Cal. Code Regs. tit. 2 § 1859.129

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 1859.129 - Time Limit on Apportionment

(a) If the district received an apportionment for a Type I Joint-Use Project or a Type II, part of a qualifying SFP Modernization project, Joint-Use Project, the district is subject to the time limit on the apportionment as outlined in Education Code Section 17076.10.

(b) If the district received an apportionment for a Type II Joint-Use Project, not part of a qualifying SFP Modernization project, the district:

(1) Has one year from the date of that apportionment to submit the plans and specifications to the OPSC for the Joint-Use Project that have been approved by the DSA and the CDE (plans only), otherwise the apportionment will be rescinded without further Board action. If, upon review by the OPSC, the final Division of the State Architect approved plans create a reduction in square footage that is greater than or equal to five percent of the square footage contained in the preliminary plans, a commensurate reduction to the apportionment pursuant to Section 1859.125 shall be taken to the next available State Allocation Board meeting.

(A) In the event the Board determines there is a fiscal emergency or crisis on the part of the State of California, the Board can make a finding that a project has an Inactive Apportionment, as defined in Regulation Section 1859.2, and that the districts' ability to submit completed plans to the DSA has been impacted, and therefore the district will no longer be able to meet the approval requirement in Education Code Section 17077.45(c). In the event the Board makes that determination and finding, the Board may suspend the 12-month period for a period not to exceed 12 months beyond the time period as required in (b)(1). Once the suspension period has concluded, each project will resume where its originating period of time was suspended. Regulation Section 1859.129(b)(1)(A) shall become inoperative January 1, 2010.

(2) Has 18 months from the date the DSA and CDE approved plans were submitted to the OPSC to submit a completed Form SAB 50-05 or the apportionment will be rescinded without further Board action.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.

(3) Is subject to substantial progress time limit on the apportionment as outlined in Subdivision (b) of Education Code Section 17076.10.

Cal. Code Regs. Tit. 2, § 1859.129

1. New section 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.
2. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
3. Amendment of subsections (a) and (b) filed 5-21-2004 as an emergency; operative 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No. 45).
5. Amendment of subsection (b)(1) filed 8-14-2008; operative 8-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 33).
6. New subsection (b)(1)(A) 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.
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).

Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17076.10, 17077.40, 17077.42 and 17077.45, Education Code.