§ 1859.2. Definitions.
2 CA ADC § 1859.2Barclays Official California Code of RegulationsEffective: February 1, 2024
Barclays California Code of Regulations
Title 2. Administration
Division 2. Financial Operations (Refs & Annos)
Chapter 3. Department of General Services
Subchapter 4. Office of Public School Construction
Group 1. State Allocation Board
Subgroup 5.5. Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program)
Article 1. General Provisions and Definitions
Effective: February 1, 2024
2 CCR § 1859.2
§ 1859.2. Definitions.
For the purpose of these regulations, the terms set forth below shall have the following meanings, subject to the provisions of the Act:
“Academic Achievement” means to improve one's ability to engage in academic endeavors and to accomplish study in core curriculum areas such as reading, writing, mathematics, fine arts, science, vocational education, technology, history or social science.
“Act” means the Leroy F. Greene School Facilities Act of 1998.
“Adjacent” means the HSAAs that will make up the Super HSAA are adjoining, touching, or share a common geographical boundary.
“Alternative District Owned Site” means a district owned site that is deemed available for the project by the California Department of Education.
“Alternative Education” means community day, county community, county community day, and continuation high schools.
“Alternative Enrollment Projection” means a calculation of projected enrollment by eligible school districts as authorized by Education Code [Section 17071.75(a)(1).
“Application” means a request pursuant to the Act to receive an eligibility determination and/or funding for a school project.
“Applications Received Beyond Bond Authority List” means an informational list of applications submitted to the Office of Public School Construction (OPSC) and presented to the Board. Funding applications placed on this list contain the preliminary grant amounts requested by a district. The OPSC has not determined that the Approved Application(s) are Ready for Apportionment.
“Apportionment” shall have the meaning set forth in Education Code Section 17070.15(a).
“Approved Application(s)” means a district has submitted the application and all documents to the Office of Public School Construction that are required to be submitted with the application as identified in the General Information Section of Forms SAB 50-01; SAB 50-02; SAB 50-03; and SAB 50-04, as specified in Section 1859.2.
“Approved Application for Career Technical Education Facilities Project Funding” means an applicant has submitted an Application for Career Technical Education Facilities Funding, Form SAB 50-10, including all required supporting documents as identified in the General Information Section of that Form, to the OPSC and the OPSC has accepted the application for processing.
“Approved Application for Joint-Use Funding” means a district has submitted an Application for Joint-Use Funding, Form SAB 50-07, including all required supporting documents as identified in the General Information Section of that Form, to the OPSC and the OPSC has accepted the application for processing.
“Attendance Area” shall have the meaning set forth in Education Code Section 17070.15(b).
“Authority” shall have the meaning set forth in Education Code Section 17078.52(d)(1).
“Board” means the State Allocation Board as established by Section 15490 of the Government Code.
“Bond Authority” means the authority of the Board to Apportion bond funds pursuant to Education Code Section 17070.40.
“Career Technical Education Facilities Project” means a project approved by the Board pursuant to Education Code Section 17078.72.
“CBEDS Report” means the enrollment information provided through the California Basic Educational Data System (CBEDS) by school districts to the CDE.
“California Department of Education” (CDE) means the offices within that department that have responsibility for school facilities matters.
“CDE Source School List” means a list developed and published by the CDE that identifies districts and Critically Overcrowded Schools pursuant to Education Code Section 17078.18(c).
“Certification” means the act of affirmatively representing, asserting or verifying circumstances, data or information as required by the Act or this subgroup.
“Charter School” shall mean a school established pursuant to Education Code, Title 2, Division 4, Part 26.8, Section 47600, et seq.
“Charter School Agreements” mean a memorandum of understanding, a funding agreement and a use agreement as established by the California School Finance Authority (CSFA).
“Charter School Facilities Program Rehabilitation” shall mean work that includes, but will not be limited to, structural changes or other types of work on an existing district facility that extends the useful life of or enhances the physical environment of the school, and as provided in Education Code Section 17078.58(a).
“Charter School Facilities Program Rehabilitation Grant” means the amount provided pursuant to Section 1859.167.1(a).
“Charter School Facility Account” means the fund for new construction Charter School projects authorized by Education Code Sections 100620(a)(1)(A), 100820(a)(1)(A) and 101012(a)(2).
“Charter School General Location” shall mean a minimum of a one mile radius to a maximum of a three mile radius from the present or proposed location of the Charter School project as identified in the chartering agreement.
“Childcare” means any program that is operated less than 24-hours per day, in which non-medical, licensed care and supervision are provided to children in a group setting.
“Class B Construction Cost Index” is a construction factor index for structures made of reinforced concrete or steel frames, concrete floors, and roofs, and accepted and used by the Board.
“Classroom” means a teaching station that has the same meaning as the term used in Education Code Section 17071.25(a)(1).
“Classroom-Based Instruction” shall have the meaning set forth in Education Code Section 47612.5(e)(1).
“Classroom Provided” means a classroom acquired by lease, lease-purchase, or purchase for which a contract has been signed for the construction or acquisition of the classroom.
“Committee” shall have the meaning set forth in Education Code Section 17070.15(d).
“Conversion Increase Fund” shall be the fund in either the 2002 or 2004, as appropriate, Charter School Facilities Accounts to set aside Preliminary Charter School Apportionment amounts rescinded on or before April 25, 2007, for a Final Charter School Appointment, pursuant to Section 1859.167.
“County Fund” shall have the meaning set forth in Education Code Section 17070.15(e).
“Critically Overcrowded School (COS)” means a school that has a pupil population density greater than 115 pupils per useable acre in grades Kindergarten through six, or a pupil population density greater than 90 pupils per useable acre in grades seven through twelve based on the 2001 CBEDS enrollment.
“Current Replacement Cost” means $346.60 per square foot for Toilet Facilities and $192.60 per square foot for all other spaces. The amounts shown will be adjusted annually in the manner prescribed in Section 1859.71.
“Date of Occupancy” means the date the grant deed is recorded with the County Recorder's Office.
“Demographic Research Unit” (DRU) means this office within the California Department of Finance.
“Department” shall have the meaning set forth in Education Code Section 17070.15(f).
“District Representative” means a member of a school district staff or other agent authorized to serve as “District Representative” to execute and file an application with the Board on behalf of the district and/or act as liaison between the Board and the district.
“Division of the State Architect (DSA)” means the State office within the Department of General Services that reviews school building plans and specifications for structural, fire safety and access compliance.
“Elementary School Pupil” means a student housed in a school serving Kindergarten through sixth grade, or any combination of Kindergarten through sixth grade.
“Encumbered for Specific Purposes” means a commitment of funds by the school district to meet a legally binding obligation.
