1. (a) A modernization funding request that is submitted at the same time as the Joint-Use Project application.

2. (b) An Approved Application for modernization funding that has not yet received an approval (i.e., not yet on the Unfunded List) if all the following criteria are met:

   1. (1) The plans and specifications for the Joint-Use Project were not included in the original DSA approved plans and specifications for the Approved Application for modernization funding.
   2. (2) The original DSA approved plans and specifications for the Approved Application for modernization funding are modified to incorporate the plans and specifications for the Joint-Use Project.
   3. (3) The district has withdrawn the Approved Application for modernization funding pursuant to Section 1859.107 for the benefit of adding a Joint-Use Project.
   4. (4) A revised modernization funding application and the Joint-Use Project application are resubmitted to the OPSC at the same time.

3. (c) An Approved Application for modernization funding that has been approved, but has not received a full apportionment (i.e., currently on the Unfunded List) or has been fully funded, if all the following criteria are met:

   1. (1) The plans and specifications for the Joint-Use Project were included in the original DSA approved plans and specifications for the Approved Application for modernization funding.
   2. (2) The contract for the construction of the Joint-Use Project was not executed prior to April 29, 2002.
   3. (3) The district entered into a joint-use agreement that meets or will be amended to meet the criteria of Education Code Section 17077.42.
   4. (4) The Joint-Use Project application is submitted separately. There is no requirement that the Approved Application for modernization be withdrawn from the Unfunded List.

For purposes of meeting the requirements in Sections 1859.122.1(a) or 1859.122.2, the district may combine the plans and specifications of its Joint-Use Project with any of the following modernization applications:

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

History

1. New section 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 A Certificate of Compliance must be transmitted to OAL by 9-20-2004 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-21-2004 order, including further amendment of subsection (c)(3), transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No. 45).

3. Amendment of subsection (c)(3) 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.

4. Certificate of Compliance as to 5-24-2005 order transmitted to OAL 9-16-2005 and filed 10-24-2005 (Register 2005, No. 43).