by that regulation.Cal. Code Regs. Tit. 2, § 1839
1. New section filed 3-21-75 as an emergency; designated effective 4-1-75 (Register 75, No. 12).
2. Certificate of Compliance filed 7-3-75 (Register 75, No. 27).
3. Amendment filed 4-30-76; effective thirtieth day thereafter (Register 76, No. 18).
4. Amendment of subsections (a) and (b) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). Note: Authority cited: Section 16009, Education Code. Reference: Section 16012, Education Code.
1. New section filed 3-21-75 as an emergency; designated effective 4-1-75 (Register 75, No. 12).
2. Certificate of Compliance filed 7-3-75 (Register 75, No. 27).
3. Amendment filed 4-30-76; effective thirtieth day thereafter (Register 76, No. 18).
4. Amendment of subsections (a) and (b) and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).