“Energy Audit” means an energy analysis and report which sets forth the utility savings that could be generated if the proposed project was designed, constructed, and equipped with energy efficiency and renewable technologies that would make the proposed project exceed the minimum building energy-efficiency standards mandated for new public buildings pursuant to the applicable California Building Standards Code.
“Energy Efficiency Account” means the funds set aside by the Board for purposes of Education Code Section 17077.35.
“EnergyPro 3.1” means a computer program approved by the State Energy Resources Conservation and Development Commission that calculates energy efficiency standards.
“Environmental Hardship” means the State funding for site acquisition as authorized by Section 1859.75.1.
“Excessive Cost Hardship Grant” means the funding provided by Section 1859.83.
“Executive Officer” means the individual appointed by the Governor to direct the Office of Public School Construction, and who concurrently serves as Executive Officer to the Board.
“Existing School Building Capacity” means the district's total capacity to house pupils as calculated pursuant to Sections 1859.30 through 1859.33.
“Existing School Site” for purposes of Joint-Use, means real property that has a public school with any grades K-12 and that has at minimum administration and classroom facilities for any grades K-12 and has been assigned a county district school (CDS) code, which meets the criteria of Regulation Section 1859.23.
“Extra Cost” means the added costs to complete a Type II Joint-Use Project as determined in Section 1859.125.1.
“Facility” means all or a portion of any real property, site improvements, utilities and/or buildings or other improvements contained in the project.
“Facility Hardship” means the repair, reconstruction, or replacement of School Buildings, components of School Buildings, or school site conditions authorized by Section 1859.82.1 or 1859.82.2.
“Facility Hardship Square Footage Grant” means the grant per square foot provided for Facility Hardship replacement funding pursuant to Sections 1859.82.1(b)(4)(B) or 1859.82.2(b)(4)(B), excluding additional grants provided under Section 1859.82.1 or 1859.82.2.
“Field Act Facility” means a school building meeting the requirements contained in Education Code Section 17280, et seq.
“Final Apportionment” means an apportionment made pursuant to Education Code Section 17070.15 by submittal of an application pursuant to Section 1859.21.
“Final Apportionment Unfunded List” means a list of projects where the entire Final Apportionment request was not converted to a Final Apportionment.
“Final Charter School Apportionment” shall mean a Preliminary Charter School Apportionment that has been converted to a Final Charter School Apportionment in accordance with Section 1859.165.
“Financial Hardship” means State funding for all or a portion of the district's matching share required by Section 1859.77.1 or 1859.79.
“Financially Sound” shall have the meaning set forth in Education Code Section 17078.52(c)(4) and California Code of Regulations, Title 4, commencing with Section 10151, et seq.
“Form SAB 50-01” means the Enrollment Certification/Projection, Form SAB 50-01 (Revised 05/09) and, when utilizing HSAA residency reporting, the High School Attendance Area Residency Reporting Worksheet (New 06/08), which are incorporated by reference.
“Form SAB 50-02” means the Existing School Building Capacity, Form SAB 50-02 (Revised 12/10), which is incorporated by reference.
“Form SAB 50-03” means the Eligibility Determination, Form SAB 50-03 (Revised 12/10), which is incorporated by reference.
“Form SAB 50-04” means the Application for Funding, Form SAB 50-04 (Revised 05/20), which is incorporated by reference.
“Form SAB 50-05” means the Fund Release Authorization, Form SAB 50-05 (Revised 06/17), which is incorporated by reference.
“Form SAB 50-06” means the Expenditure Report, Form SAB 50-06 (Revised 10/22), which is incorporated by reference.
“Form SAB 50-07” means the Application for Joint-Use Funding, Form SAB 50-07 (Revised 10/14), which is incorporated by reference.
“Form SAB 50-08” means the Application for Preliminary Apportionment, Form SAB 50-08 (Revised 10/14), which is incorporated by reference.
“Form SAB 50-09” means the Application for Charter School Preliminary Apportionment, Form SAB 50-09 (Revised 10/14), which is incorporated by reference.
“Form SAB 50-10” means the Application for Career Technical Education Facilities Funding, Form SAB 50-10 (Revised 10/14), which is incorporated by reference.
“Form SAB 50-11” means the Overcrowding Relief Grant District-Wide Eligibility Determination, Form SAB 50-11, (New 02/07), which is incorporated by reference.
“Form SAB 58-01” means the Facility Hardship Cost Estimate, Form SAB 58-01 (New 05/20), which is incorporated by reference.
“Fund” shall have the meaning set forth in Education Code Section 17070.15(g).
“General Location” means the proposed location of a new school as set forth in Education Code Section 17078.22 and Section 1859.142.
“General Site Development” means on-site hard surfaced areas for foot traffic, driveways, walks, parking, curbs and gutters; outdoor instructional play facilities such as turfed or paved areas, permanent playground equipment, outdoor places of assembly, tennis/handball courts, running tracks and baseball, football and soccer fields; applicable landscaping of building frontages and outdoor facilities noted above.
“Government Agency” shall include but is not limited to a public entity as defined in Government Code Section 7260(a) including California federally recognized or historically established tribal governments.
“Grant Agreement” means Grant Agreement (Rev. 10/22), which is incorporated by reference.
“Hazardous Material/Waste Removal Fund” shall mean the fund established pursuant to Section 1859.163.3, in order to set aside funding at the time Preliminary Charter School Apportionments are approved by the Board for hazardous material waste removal that will be provided at the Final Charter School Apportionment when actual costs are known.
“High Performance Base Incentive Grant” means the $150,000 State share portion of the high performance incentive grant provided as part of a New Construction Adjusted Grant for a new school, or the $250,000 State share portion of the high performance incentive grant provided as part of a New Construction Adjusted Grant for an addition to an existing site or a Modernization Adjusted Grant.
“High Performance Rating Criteria” (HPRC) means the standard used to evaluate the costs of designs and materials that promote high performance schools. The HPRC will be using the Collaborative for High Performance Schools (CHPS) rating criteria model as identified in the CHPS Best Practices Manual Volume III 2002 Edition and 2006 Edition, and 2009 CA-CHPS Criteria, as incorporated by reference. For the purposes of the SFP, the HPRC contained in these regulations have been modified to focus on facility related components.
“High Performance School Account” means the funds set aside by the Board for purposes of Education Code Section 101012(a)8.
“High School Attendance Area (HSAA)” means an attendance area that serves a currently operated high school, other than a continuation school or a community school.
“High School District” means a school district that serves any combination of grades seven through twelve exclusively.
“High School Pupil” means a student in a school serving ninth through twelfth grade or any combination of ninth through twelfth grade.
“Higher Education” means an entity that is a public community college; a public college; a public university; or a non-profit/accredited organization of higher education.
“In Escrow, Governmental Entities” means the approval and signature of instrument(s) that will convey a specified school parcel or site from the public/government entity including the federal government for a determinable sum, and for a determinable date of acquisition which may be based on the district's receipt of funding from the State.
