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 11 - Miscellaneous School Facility Program Requirements
Section 1859.106 - Program Accountability Expenditure Audit

Cal. Code Regs. tit. 2 § 1859.106

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1859.106 - Program Accountability Expenditure Audit

The projects will be audited to assure that the expenditures incurred by the district were made in accordance with the provisions of Education Code Section 17072.35 for new construction projects, Section 1859.120 for Joint-Use Projects, Section 1859.140 for Critically Overcrowded School projects, Section 1859.160 for Charter School projects, and Education Code Section 17074.25 and Section 1859.79.2 for modernization projects. The audit will also assure that the district complied with all site acquisition guidelines as provided in Education Code Sections 17072.13 and 17072.14 and Sections 1859.74, 1859.74.1, 1859.74.2, 1859.74.3, 1859.74.4, 1859.75 and 1859.75.1.

An adjustment in the SFP grant will be made for the following:

(a) The difference in the value of the site, relocation costs, DTSC fees, and hazardous waste/materials removal costs that were used to determine the New Construction Additional Grant and the actual amount paid by the district for the site, relocation costs, DTSC fees, and hazardous waste/materials removal costs. For applications received on or after January 1, 2004, the adjustment may be made regardless of whether the hazardous waste/materials removal costs were requested on the application for funding.
(b) For any insurance proceeds collectable by the district for displaced facilities and net proceeds available from the disposition of displaced facilities pursuant to Sections 1859.82.1(d) and 1859.82.2(d).
(c) For any project that received funding pursuant to 1859.71.4(c) or 1859.78.1(b), 50 percent of one-fourth of one percent of the difference between the original Total Projected Bond Apportionment and the newly calculated amount.
(d) Any adjustments made pursuant to this Section will be made only if sufficient bond authority is available for the adjustment. If an Unfunded List has been created by the Board, then any adjustments made pursuant to this Section will be placed on the Unfunded List.

When the OPSC receives the final expenditure report from the district on Form SAB 50-06, an audit of the expenditures by the OPSC shall commence within two years of the report. If the district is not notified by the OPSC within the two-year period that an audit will be made, there will be no audit of the project by the OPSC and the expenditures reported by the district shall be deemed appropriate. If the district has been notified that an audit of the expenditures will be made by the OPSC, the OPSC shall complete the audit within six months of the notification, unless additional information requested from the district has not been received.

Districts shall be required to maintain all appropriate records that support all district certifications and expenditures for all costs associated with SFP, Charter School, and Joint-Use projects for a period of not less than four years from the date the notice of completion is filed for the project in order to allow other agencies, including, without limitation, the Bureau of State Audits and the State Controller to perform their audit responsibilities.

The district is responsible to substantiate expenditures from the Joint-Use Partner(s) financial contribution pursuant to Section 1859.127 and from other local sources.

Should the OPSC conduct an audit of the district certifications or the expenditures for the project and make a finding that some or all of the expenditures were not made in accordance with the provisions of Education Code Section 17072.35 for new construction projects, Section 1859.120 for Joint-Use Projects, Section 1859.140 for Critically Overcrowded School projects, Section 1859.160 for Charter School projects, Education Code Section 17074.25 and Section 1859.79.2 for modernization projects, and Education Code Sections 17072.13 and 17072.14 for projects with additional costs imposed by the DTSC, the OPSC shall recommend to the Board that the apportionment be adjusted based on the audit findings.

Should the CDE make a finding that a project did not meet the standards that were adopted by the CDE pursuant to Education Code Section 17251(b) and (c) when the district had self-certified that the project met those standards pursuant to Education Code Section 17070.50(b), the Board may request that the CDE make a recommendation that the apportionment for the project be adjusted based on the CDE finding. Any adjustment in the apportionment shall be based on the percentage of space in the project that the CDE determined did not meet those standards.

