1. (a) For the funding provided pursuant to Section 1860.3(a), funds available for the Program from the 2018-2019 Budget Act must be encumbered by the Board by June 30, 2021. Funds that are not completely encumbered or that return to the Program through project rescissions may be applied as follows:

   1. (1) Any funds that return on or before June 30, 2021, shall be returned to the Full-Day Kindergarten Facilities Grant Program Account and may be used to provide additional Apportionments.
   2. (2) Any funds that return, or remain unencumbered by the Board, after June 30, 2021, shall be returned to the General Fund.

2. (b) For the funding provided pursuant to Section 1860.3(b), funds available for the Program from the 2021-22 Budget Act must be encumbered by the Board by June 30, 2027. Funds that are not completely encumbered or that return to the Program through project rescissions may be applied as follows:

   1. (1) Any funds that return on or before June 30, 2027, shall be returned to the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program Account and may be used to provide additional Apportionments.
   2. (2) Any funds that return or remain unencumbered by the Board, after June 30, 2027, shall be returned to the General Fund.

3. (c) For the funding provided pursuant to Section 1860.3(c), funds available for the Program from the 2022-23 Budget Act must be encumbered by the Board by June 30, 2028. Funds that are not completely encumbered or that return to the Program through project rescissions may be applied as follows:

   1. (1) Any funds that return on or before June 30, 2028, shall be returned to the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program Account and may be used to provide additional Apportionments.
   2. (2) Any funds that are returned and remain unencumbered by the Board, after June 30, 2028, shall be returned to the General Fund.

4. (d) For the funding provided pursuant to Section 1860.3(c), funds available for the Program from the 2024-25 Budget Act must be encumbered by the Board by June 30, 2030. Funds that are not completely encumbered or that return to the Program through project rescissions may be applied as follows:

   1. (1) Any funds that return on or before June 30, 2030, shall be returned to the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program Account and may be used to provide additional Apportionments.
   2. (2) Any funds that are returned and remain unencumbered by the Board, after June 30, 2030, shall be returned to the General Fund.
5. (e) New school facilities built in accordance with the Program shall not be included in the eligibility determination used for the purposes of the School Facilities Program pursuant to EC Section 17071.25.
6. (f) A school district shall not use Program funds to purchase, or install, Portable Classrooms.

Note: Authority cited: Section 17375, Education Code; and Sections 16304 and 16304.1, Government Code. Reference: Section 17375, Education Code.

History

1. New section filed 12-14-2018 as an emergency; operative 12-14-2018 (Register 2018, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-14-2018 order transmitted to OAL 6-11-2019 and filed 7-17-2019 (Register 2019, No. 29).

3. Repealer and new section filed 2-18-2020 as an emergency; operative 2-18-2020 (Register 2020, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2020 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-18-2020 order transmitted to OAL 8-14-2020 and filed 9-24-2020 (Register 2020, No. 39).

5. Repealer of subsections (b)-(b)(2) and subsection relettering filed 11-19-2021 as an emergency; operative 1-19-2021 (Register 2021, No. 4). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-16-2021 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 1-19-2021 order transmitted to OAL 7-1-2021 and filed 8-13-2021 (Register 2021, No. 33).

7. Amendment of subsection (a)(2), new subsections (b)-(b)(2), subsection relettering and amendment of newly designated subsection (c) filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 3-21-2022 order, including designation of last paragraph as subsection (d), transmitted to OAL 9-16-2022 and filed 10-27-2022; amendments effective 10-27-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).

9. New subsections (c)-(d)(2) and subsection relettering filed 11-16-2022 as an emergency; operative 11-16-2022 (Register 2022, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-15-2023 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 11-16-2022 order transmitted to OAL 5-8-2023 and filed 6-20-2023 (Register 2023, No. 25).

11. Amendment of subsections (b)-(d)(2) filed 6-3-2024; operative 10-1-2024 (Register 2024, No. 23).