“Inactive Preliminary Apportionment” means an apportionment for a project, based on a finding by the SAB, that meets all of the following criteria: 1) received a Preliminary Apportionment prior to December 17, 2008; 2) A complete request to convert a Preliminary Apportionment to a Final Apportionment has not been made; 3) the time limit under Education Code Section 17078.25(a) or (b) will expire on or after December 17, 2008.
“Inactive Preliminary Charter School Apportionment” means an apportionment for a project, based on a finding by the SAB, that meets all of the following criteria: 1) received a Preliminary Charter School Apportionment prior to December 17, 2008; 2) A complete request to convert a Preliminary Charter School Apportionment to a Final Charter School Apportionment has not been made; 3) the time limit under Education Code Sections 17078.25(a) or (b) and 17078.52(c)(3) will expire on or after December 17, 2008.
“In Escrow, Non-Governmental Entities” means the deposit of signed instrument(s) and/or funds with instructions with a title company or escrow agent to carry out the provisions of an agreement or contract to acquire a specified school parcel or site for a determinable sum, and for a determinable date of acquisition which may be based on the district's receipt of funding from the State.
“Inactive Apportionment” means an apportionment made to a project, based on a finding by the SAB, that meets all of the following criteria: 1) received a SAB apportionment prior to December 17, 2008; 2) State bond funds have not been released for that apportionment; and, 3) the time limit under Education Code Section 17076.10(d) will expire on or after December 17, 2008.
“Inadequate” means, for purposes of Joint-Use Projects, the square footage of the existing facility is less than 60 percent of the square footage entitlement shown in the Chart in Section 1859.124.1.
“Independent Audit” means an examination and report of the district's accounts by a certified public accounting firm.
“Individual with Exceptional Needs” shall have the meaning set forth in Education Code Section 56026 as further defined and classified in 34 Code of Federal Regulations Part 300.5.
“Instrument” means a written, legally enforceable agreement, approved and signed by all parties to the escrow, for the conveyance to the district of real estate for a specified parcel or site, that includes a compensation clause and either a purchase option agreement, a purchase agreement, promissory note, lease agreement, installment sales contract, gift, or other real estate conveyance valid in the State of California for property conveyed from a public/government entity, including the federal government.
“Insufficient Bond Authority” means the total funding requested on the Approved Application received by the OPSC exceeds the Bond Authority.
“Interim Housing” means the rental or lease of classrooms used to house pupils temporarily displaced as a result of the modernization of classroom facilities.
“Joint-Use Project” means a project approved by the Board pursuant to Education Code Sections 17050, 17051, or 17077.40.
“Joint-Use Partner(s)” means an entity or entities that has entered into a joint-use agreement pursuant to the provisions of Education Code Section 17077.42.
“Labor Compliance Program (LCP)” shall be as described in subdivision (b) of Labor Code Section 1771.5 and approved by the Department of Industrial Relations (DIR).
“Large Charter School” shall be defined as a school in which the enrollment is greater than 351 pupils, based on the latest available CBEDS report or if a CBEDS report is unavailable, the registration list for the Charter School may be used.
“Lease-Purchase Program (LPP)” means the Leroy F. Greene State School Building Lease-Purchase Law of 1976, commencing with Education Code Section 17000.
“Linear Regression” means a mathematical procedure for finding the best fitting line to a given set of data-points by minimizing the difference between the actual data points and the regressed data points shown on the line.
“Low-income” shall be the percentage of pupils deemed eligible for free/reduced lunch as identified in the most recent Free and Reduced Price Meals data on file at the CDE. The data on file with CDE shall be determined to be the information collected for the month of October, and any errors and omissions amendments to that information for that time period that have been received and approved by the CDE.
“Major Maintenance” shall have the meaning set forth in Education Code Section 17070.77(b).
“Material Inaccuracy” means any falsely certified eligibility or funding application related information submitted by school districts, architects or other design professionals that allowed the school district an advantage in the funding process.
“Median Cost” means, for purposes of a Preliminary Apportionment, the middle number in a given sequence of property value numbers, or the average of the middle two property value numbers when the given sequence of property value numbers has an even number of numbers.
“Medium Charter School” shall be defined as a school with an enrollment of 176 pupils to 350 pupils, based on the latest available CBEDS report or if a CBEDS report is unavailable, the registration list for the Charter School may be used.
“Mello-Roos Bonds” means the bonds that are authorized under the provisions of the Mello-Roos Community Facilities Act of 1982, commencing with Government Code Section 53311.
“Middle School Pupil” means a student in a school serving sixth through eighth grade, or seventh and eighth grades.
“Modernization” shall have the meaning set forth in Education Code Section 17070.15(f) for purposes of projects subject to Subgroup 5.5, Article 2, commencing with Section 1859 or Education Code Section 17021 under the Lease-Purchase Program.
“Modernization Adjusted Grant” means the Modernization Grant, plus any other funding provided by these Regulations.
“Modernization Grant” means the funding provided pursuant to Education Code Section 17074.10(a) and Sections 1859.78, 1859.78.3, 1859.78.6, and 1859.78.8.
“Modernization Eligibility” means the result of the calculation contained in either Option A or B of the Form SAB 50-03.
“Most Vulnerable Category 2 Buildings” means the building meets the criteria outlined in Section 1859.82.2(a) and is one of the following building types:
C1 -- Concrete Moment Frame,
C1B -- Reinforced Concrete Cantilever Columns with Flexible Diaphragms,
C2A -- Concrete Shear Wall with Flexible Diaphragms,
C3A -- Concrete Frame with Infill Masonry Shear Walls and Flexible Diaphragms,
PC1 -- Precast/Tilt-up Concrete Shear Wall with Flexible Diaphragms,
PC1A -- Precast/Tilt-up Concrete Shear Wall with Rigid Diaphragms,
PC2A -- Precast Concrete Frame without Concrete Shear Walls and with Rigid Diaphragms,
PC2 -- Precast Concrete Frame and Roofs with Concrete Shear Walls,
URM -- Unreinforced Masonry Bearing Wall Buildings,
RM1 -- Reinforced Masonry Bearing Wall with Flexible Diaphragms,
URMA -- Unreinforced Masonry Bearing Wall with Rigid Diaphragms,
S1B -- Steel Cantilever Columns with Flexible Diaphragm,
S3 -- Steel Light Frame Metal Siding and/or Rod Bracing, or
M -- Mixed construction containing at least one of the above structures types.
“Multipurpose/Gymnasium Hybrid” means a single facility that is comprised of both a multipurpose room and a gymnasium that share common space for purposes of Section 1859.77.3. The facility must be identified as a Multipurpose/Gymnasium Hybrid by the California Department of Education.