If title to special education program facilities is transferred between a school district and a county office of education pursuant to Education Code Sections 17071.75(b)(2) and (f), the receiving School District shall remit payment to the State within 60 days or up to five years, pursuant to an approved repayment schedule, as requested by the School District. If a repayment schedule is requested, it shall be in equal installments and shall include interest at the same rate as that earned on the State's Pooled Money Investment Account on the date a repayment schedule is approved by the Board. The repayment amount shall be determined by prorating the Financial Hardship assistance received on the initial Apportionment for the transferred facilities, including site acquisition costs apportioned for any land transferred, by the percentage of building area being transferred divided by the total amount of building area approved on the initial Application containing the transfer of facilities, if all of the following conditions are met:

(a) The transferred facilities were constructed with State funds under Chapter 12.5.
(b) Transfer of the facilities took place within ten years of initial occupancy.
(c) The School District that initially acquired or constructed the transferred facilities had approved Financial Hardship status at the time of Apportionment of the project.
(d) The School District receiving the facility did not have approved Financial Hardship status at either the time of the title transfer or the time that the adjustment request is submitted to the OPSC.

Cal. Code Regs. Tit. 2, § 1859.106

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-99 order, including amendment of section and NOTE, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment of third paragraph filed 3-13-2000; operative 4-12-2000 (Register 2000, No. 11).
6. Amendment filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
7. Amendment of section and NOTE filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
8. Amendment of section and NOTE filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section and NOTE filed 2-13-2003 as an emergency pursuant to Education Code section 17078.64(b); operative 2-13-2003 (Register 2003, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-13-2003 or emergency language will be repealed by operation of law on the following day.
10. Amendment of first paragraph and penultimate paragraph filed 5-1-2003 as an emergency; operative 5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2003 or emergency language will be repealed by operation of law on the following day.
11. Amendment of section and NOTE refiled 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency language will be repealed by operation of law on the following day.
12. Amendment of first paragraph and penultimate paragraph refiled 8-29-2003 as an emergency; operative 8-29-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section and NOTE refiled 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
15. Amendment of first paragraph and subsection (c) refiled 12-22-2003 as an emergency; operative 12-22-2003 (Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).
17. Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No. 22).
18. Amendment of section and NOTE filed 2-3-2005; operative 2-3-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
19. Amendment of last two paragraphs of subsection (b) filed 1-8-2007 as an emergency; operative 1-8-2007 (Register 2007, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 1-8-2007 order transmitted to OAL 5-8-2007 and filed 6-20-2007 (Register 2007, No. 25).
21. Amendment filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
22. New subsections (c) and (d) and amendment of NOTE filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
24. Repealer and new subsection (b) 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.
25. 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 17070.35, 17070.50, 17071.75, 17072.13, 17072.14, 17072.18, 17072.35, 17074.25, 17076.10, 17077.40, 17078.52 and 17251, Education Code; and Section 1771.3, Labor Code.

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-99 order, including amendment of section and Note, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment of third paragraph filed 3-13-2000; operative 4-12-2000 (Register 2000, No. 11).
6. Amendment filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
7. Amendment of section and Note filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
8. Amendment of section and Note filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section and Note filed 2-13-2003 as an emergency pursuant to Education Code section 17078.64(b); operative 2-13-2003 (Register 2003, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-13-2003 or emergency language will be repealed by operation of law on the following day.
10. Amendment of first paragraph and penultimate paragraph filed 5-1-2003 as an emergency; operative 5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2003 or emergency language will be repealed by operation of law on the following day.
11. Amendment of section and Note refiled 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency language will be repealed by operation of law on the following day.
12. Amendment of first paragraph and penultimate paragraph refiled 8-29-2003 as an emergency; operative 8-29-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section and Note refiled 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
15. Amendment of first paragraph and subsection (c) refiled 12-22-2003 as an emergency; operative 12-22-2003 (Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).
17. Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No. 22).
18. Amendment of section and Note filed 2-3-2005; operative 2-3-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
19. Amendment of last two paragraphs of subsection (b) filed 1-8-2007 as an emergency; operative 1-8-2007 (Register 2007, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 1-8-2007 order transmitted to OAL 5-8-2007 and filed 6-20-2007 (Register 2007, No. 25).
21. Amendment filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
22. New subsections (c) and (d) and amendment of Note filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
24. Repealer and new subsection (b) 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.
25. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6/16/2021 (Register 2021, No. 25).