Cal. Code Regs. tit. 2 § 1859.90.3

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1859.90.3 - Participation in the Priority Funding Process

This section applies to Applications for funding for new construction, modernization, Overcrowding Relief Grant, Career Technical Education Facilities Program, Facility Hardship pursuant to Sections 1859.82.1 and 1859.82.2, and Charter School Facilities Program, excluding advance release of design and/or site acquisition funds from a Preliminary Charter School Apportionment.

(a) For each Application on the Unfunded List (Lack of AB 55 Loans) for new construction, modernization, Facility Hardship pursuant to Sections 1859.82.1 or 1859.82.2, the occurrences of (1) or (2) below shall be limited after the effective date of this regulation section [March 25, 2013]. For each Application on the Unfunded List (Lack of AB 55 Loans) for Overcrowding Relief Grant, Career Technical Education Facilities Program, and Charter School Facilities Program, excluding advance release of design and/or site acquisition funds from a Preliminary Charter School Apportionment, the occurrences of (1) or (2) below shall be limited after the effective date of this regulation section [October 1, 2014]:

(1) The district abstains from participating in a priority funding 30-calendar day filing period described in Section 1859.90.2 for the Application on the Unfunded List (Lack of AB 55 Loans).

(2) The Application receives a priority funding Apportionment pursuant to Section 1859.90.2(a), and the district fails to meet the fund release requirements pursuant to Section 1859.90.2(c).

(b) The first occurrence of (a)(1) or (a)(2) shall result in the following, as applicable:

(1) If (a)(1) occurs, the Application shall retain its place on the Unfunded List (Lack of AB 55 Loans).

(2) If (a)(2) occurs, the priority funding Apportionment shall be rescinded and the Application shall be returned to the Unfunded List (Lack of AB 55 Loans) pursuant to Section 1859.90.2(c)(2).

(c) If subsection(b) has occurred, a subsequent occurrence of either (a)(1) or (a)(2) shall result in the rescission of the Application's Apportionment and/or unfunded approval, as applicable, and the removal of the Application from the Unfunded List (Lack of AB 55 Loans) without further Board action. The Application shall be returned to the applicant.

(d) For purposes of subsection (c), "rescinded" or "rescission" of an unfunded approval shall mean that the bond authority associated with the Apportionment or unfunded approval, as applicable, returns to the appropriate School Facility Program bond authority source for reallocation. If applicable, the pupils housed in the project will be added back to the district's baseline eligibility pursuant to Sections 1859.51(d) for new construction or 1859.61(d) for modernization.

Cal. Code Regs. Tit. 2, § 1859.90.3

1. Renumbering of former section 1859.90.2 to new section 1859.90.3 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.
2. Certificate of Compliance as to 10-29-2010 order transmitted to OAL 3-10-2011 and filed 4-21-2011 (Register 2011, No. 16).
3. Renumbering of former subsection 1859.90.3 to new section 1859.90.4 and new section 1859.90.3 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.
4. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
5. Amendment filed 8-19-2014; operative 10-1-2014 (Register 2014, No. 34).
6. Amendment of first paragraph and subsection (a) filed 8-31-2020 as an emergency; operative 8-31-2020 (Register 2020, No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6-16-2021 (Register 2021, No. 25).

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17072.12, 17072.30, 17074.16 and 17076.10, Education Code.

1. Renumbering of former section 1859.90.2 to new section 1859.90.3 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.
2. Certificate of Compliance as to 10-29-2010 order transmitted to OAL 3-10-2011 and filed 4-21-2011 (Register 2011, No. 16).
3. Renumbering of former subsection 1859.90.3 to new section 1859.90.4 and new section 1859.90.3 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.
4. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
5. Amendment filed 8-19-2014; operative 10/1/2014 (Register 2014, No. 34).
6. Amendment of first paragraph and subsection (a) filed 8-31-2020 as an emergency; operative 8/31/2020 (Register 2020, No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6/16/2021 (Register 2021, No. 25).