“Multi-Track Year-Round Education (MTYRE)” means a school education program in which the students are divided into three or more groups on alternating tracks, with at least one group out of session, and the other groups in session during the same period.
“New Construction Adjusted Grant” means the New Construction Grant, plus any other funding provided by these Regulations.
“Net School Building Capacity” means the capacity of a school building to house pupils after excluding the pupils housed in a Classroom which was demolished and replaced in the project and, for schools operating on a multi-track year-round education calendar as defined in Education Code Section 42260(d)(1), after including the maximum enrollment attending the school at one time.
“New Construction Eligibility” means the result of the calculation determined in Education Code Section 17071.75.
“New Construction Grant” means the funding provided pursuant to Education Code Section 17072.10(a) and Sections 1859.71 and 1859.71.1.
“Nonclassroom-Based Instruction” shall have the meaning set forth in Education Code Section 47612.5 (d)(1) and (e)(2).
“Non-Profit Entity” means an entity that is organized and operated for purposes of not making a profit under the provisions of the federal Internal Revenue Code Section 501(c)(3), or is organized as/operated by a nonprofit public benefit corporation, pursuant to State Corporations Code, Title 1, Division 2, Part 2, Section 5110, et seq.
“Non-Profit Organization” as used in this section and for the purposes of the Joint-Use Program, means an entity that is organized and operated for purposes of not making a profit under the provisions of the Revenue and Taxation Code and further meets the requirements set forth below:
2. The Non-Profit Organization must be a recognized nationally chartered organization. If the partner is not a nationally chartered non-profit organization, then it must have an independence in governance, which for purposes of this section shall be defined as the Non-Profit Organization and School District having no more than one common board member, ex-officio board member, officer, management or staff irrespective of whether voting or non-voting and whether employee, contractor, or agent. These restrictions will only apply to the extent that the employee, contractor or agent has managerial authority on one or both entities. For purposes of this section, a recognized nationally charted organization is a non-profit organization which is recognized by the Office of Public School Construction or the State Allocation Board as operating on a national basis and having charters issued by a national headquarter or governing body, and
3. The Non-Profit Organization must operate programs or services, aside from programs or services for the School District, for the community and pay for the additional ongoing operational costs or program services associated with the joint-use purposes and/or a minimum of 25 percent of an eligible Joint-Use Project facility's cost.
“Non-Severely Disabled Individual with Exceptional Needs” means an individual with exceptional needs not defined in Education Code Section 56030.5 but included in 34 Code of Federal Regulations Part 300.8.
“Occupancy” means the point at which pupils occupy a classroom as evident by district documents such as the school board's adopted calendar, classroom attendance rosters, fire marshal approval of the classroom, etc.
“Office of Public School Construction (OPSC)” means the State office within the Department of General Services that assists the Board as necessary and administers the Act on behalf of the Director.
“Overcrowded School District” for purposes of determining preference points is any district that demonstrates eligibility in excess of two percent of their unhoused pupils.
“Overcrowding Relief Grant” (ORG) means the funding provided pursuant to Education Code Section 17079, et seq.
“Overcrowding Relief Grant Eligibility Determination” means the form that is submitted to the California Department of Education for purposes of determining whether a school site is eligible for Overcrowding Relief Grant funding and the maximum number of pupils that are eligible to receive funding at a school site.
“Overcrowding Relief Grant Pupil Eligibility” means the result of the calculation determined in Section 1859.182(a).
“Permanent Area” means any area not included in a portable classroom.
“Permanent Classroom” means any classroom not meeting the definition of portable classroom.
“Phase C Approval” means the construction approval by the Board under the Lease-Purchase Program.
“Phase One Environmental Site Assessment (POESA)” shall have the meaning set forth in Education Code Section 17210(g).
“Phase P Approval” means the planning approval by the Board under the Lease-Purchase Program.
“Phase S Approval” means the site approval by the Board under the Lease-Purchase Program.
“Piggyback Contract” means a contract for acquisition of personal property, without advertising for bids, as authorized by Public Contract Code Section 20118.
“Portable Classroom” shall have the meaning set forth in Education Code Section 17070.15(j).
“Portable Classroom Replacement Grant” - means beginning August 31, 2020, is $46.55 per Square Foot and will be adjusted in the manner prescribed in Section 1859.71.
“Portable Toilet Replacement Grant” - means beginning August 31, 2020, is $118.62 per Square Foot and will be adjusted in the manner prescribed in Section 1859.71.
“Preliminary Application” means the district has submitted Form SAB 50-08, including all documents that are required to be submitted with the application as identified in the General Instructions Section of that Form to the OPSC and the OPSC has accepted the application for processing.
“Preliminary Apportionment” means an apportionment made pursuant to Education Code Section 17078.10(c).
“Preliminary Charter School Application” means a district filing on behalf of a Charter School or the Charter School submitting directly on Form SAB 50-09, including all supporting documents as identified in the General Instructions Section of that Form submitted to the OPSC and the OPSC has accepted the application for processing.
“Preliminary Charter School Apportionment” means an apportionment made pursuant to Education Code Section 17078.52(c)(3).
“Preliminary Endangerment Assessment (PEA)” shall have the meaning set forth in Education Code Section 17210(h).
“Preliminary Plans” means a set of architectural drawings not approved by the DSA that provide a preliminary design.
“Priority One” shall have the meaning set forth in Education Code Section 17017.7(a)(1).
“Priority Two” shall have the meaning set forth in Education Code Section 17017.7(a)(2).
“Project Information Worksheet” means the Project Information Worksheet (Revised 05/10), which is incorporated by reference.
“Property” shall have the meaning set forth in Education Code Section 17070.15(g).
“Proposition 1A” means the Initiative Measure (Prop. 1A) enacted by passage at the November 4, 1998 general election.
“Proposition 1 D” means the Kindergarten-University Public Education Facilities Bond Act of 2006.
“Proposition 39” means the Initiative Measure (Prop. 39) enacted by passage at the November 7, 2000 general election which amended Sections 15102, 15106, 35233, and 72533 and added Chapter 1.5 (commencing with Section 15264) to Part 10, of the Eduction Code, and added applicable sections of the California Constitution relating to passage of local school bonds with a 55 percent vote of the electorate at a primary or general election, a regularly scheduled local election, or a statewide special election.
“Proposition 47” means the Kindergarten-University Public Education Facilities Bond Act of 2002.
“Proposition 55” means the Kindergarten-University Public Education Facilities Bond Act of 2004.
“Pupil” means a student enrolled in any grade Kindergarten through grade twelve.
“Qualified Historical School Building” shall mean any school building that meets the “Qualified Historical Building or Property” definition in California Historical Building Code, California Code of Regulations, Title 24, Part 8.
“Qualifying Pupils” means enrollment in excess of 86 pupils per useable acre for Kindergarten through sixth grade or 68 pupils per useable acre for grades seven through twelve.
