Article 3. Duties Of The Chancellor of California Education Code >> Division 7. >> Title 3. >> Part 50. >> Chapter 3. >> Article 3.
The board of governors shall adopt regulations providing for
the payment of apportionments to districts on a schedule to include
an advance apportionment and a first and second principal
apportionment. Unless and until the dates related to these
apportionments are amended in consultation with the Department of
Finance, the regulations shall provide for the following schedule of
payments as provided in this section:
(a) The board of governors shall certify estimated apportionments
to the Controller on or before July 15 of each year.
(b) The first principal apportionment shall be certified on or
before February 20 of each year, at which time shall also be made any
final apportionment and recalculation of prior years, as applicable.
(c) The second principal apportionment shall be certified on or
before June 25 of each year.
(a) Notwithstanding any other law, for the 2003-04 fiscal
year, warrants for the principal apportionments for the month of
June, for general apportionments in the amount of one hundred fifty
million dollars ($150,000,000) and for the Partnership for Excellence
in the amount of fifty million dollars ($50,000,000), shall instead
be drawn in July of the same calendar year pursuant to the
certification made under Section 84320.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the warrants
drawn pursuant to subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202, for the fiscal year in
which the warrants are drawn, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the fiscal
year in which the warrants are drawn.
(a) Notwithstanding any other law that governs the
regulations adopted by the Chancellor of the California Community
Colleges to disburse funds, the payment of apportionments to
community college districts pursuant to Sections 84320 and 84321
shall be adjusted by the following:
(1) For the month of February 2014, fifty-two million four hundred
fifty-six thousand dollars ($52,456,000) shall be deferred to July
2014.
(2) For the month of March 2014, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July 2014.
(3) For the month of April 2014, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July 2014.
(4) For the month of May 2014, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July 2014.
(5) For the month of June 2014, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July 2014.
(6) For the month of June 2015, ninety-four million four hundred
sixty-five thousand dollars ($94,465,000) shall be deferred to July
2015.
(b) (1) In satisfaction of the moneys deferred pursuant to
paragraphs (1) to (5), inclusive, of subdivision (a), the sum of five
hundred ninety-two million four hundred fifty-six thousand dollars
($592,456,000) is hereby appropriated in July of the 2014-15 fiscal
year from the General Fund to the Board of Governors of the
California Community Colleges for apportionments to community college
districts, for expenditure during the 2014-15 fiscal year, to be
expended in accordance with Schedule (1) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2013.
(2) In satisfaction of the moneys deferred pursuant to paragraph
(6) of subdivision (a), the sum of ninety-four million four hundred
sixty-five thousand dollars ($94,465,000) is hereby appropriated in
July of the 2015-16 fiscal year from the General Fund to the Board of
Governors of the California Community Colleges for apportionments to
community college districts, for expenditure during the 2015-16
fiscal year, to be expended in accordance with Schedule (1) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 2014.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, one hundred
thirty-eight million six hundred two thousand dollars ($138,602,000)
of the appropriations made by paragraph (1) of subdivision (b) shall
be deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202,
for the 2012-13 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the 2012-13
fiscal year.
(d) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, two hundred ninety-six
million three hundred fifty-four thousand dollars ($296,354,000) of
the appropriations made by paragraph (1) of subdivision (b) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202,
for the 2013-14 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the 2013-14
fiscal year.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, one hundred
fifty-seven million five hundred thousand dollars ($157,500,000) of
the appropriations made by paragraph (1) of subdivision (b) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202,
for the 2014-15 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the 2014-15
fiscal year.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, ninety-four million
four hundred sixty-five thousand dollars ($94,465,000) of the
appropriations made by paragraph (2) of subdivision (b) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202,
for the 2015-16 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the 2015-16
fiscal year.
(g) This section shall become operative on December 15, 2013.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(a) Commencing with the 2011-12 fiscal year, up to
thirteen million dollars ($13,000,000) of the amount of the warrants
for the principal apportionments for the month of June, that are
instead to be drawn in July pursuant to Section 84321.6, may be drawn
in June, subject to the approval of the Director of Finance, for a
community college district as follows:
(1) In order for a community college district to receive a payment
in June pursuant to this section, the community college district
shall certify to the Office of the Chancellor of the California
Community Colleges and to the Director of Finance on or before April
1 that the deferral of warrants pursuant to Section 84321.6 will
result in the community college district being unable to meet its
financial obligations for June and shall provide the Office of the
Chancellor of the California Community Colleges an estimate of the
amount of additional funds necessary for the community college
district to meet its financial obligations for the month of June.
(2) The criteria, as applicable, set forth in statute and
regulations to qualify a community college district for an emergency
apportionment shall be used to make the certification specified in
paragraph (1).
(3) A community college district may receive, pursuant to this
section, no more than the lesser of the following:
(A) The total amount of additional funds necessary for the
community college district to meet its financial obligations for the
month of June, as reported to the Office of the Chancellor of the
California Community Colleges pursuant to paragraph (1).
(B) The total payments the community college district is entitled
to receive in July for the prior fiscal year.
(b) If the total amount requested by community college districts
pursuant to paragraph (3) of subdivision (a) exceeds thirteen million
dollars ($13,000,000), the Controller, the Treasurer, and the
Director of Finance may authorize additional payments to meet these
requests, but total payments to community college districts pursuant
to this section shall not exceed thirty-nine million dollars
($39,000,000). No later than May 1, the Controller, the Treasurer,
and the Director of Finance shall determine whether sufficient cash
is available to make payments in excess of thirteen million dollars
($13,000,000) to a community college district. In making the
determination that cash is sufficient to make additional payments, in
whole or in part, the Controller, Treasurer, and Director of Finance
shall consider costs for state government, the scope of any
identified cash shortage, timing, achievability, legislative
direction, and the impact and hardship imposed on potentially
affected programs, entities, and related public services. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 10 days of this determination and identify the total
amount of requests that will be paid.
(c) If the total amount of cash made available pursuant to
subdivision (b) is less than the amount requested pursuant to
paragraph (2) of subdivision (a), payments to community college
districts shall be prioritized according to the date on which
notification was provided to the Office of the Chancellor of the
California Community Colleges and the Department of Finance.
(d) Payments pursuant to this section shall be made no later than
June 20.
(e) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202, for the fiscal year in which the
warrants are drawn and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202, for the fiscal year in
which the warrants are drawn.
Notwithstanding any other provision of law, a community
college district may recognize, for budgetary and financial reporting
purposes, any amount of state appropriations deferred from the
current fiscal year and appropriated in the subsequent fiscal year
for payment of current-year costs as a receivable in the current
fiscal year.
(a) The Board of Governors of the California Community
Colleges shall certify each apportionment made by it to the
Controller.
(b) The board of governors shall furnish an abstract of each
apportionment of the State School Fund to the Controller, the
Department of Finance, and to the county and city and county
auditors, county and city and county treasurers, and to the county
superintendents of schools of the several counties of the state.