§ 10152. Definitions.

(a) “Account” shall have the meaning set forth in Education Code section 17078.52(c)(2).

(b) “Advance Apportionment” shall mean an advance release of funds for design or site acquisition pursuant to Preliminary Apportionment and submission of a completed application to the State Allocation Board, and prior to the approval of the project by the Department of General Services.

(c) “Applicant” shall mean the charter school or school district that has applied for financing pursuant to and meets the requirements set forth in Education Code section 17078.53(b).

(d) “Application” shall mean a completed Form SAB 50-09, as defined and developed by the Board, and Form CSFA 03-01, revised 3/04, as developed by the Authority and available on its Web site (www.treasurer.ca.gov/csfa/charter/application.pdf), and all other documents required to be submitted to the Board and Authority. Form CSFA 03-01, revised 3/04, is incorporated by reference for purposes of this Article.

(e) “Authority” shall have the meaning set forth in Education Code section 17172.

(f) “Board” shall mean the State Allocation Board.

(g) “Charter school” shall mean a school as established in California pursuant to Education Code Section 47600, et seq.

(h) “Chartering authority” shall mean the governing board of the school district, county office of education or the State Board of Education that granted a school's petition to become a charter school pursuant to Education Code section 47605.

(i) “Co-borrower” or “Guarantor” shall mean an entity other than the applicant that has agreed to secure the payment of the local matching share, either separately or in conjunction with the applicant.

(j) “Final Apportionment” shall mean a Preliminary Apportionment that has been converted to Final Apportionment in accordance with California Code of Regulations, title 2, Section 1859.165.

(k) “Financial hardship” for purposes of this Article shall mean the demonstrated inability, to the Authority's satisfaction, to make lease payments as required in an applicant's lease agreement. The revocation of a school's charter shall not qualify as financial hardship.

(l) “Financially sound” shall have the meaning set forth in Education Code section 17078.52(c)(4).

(m) “Funding Agreement” shall mean the agreement describing the terms of payment of the local matching share.

(n) “Intercept” shall mean the specific method for repayment of the local matching share pursuant to Education Code section 17199.4(a)(4).

(o) “Local Matching Share” shall mean 50% of total project costs that is to be repaid to the State.

(p) “Material contract” shall mean a contract between a charter school and any vendor that is in excess of 5 percent of charter school gross revenues.

(q) “Memorandum of Understanding” shall mean the agreement setting forth the terms of use of program funds and project facilities.

(r) “Preliminary Apportionment” shall mean a reservation of funds made pursuant to Education Code section 17078.52(c)(3).

(s) “Program Agreements” shall mean the Memorandum of Understanding and the Funding Agreement.

(t) “Program” shall mean the Charter School Facilities Program as established pursuant to Article 12 of Chapter 12.5 of Part 10 of the Education Code.

HISTORY

1. New section filed 2-13-2003 as an emergency; 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.

2. Certificate of Compliance as to 2-13-2003 order transmitted to OAL 6-12-2003 and filed 7-14-2003 (Register 2003, No. 29).

3. Amendment of section and Note filed 3-29-2004 as an emergency pursuant to Education Code section 17078.57(b); operative 3-29-2004 (Register 2004, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-27-2004 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section and Note refiled 7-19-2004 as an emergency pursuant to Education Code section 17078.57(b); operative 7-27-2004 (Register 2004, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 7-19-2004 order transmitted to OAL 11-8-2004 filed 12-23-2004 (Register 2004, No. 52).

6. Amendment of subsections (c), (g) and (h), new subsections (j)-(k), (m) and (p) and subsection relettering filed 11-3-2006 as an emergency; operative 11-3-2006 (Register 2006, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2007 or emergency language will be repealed by operation of law on the following day.

7. Reinstatement of section as it existed prior to 11-3-2006 emergency amendments pursuant to Government Code section 11346.1(f) (Register 2007, No. 39).

8. Amendment of subsections (b) and (g) filed 9-9-2010 as an emergency; operative 9-9-2010 (Register 2010, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-8-2011 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 9-9-2010 order, including further amendment of subsection (b), transmitted to OAL 1-19-2011 and filed 2-16-2011 (Register 2011, No. 7).

10. Amendment of section and Note filed 11-3-2011 as an emergency; operative 11-3-2011 (Register 2011, No. 44). A Certificate of Compliance must be transmitted to OAL by 5-1-2012 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 11-3-2011 order, including further amendment of subsection (c) and Note, transmitted to OAL 2-7-2012 and filed 3-5-2012 (Register 2012, No. 10).

Note

Note: Authority cited: Sections 17078.57, 17179, 17180 and 17180.5, Education Code. Reference: Sections 17078.52, 17078.53, 17078.57 and 17199.4, Education Code; and Title 2, Division 4, Part 26.8 (commencing with section 47600), Education Code.