California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 1 - Board of State and Community Corrections
Chapter 1 - Board of State and Community Corrections
Subchapter 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program
Article 4 - Administration of Reimbursements and Project Monitoring
Section 1856 - Disbursement of State Reimbursements
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No state moneys shall be encumbered in contracts let by a participating county until either (i) construction document plans and specifications have been approved by the BSCC pursuant to Section 1849 and subsequent construction bids have been received, or (ii) performance criteria or performance criteria and concept drawings have been approved by the BSCC pursuant to Section 1849.1(a) and the design-build contract has been awarded.
(b) Upon approval of the participating county's proposal by the BSCC and execution of the BSCC agreement, a state reimbursement schedule will be established by the BSCC.
(c) Requests for state reimbursements shall include such supporting documentation as may be required by the BSCC and/or CDCR and, in the event of deficiencies in the request, the participating county shall be notified by the BSCC of the deficiencies as soon as practicable.
(d) State reimbursements shall be made in arrears on a schedule mutually agreed to by the BSCC and the participating county and established in the BSCC agreement.
(e) No state reimbursements will be made until the participating county has complied with all applicable state requirements.
(f) Participating counties including any design costs as state reimbursed costs, for one or more phases of design, may not proceed with that phase of design process until after the project scope, cost, and schedule are established by the Board.
(g) If a design-bid-build project budget includes any state reimbursements for working drawings/construction documents phase costs, the Board must approve preliminary plans/design development drawings before the participating county can commence work on the working drawings and/or construction documents phase. If a participating county commences any working drawings and/or construction documents phase activities before obtaining approval of preliminary plans and/or design development drawings from the Board, the entire state portion of the project financing shall be forfeited and the state will not reimburse any participating county project costs.
(h) If a design-build project budget includes any state reimbursements for design-build phase costs, the Board must approve performance criteria or performance criteria and concept drawings before the participating county can commence work on the design-build phase. For any project that includes any state reimbursement of the design-build phase costs, if the participating county commences any design-build phase activities before obtaining approval of performance criteria or performance criteria and concept drawings from the Board, the entire state portion of the project financing shall be forfeited and the state will not reimburse any participating county project costs.
(i) At such time as the balance of anticipated total state reimbursements reaches five percent (5%), for Local Youthful Offender Rehabilitative Facilities projects, the BSCC shall withhold that amount as security. When a participating county is unlikely or ineligible to draw 100 percent (100%) of the conditional award amount, the state shall withhold the final 5% of eligible state reimbursements. The withheld amount will be released to the participating county upon compliance with all of the applicable terms in the BSCC agreement, project delivery and construction agreement, other agreements applicable to the financing, and applicable conditions and requirements of law and regulation. These requirements of law and regulations include:
1. New article 4 (sections 1856-1872) and section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3. Amendment of article heading, section heading and section filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or emergency language will be repealed by operation of law on the following day.
4. Amendment of article heading, section heading and section refiled 3-16-2015 as an emergency; operative 3-18-2015 pursuant to Government Code section 11346.1(d) (Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-16-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-16-2015 order, including further amendment of subsections (g), (h) and (i), transmitted to OAL 6-11-2015 and filed 7-15-2015; amendments effective 7-15-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 29).
Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1973 and 1975, Welfare and Institutions Code.