“Quarterly Basis” means a three-month period commencing on January 1, April 1, July 1 and October 1 of each calendar year.
“Ready for Apportionment” means a final review of an Approved Application has been completed by the OPSC and it has been determined that it meets all requirements of law for an apportionment or eligibility determination, and the OPSC will recommend approval to the Board.
“Reconfigure” for the purposes of the Career Technical Education Facilities Program means remodeling an existing school building within its current confines and/or the expansion of the square footage of the existing building.
“Reconfigure” for the purposes of the Joint-Use program means remodeling an existing school building within its current confines and/or the expansion of the square footage of the existing building and any necessary replacement of displaced classrooms or other minimum essential facilities.
“Region One” shall consist of the following counties: Alpine, Amador, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.
“Region Two” shall consist of the following counties: Alameda, Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Tulare, and Tuolumne.
“Region Three” shall consist of the following counties: Los Angeles, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura.
“Region Four” shall consist of the following counties: Imperial, Orange, Riverside, and San Diego.
“Rehabilitation Cost” means the health and safety mitigation grant that is less than 50 percent of the Current Replacement Cost of the School Building. Rehabilitation Costs provided shall be 60 percent of the eligible costs in Form SAB 58-01 required in Section 1859.82.1(c)(3)(C) that has been reviewed and approved by OPSC and approved by the Board.
“Relocation/DTSC Fee Fund” shall mean the fund established pursuant to Section 1859.163.3, in order to set aside funding at the time Preliminary Charter School Apportionments are approved by the Board for relocation expenses and/or DTSC fees that will be provided at the Final Charter School Apportionment when actual costs are known.
“Remedial Action Plan (RAP)” means a plan approved by the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety Code Section 25356.1.
“Resolution of Necessity” means a school board resolution to acquire property by eminent domain as requireed by California Code of Civil Procedure section 1245.220.
“Resource Specialist Program” means pupils that meet the definition of Non-Severely Disabled Individual with Exceptional Needs as defined in Section 1859.2 that are not enrolled in a special day class.
“Response Action (RA)” means the removal of hazardous materials and solid waste, the removal of hazardous substances, and other remedial actions in connection with hazardous substances at the site.
“Restricted Charter School Fund” means the funds in the 2002 (or 2004, as appropriate) Charter School Facility Account approved for a Preliminary Charter School Apportionment.
“Restricted Fund” means the funds in the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account approved for a Preliminary Apportionment(s).
“Rural Area” shall be a school with a locale code of 31, 32, 33, 41, 42, or 43 as classified by the National Center for Education Statistics (NCES). After August 28, 2019, the definition shall include locale codes 31, 32, and 33 as classified by the NCES.
“School Building Capacity” shall have the meaning set forth in Education Code Section 17070.15(l).
“School District” shall have the meaning set forth in Education Code Sections 17070.15(m) and 17073.25.
“School Facilities Improvement District” means a legal entity authorized by Education Code Section 15300, to generate school facilities funding.
“School Facility Program (SFP)” means either the new construction or modernization programs implemented under the Act, by these Subgroup 5.5 regulations.
“Secondary School Pupil” means a student in the seventh through the twelfth grade.
“Section” means a section in these Subgroup 5.5 regulations.
“Seismic Rehabilitation Grant” means a grant allowable under Education Code Section 17075.10(a) and (b)(2) and Section 1859.82.2(c)(4) excluding additional grants.
“Service Region” means one of the eleven service regions of the California County Superintendents Educational Services Association.
“Severely Disabled Individual with Exceptional Needs” means an individual with exceptional needs as defined in Education Code Section 56030.5.
“SFP New Construction Account” means the fund for new construction projects authorized by Education Code Sections 100420(a)(1), 100620(a)(1), 100820(a)(1), 101012(a)(1), and 101122(a)(1).
“Small Charter School” shall be defined as a school with an enrollment of not more than 175 pupils, based on the latest available CBEDS report or if a CBEDS report is unavailable, the registration list for the Charter School may be used.
“Small School District” means a school district with current district-wide enrollment reported in Part A, the continuation high pupils reported in Part C, and the Special Day Class pupils reported in Part D on the latest Form SAB 50-01, used to determine or adjust the district's baseline eligibility pursuant to Sections 1859.50 and 1859.51 or submitted separately to the OPSC, that is 2,5000 or less.
“Source School” means a Critically Overcrowded School included on the CDE Source School List that has Qualifying Pupils.
“Special Day Class” means a class that has pupils enrolled that are individuals with exceptional needs.
“Square Footage” means the enclosed area measured from the outside face of exterior structural walls of the building. For interior areas or portions of building areas, the enclosed area shall be measured from the centerline of the interior demising wall.
“Student Yield Factor” means the number of students each dwelling unit will generate for purposes of an enrollment augmentation.
“Substantial Enrollment Requirement (SER)” means a district that is operating on a Multi-Track Year-Round Education basis pursuant to Education Code Sections 17017.6 and 17017.7(c).
“Suburban Area” shall be a school with a locale code of either 21, 22, 23 as classified by the NCES. After August 28, 2019, the definition shall only include locale codes 21, 22, and 23 as classified by the NCES.
“Super High School Attendance Area (Super HSAA)” means two or more HSAAs that are adjacent to each other.
“Teacher Education” means courses for credential programs or enhancement courses that are professional growth courses for elementary, secondary, higher education and special education instructors.
“Toilet Facilities” means restroom area, shower/locker area or physical therapy area for Individuals with Exceptional Needs.
“Total Projected Bond Apportionment” means the total State bond funds to be apportioned for the project, including any Financial Hardship apportionment pursuant to Section 1859.81, any funds authorized by the Authority pursuant to Section 1859.168, and any funds provided pursuant to Section 1859.194, but excluding the prevailing wage monitoring and enforcement costs grant amount provided pursuant to Section 1859.71.4(c), 1859.78.1(b) or 1859.167.2(b).
“Type I Joint-Use Project” means a project that meets the criteria of Education Code Section 17077.40(b)(1).
“Type II Joint-Use Project” means a project that meets the criteria of Education Code Section 17077.40(b)(2).
“Unfunded List” means an information list of unfunded projects, with the exception of the unfunded list defined below as “Unfunded List (Lack of AB 55 Loans)”.
“Unfunded List (Lack of AB 55 Loans)” means an information list of unfunded projects that was created due to the State's inability to provide interim financing from the Pooled Money Investment Account (AB 55 loans) to fund school construction projects as declared in the Department of Finance Budget Letter #33 issued on December 18, 2008.
“Unrestricted Charter School Fund” means the funds in the appropriate Charter School Facility Account not approved for a Preliminary Charter School Apportionment(s).
“Unrestricted Fund” means the funds in the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account not approved for a Preliminary Apportionment(s).
