1. (a) A Preliminary Apportionment not converted or requested to be converted to a Final Apportionment shall be rescinded:

   1. (1) After one year from the date the Preliminary Apportionment was made unless the CDE has determined:

      1. (A) There is at least one approvable site for the project within the General Location; and,
      2. (B) The General Location of the proposed school will serve the Qualifying Pupils assigned to the Preliminary Application.
   2. (2) After four years from the date the Preliminary Apportionment was made unless the district received approval of an extension pursuant to Section 1859.148.1.
   3. (3) After five years from the date the Preliminary Apportionment was made if the district qualified for an extension pursuant to Section 1859.148.1.

2. (b) If a Preliminary Apportionment that did not have an advance release of funds pursuant to Section 1859.153 is rescinded, the following will occur:

   1. (1) The SFP new construction baseline eligibility will be increased for the pupils assigned to the Preliminary Application not previously included in an apportionment pursuant to Section 1859.81.1(e). The previous design only apportionment, prior to November 5, 2002, shall be reduced to cost incurred with a corresponding SFP new construction baseline eligibility adjustment and closeout pursuant to Section 1859.106.
   2. (2) The Qualifying Pupil baseline eligibility will be increased by the Qualifying Pupils assigned to meet the 75 percent requirement in Section 1859.142(c) of the Preliminary Application.
   3. (3) Any Preliminary Apportionment rescinded is subject to accountability pursuant to Section 1859.154(c).

   4. (4) The district may request funding for the proposed project again, without restriction under any SFP Program, provided the project meets the eligible criteria of that specific program. Re-submittal of the funding request may occur as follows:

      1. (A) If the project was rescinded pursuant to (a)(1) or (a)(3), anytime after the Preliminary Apportionment is rescinded.
      2. (B) If the project was rescinded pursuant to (a)(2) and the final plans for the project are not complete within four years of the Preliminary Apportionment, anytime after the Preliminary Apportionment is rescinded.
      3. (C) If the project was rescinded pursuant to (a)(2) and the final plans for the project were completed within four years after the Preliminary Apportionment, anytime after a period of five years from the date of the Preliminary Apportionment.
   5. (5) The Preliminary Apportionment shall be transferred to the Unrestricted Fund within the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account.

3. (c) If a Preliminary Apportionment that had an advance release of funds as provided in Section 1859.153 and/or an apportionment pursuant to Section 1859.81.1(e) prior to November 5, 2002, is rescinded pursuant to (a)(2) or (a)(3), the following will occur:

   1. (1) The remaining Preliminary Apportionment, not released to the district, shall be transferred to the Unrestricted Fund within the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account.
   2. (2) Funds released pursuant to Sections 1859.81.1(e) and 1859.153 shall be reduced to cost incurred and closeout pursuant to Section 1859.106 with a corresponding SFP new construction baseline eligibility adjustment for the pupils assigned to the Preliminary Application. Funds returned pursuant to Section 1859.106 shall be transferred to the Unrestricted Fund within the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account.
   3. (3) The Qualifying Pupil baseline eligibility will be adjusted proportionately to the adjustment in (c)(2) and maintain the ratio of the SFP New Construction Eligibility to Qualifying Pupils assigned to meet the requirements in Section 1859.142(c) of the Preliminary Application.
   4. (4) Any Preliminary Apportionment rescinded is subject to accountability pursuant to Section 1859.154(c).

   5. (5) The district may request funding for the proposed project again, in accordance with (b)(4), provided this rescinded Preliminary Apportionment is disclosed.

      Should the district not submit Form SAB 50-04 pursuant to Section 1859.150 within the time limits of this Section, the district must report the final expenditures on the project on the Form SAB 50-06 to the OPSC within 30 days of the OPSC notification. If the expenditure report for funds released pursuant to Section 1859.153(a), (b) and/or (c) is not received within the 30-day period, the OPSC will recommend that the Preliminary Apportionment be rescinded and any interest earned on State funds be returned to the State.

Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17078.22 and 17078.25, Education Code.

History

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. Amendment of subsections (b), (b)(1), (b)(3) and (b)(4)(C) and new subsections (b)(5)-(c)(5) 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.

3. Amendment of subsections (b), (b)(1), (b)(3) and (b)(4)(C) and new subsections (b)(5)-(c)(5) 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.

4. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).

5. Amendment of subsections (b), (b)(1), (b)(3) and (b)(4)(C) and new subsections (b)(5)-(c)(5) 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.

6. Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No. 22).