Cal. Code Regs. tit. 2 § 1859.324.1

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 1859.324.1 - Grant Adjustments

After review of a Form SAB 61-04, projects that require a Grant Adjustment will be presented to the Board for approval based upon one of the following review determinations:

(a) If the expenditures are less than the Grant, the Grant will be deemed the full and final apportionment for the project and the OPSC shall recommend to the Board that the Apportionment be reduced by the amount of savings realized by the LEA. The savings, which include any interest earned on the Grant funds, either declared by the LEA or determined by the OPSC, must be returned to the State when the LEA submits the form SAB 61-04 to the OPSC. If the LEA fails to make the required payment, the OPSC shall notify the Controller and the LEA in writing, and the Controller shall deduct an amount equal to the amount due by the LEA under this subdivision from the LEA's next principal apportionment or apportionments of state funds to the LEA, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. Any amounts obtained pursuant to this Section shall be deposited into the School Facilities Emergency Repair Account and will be made available for the funding of future ERP Grants and Grant Adjustments.

(b) If the expenditures are greater than the Grant apportionment, provided the additional expenditures are associated with the project's original scope, the OPSC shall recommend to the Board that the Apportionment be increased. The Grant Adjustment will be deemed as the full and final apportionment for the project.

(c) If the expenditures are equal to the Grant, no further Board action is necessary. The Grant will be deemed as the full and final apportionment for the project.

Cal. Code Regs. Tit. 2, § 1859.324.1

1. New section filed 7-2-2007 as an emergency; operative 7-2-2007 (Register 2007, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-31-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-2-2007 order transmitted to OAL 11-5-2007 and filed 12-18-2007 (Register 2007, No. 51).
3. Amendment of subsection (a) filed 8-31-2009; operative 8-31-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 36).

Note: Authority cited: Section 17592.73, Education Code. Reference: Sections 17592.72 and 17592.73, Education Code.