“Urban Area” shall be as a school with a locale code of 11, 12 or 13 as classified by the NCES.
“Useable Acres” means the gross acreage of a school site less any portion of the site publicly dedicated for off-site street improvements and any portion of the site not available for school purposes as determined by the CDE because of topological impediments or because of other unique circumstances.
“Zone Improvement Project (ZIP) Code” means the area as determined by the United States Postal Service.
Credits
Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Sections 17009.5, 17017.6, 17017.7, 17021, 17047, 17050, 17051, 17070.15, 17070.51(a), 17070.71, 17070.77, 17071.10, 17071.25, 17071.30, 17071.33, 17071.35, 17071.40, 17071.75, 17071.76, 17072.10, 17072.12, 17072.18, 17072.33, 17073.25, 17074.10, 17074.30, 17075.10, 17075.15, 17077.40, 17077.42, 17077.45, 17078.52, 17078.56, 17078.72(k), 17079, 17079.10, 17280, 56026 and 101012(a)(8), Education Code; Section 53311, Government Code; and Sections 1771.3 in effect on January 1, 2012 through June 19, 2014 and 1771.5, Labor Code.
History
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, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
6. Amendment of definition “Modernization Eligibility” filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
8. Amendment filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction adding definition of “Unfunded List” (Register 2001, No. 6).
10. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
11. Amendment of definition “Approved Applications,” new definitions “Governmental Agency,” “In Escrow, Governmental Agencies,” “In Escrow, Non-Governmental Agencies” and “Instrument” and amendment of Note filed 7-25-2001; operative 7-25-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 30).
12. Amendment of definition of “Approved Application(s)” filed 8-13-2001; operative 8-13-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 33).
13. New definition of “Proposition 39” filed 12-21-2001; operative 12-21-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 51).
14. Amendment of section and Note filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
15. Amendment of definition of “Approved Applications,” new definitions of “Major Maintenance” and “Material Inaccuracy” and amendment of Note filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
16. 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.
17. Amendment of definitions of “Approved Application(s)” and “Form SAB 50-04” and new definition of “General Site Development” filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 6).
18. 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.
19. Amendment of definitions of “Approved Application(s),” “Approved Application for Joint-Use Funding,” “Form SAB 50-03,” “Form SAB 50-04,” “Form SAB 50-05,” “Form SAB 50-07,” “Form SAB 50-08” and “School District,” new definition of “Net School Building Capacity” and amendment of Note filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
20. 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.
21. Amendment of definitions of “Approved Application(s),” “Approved Application for Joint-Use Funding,” “Form SAB 50-03,” “Form SAB 50-04,” Form SAB 50-05,” “Form SAB 50-07,” “Form SAB 50-08” and “School District,” new definition of “Net School Building Capacity” and amendment of Note refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
22. Amendment of definition of “Form SAB 50-04” filed 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). 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.
23. Amendment of definitions of “Approved Applications,” “Approved Application for Joint-Use Funding,” “Form SAB 50-04,” “Form SAB 50-05,” and “Form SAB 50-07,” new definition of “Labor Compliance Program” and amendment of Note filed 8-25-2003 as an emergency; operative 8-25-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-23-2003 or emergency language will be repealed by operation of law on the following day.
24. 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.
25. Amendment of definitions of “Approved Application(s),” “Approved Application for Joint-Use Funding,” “Form SAB 50-03,” “Form SAB 50-04,” Form SAB 50-05,” “Form SAB 50-07,” “Form SAB 50-08” and “School District,” new definition of “Net School Building Capacity” and amendment of Note refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
26. Amendment of definition of “Form SAB 50-04” refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
27. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
28. Reinstatement of section as it existed prior to 8-25-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 9).
29. Amendment of definition of “Form SAB 50-04” refiled 3-2-2004 as an emergency; operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
30. Certificate of Compliance as to 10-9-2003 order, including further amendment of section, transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).
31. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
32. Amendment of definitions of “Approved Application for Joint-Use Funding” and “Form SAB 50-07,” new definition of “Reconfigure” and repealer of definition of “Type III Joint-Use Project” 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.
33. New definitions of “Charter School Facility Account,” “Hazardous Material/Waste Removal Fund,” “Relocation/DTSC Fee Fund,” “Restricted Charter School Fund” and “Unrestricted Charter School Fund” and amended definitions of “Financially Sound,” “Form SAB 50-05,” “Form SAB 50-09,” “Large Charter School,” “Low-income,” “Medium Charter School,” “Region Two,” “Region Three” and “Small Charter School” filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
34. Amendment of definition of “Form SAB 50-08” filed 7-2-2004; operative 7-2-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 27).
35. Amendment of definition of “Form SAB 50-04,” new definition of “Occupancy” and amendment of Note filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004 or emergency language will be repealed by operation of law on the following day.
36. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-28-2004 and filed 8-9-2004 (Register 2004, No. 33).
37. Certificate of Compliance as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No. 45).
38. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
39. Amendment of definitions of “Approved Applications” and “Form SAB 50-04” and amendment of Note filed 12-6-2004; operative 12-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 50).
40. Certificate of Compliance as to 7-22-2004 order transmitted to OAL 11-12-2004 and filed 12-16-2004 (Register 2004, No. 51).
41. Amendment of definitions of “Approved Applications,” “Approved Application for Joint-Use Funding,” “Form SAB 50-04,” “Form SAB 50-05,” “Form SAB 50-07,” “Form SAB 50-08” and “Form SAB 50-09,” new definition of “Labor Compliance Program” and amendment of Note filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
42. New definition of “Alternative Education” and amendment of definitions of “Approved Application(s),” “Form SAB 50-04” and “Form SAB 50-05” filed 1-31-2005; operative 1-31-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
43. Amendment of definitions of “Approved Application(s),” “Form SAB 50-03,” “Form SAB 50-04” and “Modernization Grant” filed 2-3-2005; operative 2-3-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 6).
44. Amendment of definition of “Form SAB 50-05” filed 2-23-2005; operative 2-23-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 8).
45. Amendment of definition of “Class B Construction Cost Index” filed 2-28-2005 as an emergency; operative 2-28-2005 (Register 2005, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-28-2005 or emergency language will be repealed by operation of law on the following day.
46. Amendment of definitions of “Approved Application(s)” and “Form SAB 50-01” and new definition of “Date of Occupancy” filed 4-26-2005; operative 4-26-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 17).
47. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
48. New definition of “Existing School Site” filed 5-24-2005 as an emergency; operative 5-24-2005 (Register 2005, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-21-2005 or emergency language will be repealed by operation of law on the following day.
49. Editorial correction of definition of “Alternative Education” (Register 2005, No. 21).
50. Amendment of definitions of “Approved Applications,” “Approved Application for Joint-Use Funding,” “Form SAB 50-04,” “Form SAB 50-07” and “Form SAB 50-09” filed 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-23-2005 or emergency language will be repealed by operation of law on the following day.
