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 Board
Regulations Relating to Surplus School Property; Use of Proceeds
Section 1700 - Definitions

Cal. Code Regs. tit. 2 § 1700

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 1700 - Definitions

For the purpose of the provisions of Education Code Sections 17462, 17462.3, and 17463.7, the terms set forth below shall have the following meanings:

"Apportionment" means a reservation of funds for the purpose of the purchase of real property, modernization of real property, or construction of improvements on real property, that is approved by the Board for a school district, county office of education or Charter School.

"Board" means the State Allocation Board as established by Section 15490 of the Government Code.

"Charter School" shall mean a school as established in California pursuant to Education Code Section 47600, et seq.

"District Representative" means a member of the school district, county office of education or Charter School staff or other agent authorized on behalf of the school district, county office of education or Charter School to serve as the "District Representative" to execute and file forms with the Board on behalf of the school district, county office of education, or Charter School and/or act as a liaison between the Board and the school district, county office of education or Charter School.

"Form SAB 308" means the Return of Real Property Sale Proceeds Notification, Form SAB 308 (New 06/14), which is incorporated by reference.

"Office of Public School Construction (OPSC)" means the State office within the Department of General Services that assists the Board as necessary on behalf of the Director.

"One-time Expenditures" means costs paid by the general funds of a school district that are nonrecurring in nature and do not commit the school district to incur costs in the future, and are exclusive of Ongoing Expenditures.

"Ongoing Expenditures" means costs paid by the general or special funds of a school district in support of employee salaries, benefits and other costs that are associated with ongoing and sustained operations and services except, if approved by the State Allocation Board, a single and one-time payment toward reducing a district's existing unfunded liability for postemployment benefits other than pensions will be considered a one-time expenditure and not an ongoing expenditure if the following conditions are also met:

(1) the unfunded liability was incurred prior to January 1, 2007,
(2) the unfunded liability has been determined using actuarial measurement methods as defined in Governmental Accounting Standards Board Statement 45, and
(3) the payment is consistent with any plan made by the district according to Assembly Bill 1802, Chapter 79, Section 43(a)(6)(A), Statutes of 2006 (Committee on Budget), as amended by Senate Bill 1131, Chapter 371, Statutes of 2006 (Committee on Budget and Fiscal Review), or a similar plan adopted by the district's governing board.

"Portable Facility" means a building of one or more stories that is designed and constructed to be relocatable and transportable over public streets, and with respect to a single story portable building, is designed and constructed for relocation without the separation of the roof or floor from the building and when measured at the most exterior walls, has a floor area not in excess of 2,000 square feet.

Cal. Code Regs. Tit. 2, § 1700

1. New subgroup 3.5 (section 1700) and section filed 8-2-2007; operative 8-2-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 31).
2. Amendment of definition of "Ongoing Expenditures" filed 12-8-2008; operative 12-8-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 50).
3. Amendment of section and NOTE filed 5-4-2015; operative 7-1-2015 (Register 2015, No. 19).
4. Amendment of first paragraph, definition of "Ongoing Expenditures" and NOTE filed 12-9-2020 as an emergency; operative 12-9-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 50). A Certificate of Compliance must be transmitted to OAL by 10-5-2021 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-9-2020 order transmitted to OAL 6-25-2021 and filed 8-4-2021 (Register 2021, No. 32).

Note: Authority cited: Sections 17462, 17462.3 and 17463.7, Education Code; and Section 15490, Government Code. Reference: Sections 17462, 17462.3, 17463.7 and 17463.8, Education Code.

1. New subgroup 3.5 (section 1700) and section filed 8-2-2007; operative 8-2-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 31).
2. Amendment of definition of "Ongoing Expenditures" filed 12-8-2008; operative 12-8-2008 pursuant to Government Code section 11343.4(Register 2008, No. 50).
3. Amendment of section and Note filed 5-4-2015; operative 7/1/2015 (Register 2015, No. 19).
4. Amendment of first paragraph, definition of "Ongoing Expenditures" and Note filed 12-9-2020 as an emergency; operative 12/9/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 50). A Certificate of Compliance must be transmitted to OAL by 10-5-2021 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-9-2020 order transmitted to OAL 6-25-2021 and filed 8/4/2021 (Register 2021, No. 32).