51. Certificate of Compliance as to 2-28-2005 order transmitted to OAL 5-11-2005 and filed 5-27-2005 (Register 2005, No. 21).
52. Certificate of Compliance as to 5-24-2005 order transmitted to OAL 9-16-2005 and filed 10-24-2005 (Register 2005, No. 43).
53. Amendment of definitions of “Approved Application(s)” and “Form SAB 50-01” filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 43).
54. Certificate of Compliance as to 5-26-2005 order transmitted to OAL 9-19-2005 and filed 10-31-2005 (Register 2005, No. 44).
55. Amendment of definitions of “Approved Application(s)” and “Form SAB 50-04,” new definitions of “Reconfiguration,” “Small High School” and “Small High School Program” and amendment of Note filed 3-14-2006; operative 3-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 11).
56. New definitions of “Alternative Enrollment Projection” and “Demographic Research Unit” and amendment of definitions of “Approved Application(s)” and “Form SAB 50-04” filed 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
57. Certificate of Compliance as to 5-15-2006 order transmitted to OAL 7-19-2006 and filed 8-11-2006 (Register 2006, No. 32).
58. Repealer of definition of “CEC,” amendment of definition of “EnergyPro 3.1” and new definition of “Proposition 55” filed 8-21-2006 as an emergency; operative 8-21-2006 (Register 2006, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-2006 or emergency language will be repealed by operation of law on the following day.
59. Amendment of definitions of “Form SAB 50-04” and “Form SAB 50-09” filed 9-5-2006 as an emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be repealed by operation of law on the following day.
60. Certificate of Compliance as to 8-21-2006 order transmitted to OAL 11-9-2006 and filed 12-18-2006 (Register 2006, No. 51).
61. Certificate of Compliance as to 9-5-2006 order, including further amendment of definition of “Form SAB 50-04,” amendment of “Form SAB 50-05” and new definition of “Piggyback Contract,” transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No. 7).
62. New definitions of “Charter School Agreements,” “Charter School Facilities Program Rehabilitation” and “High Performance School Account,” amendment of definitions of “Charter School Facility Account,” “Charter School General Location,” “Form SAB 50-04,” “Form SAB 50-06,” “Form SAB 50-09,” “Low-income,” “Rural Area,” “Suburban Area,” “Unrestricted Charter School Fund” and “Urban Area” and amendment of Note filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
63. Editorial correction of History 61 (Register 2007, No. 28).
64. New definitions of “Approved Application for Career Technical Education Facilities Project Funding,” “Career Technical Education Facilities Project,” “Reconfigure,” “Service Region” and “Form SAB 50-10,” amendment of definitions of “Form SAB 50-04” and “Form 50-05” and repealer of definitions of “Comprehensive High School,” “Large New Construction Project” and “Large Modernization Project” filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
65. Change without regulatory effect amending definitions of “Form SAB 50-04” and “Form SAB 50-05” filed 7-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 29).
66. Amendment of definitions of “Approved Application(s),” “Form SAB 50-03,” “Form SAB 50-04” and “Form SAB 50-05” filed 7-18-2007; operative 7-18-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 29).
67. Amendment of definitions of “Form SAB 50-04” and “Form SAB 50-06,” new definitions of “Form SAB 50-11,” “Overcrowding Relief Grant,” “Overcrowding Relief Grant Eligibility Determination” and “Overcrowding Relief Grant Pupil Eligibility” and amendment of definition of “School District” and of Note filed 8-31-2007; operative 8-31-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).
68. New definition of “High Performance Rating Criteria” filed 10-1-2007; operative 10-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
69. Amendment of definition of “Charter School Facility Account” and new definition of “Conversion Increase Fund” filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
70. Editorial correction of History 64 (Register 2007, No. 52).
71. Amendment of definition of “Form SAB 50-01” filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
72. Certificate of Compliance as to 7-13-2007 order, including further amendment of definitions of “Form SAB 50-04,” “Form SAB 50-05” and “Form SAB 50-10,” transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
73. Amendment of definitions of “Approved Application(s)” and “Form SAB 50-04,” new definition of “Most Vulnerable Category 2 Buildings” and amendment of Note filed 4-30-2008; operative 4-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 18).
74. Amendment of definition of “Non-Profit Organization” filed 8-14-2008; operative 8-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 33).
75. Amendment of definitions of “Committee,” “County Fund,” “Department,” “Form SAB 50-01,” “Fund,” “Non-Severely Disabled Individual with Exceptional Needs,” “SFP New Construction Account” and “Small School District” and new definitions of “Linear Regression,” “Proposition 1D” and “Zone Improvement Project (ZIP) Code” filed 10-21-2008; operative 10-21-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 43).
76. Amendment of definitions of “Approved Application(s),” “Form SAB 50-03” and “Form SAB 50-05” and new definition of “Resolution of Necessity” filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
77. New definition of “Inactive Apportionment” filed 4-9-2009 as an emergency; operative 4-9-2009 (Register 2009, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-6-2009 or emergency language will be repealed by operation of law on the following day.
78. New definitions of “Inactive Preliminary Apportionment” and “Inactive Preliminary Charter School Apportionment” filed 4-22-2009 as an emergency; operative 4-22-2009 (Register 2009, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2009 or emergency language will be repealed by operation of law on the following day.
79. Certificate of Compliance as to 4-9-2009 order transmitted to OAL 9-24-2009 and filed 11-3-2009 (Register 2009, No. 45).
80. Certificate of Compliance as to 4-22-2009 order transmitted to OAL 9-29-2009 and filed 11-9-2009 (Register 2009, No. 46).
81. Amendment of definitions of “Approved Application(s),” “Form SAB 50-02,” “Form SAB 50-03” and “Form SAB 50-04” filed 11-24-2009; operative 11-24-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 48).
82. Amendment of definition of “Most Vulnerable Category 2 Buildings” filed 11-24-2009 as an emergency; operative 11-24-2009 (Register 2009, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-24-2010 or emergency language will be repealed by operation of law on the following day.
83. Amendment of definitions of “Form SAB 50-01” and “Form SAB 50-02” filed 2-24-2010; operative 2-24-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 9).
84. Certificate of Compliance as to 11-24-2009 order transmitted to OAL 4-1-2010 and filed 5-6-2010 (Register 2010, No. 19).
85. Amendment of definition of “Unfunded List” and new definition of “Unfunded List (Lack of AB 55 Loans)” filed 10-4-2010 as an emergency; operative 10-4-2010 (Register 2010, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-4-2011 or emergency language will be repealed by operation of law on the following day.
86. Amendment of definition of “Form SAB 50-04” filed 11-22-2010; operative 11-22-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 48).
87. Change without regulatory effect amending definitions of “Form SAB 50-02,” “Form SAB 50-03,” “Form SAB 50-04,” “Form SAB 50-06,” “Form SAB 50-07,” “Form SAB 50-08,” “Form SAB 50-09” and “Form SAB 50-10” filed 1-13-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 2).
88. Amendment of definition of “Form SAB 50-04” and new definitions of “High Performance Base Incentive Grant” and “Project Information Worksheet” filed 1-25-2011; operative 1-25-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 4).
89. Amendment of definition of “Unfunded List” and new definition of “Unfunded List (Lack of AB 55 Loans)” refiled 4-5-2011 as an emergency; operative 4-5-2011 (Register 2011, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
90. Certificate of Compliance as to 4-5-2011 order transmitted to OAL 6-10-2011 and filed 7-6-2011 (Register 2011, No. 27).
91. Amendment of definition of “Most Vulnerable Category 2 Buildings” filed 9-8-2011 as an emergency; operative 9-8-2011 (Register 2011, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-6-2012 or emergency language will be repealed by operation of law on the following day.
92. Amendment of definition of “Most Vulnerable Category 2 Buildings” refiled 3-13-2012 as an emergency; operative 3-13-2012 (Register 2012, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-11-2012 or emergency language will be repealed by operation of law on the following day.
93. Amendment of definitions of “Form SAB 50-04,” “Form SAB 50-05,” “Form SAB 50-07,” “Form SAB 50-08,” “Form SAB 50-09,” “Form SAB 50-10” and “Labor Compliance Program (LCP),” new definition of “Total Projected Bond Apportionment” 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.
94. Certificate of Compliance as to 3-13-2012 order transmitted to OAL 4-5-2012 and filed 5-10-2012 (Register 2012, No. 19).
95. Amendment of definition of “Form SAB 50-04” filed 5-15-2012; operative 5-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 20).
96. Amendment of definition of “Form SAB 50-04,” repealer of definitions of “Reconfiguration,” “Small High School” and “Small High School Program” and amendment of Note filed 8-16-2012; operative 8-16-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 33).
97. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
98. Amendment of definition of “Form SAB 50-10” filed 10-23-2012; operative 10-23-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 43).
99. New definitions of “Applications Received Beyond Bond Authority List,” “Bond Authority” and “Insufficient Bond Authority” and amendment of definitions of “Approved Application(s)” and “Form SAB 50-04” filed 11-1-2012 as an emergency; operative 11-1-2012 (Register 2012, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2013 or emergency language will be repealed by operation of law on the following day.
100. Amendment of definition of “Form SAB 50-05” filed 12-6-2012; operative 12-6-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 49).
101. Amendment of definition of “Form SAB 50-05” filed 12-31-2012 as an emergency; operative 12-31-2012 (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.
102. Certificate of Compliance as to 11-1-2012 order transmitted to OAL 1-30-2013 and filed 3-11-2013 (Register 2013, No. 11).
103. New definition of “Multipurpose Gymnasium/Hybrid” filed 3-12-2013; operative 7-1-2013 (Register 2013, No. 11).
104. Amendment of definition of “Form SAB 50-05” 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.
105. Certificate of Compliance as to 12-31-2012 order transmitted to OAL 5-17-2013 and filed 6-25-2013 (Register 2013, No. 26).
106. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).
107. New definitions of “Facility Hardship Square Footage Grant” and “Seismic Rehabilitation Grant” and amendment of definitions of “Form SAB 50-04,” “High Performance Rating Criteria” and “Rehabilitation Cost” filed 11-4-2013; operative 1-1-2014 (Register 2013, No. 45).
108. New definition of “Charter School Facilities Program Rehabilitation Grant” and amendment of definitions of “Financially Sound,” “Form SAB 50-04,” “Form SAB 50-09,” “Preliminary Charter School Application,” “Preliminary Charter School Apportionment” and “Total Projected Bond Apportionment” filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
109. Amendment of definitions of “Form SAB 50-04,” “Form SAB 50-05,” “Form SAB 50-07,” “Form SAB 50-08,” “Form SAB 50-09” and “Form SAB 50-10” and amendment of Note filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45).
110. Amendment of definition of “Form SAB 50-04” filed 12-23-2015; operative 12-23-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
111. Amendment of definition of “Form SAB 50-04” filed 7-13-2016; operative 7-13-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 29).
112. Amendment of definition of “Portable Classroom” filed 12-12-2016; operative 12-12-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 51).
113. New definition of “Qualified Historical School Building” and amendment of definitions of “Form SAB 50-04” and “Form SAB 50-05” filed 6-19-2017; operative 6-19-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 25).
114. Amendment of definition of “Form SAB 50-05” and new definition of “Grant Agreement” filed 9-20-2017 as an emergency; operative 9-20-2017 (Register 2017, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
115. Amendment of definition of “Form SAB 50-04” filed 9-22-2017 as an emergency; operative 9-22-2017 (Register 2017, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
116. Certificate of Compliance as to 9-22-2017 order transmitted to OAL 3-16-2018 and filed 4-12-2018 (Register 2018, No. 15).
117. Amendment of definitions of “Form SAB 50-04,” “Seismic Rehabilitation Grant” and “SFP New Construction Account” filed 4-16-2018 as an emergency; operative 4-16-2018 (Register 2018, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-15-2018 or emergency language will be repealed by operation of law on the following day.
118. Certificate of Compliance as to 9-20-2017 order transmitted to OAL 3-15-2018 and filed 4-23-2018 (Register 2018, No. 17).
119. Certificate of Compliance as to 4-16-2018 order transmitted to OAL 8-14-2018 and filed 9-26-2018 (Register 2018, No. 39).
120. Amendment of definitions of “Rural Area” and “Suburban Area” filed 6-11-2020; operative 6-11-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 24).
121. Amendment of definitions of “Facility Hardship,” “Facility Hardship Square Footage Grant,” “Form SAB 50-04,” “Most Vulnerable Category 2 Buildings,” “Rehabilitation Cost” and “Seismic Rehabilitation Grant” and new subsections “Portable Classroom Replacement Grant” and “Portable Toilet Replacement Grant” 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.
122. Certificate of Compliance as to 8-30-2020 order, including amendment of definitions of “Portable Classroom Replacecement Grant” and “Portable Toilet Replacement Grant”, transmitted to OAL 5-5-2021 and filed 6-16-2021; amendments operative 6-16-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25).
123. Amendment of definition of “Grant Agreement” filed 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-8-2023 or emergency language will be repealed by operation of law on the following day.
124. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 5-3-2023 and filed 6-13-2023 (Register 2023, No. 24).
125. Amendment of definitions of “Form SAB 50-06” and “Grant Agreement” filed 2-1-2024; operative 2-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 2, § 1859.2, 2 CA ADC § 1859.2
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