Notwithstanding

Section 51452, the sum of twenty-five million dollars ($25,000,000) which is made available pursuant to subparagraph (

B) of paragraph (1) of subdivision (

a) of

Section of the Education Code, shall be transferred to the School Facilities Fee Assistance Fund and, notwithstanding

Section of the Government Code, is hereby continuously appropriated to the department for allocation for the agency for administrative costs and to make payments to purchasers of newly constructed residential structures pursuant to

Section 51451.5 from that fund, as follows: (

a) Twelve million five hundred thousand dollars ($12,500,000) shall be available for the program set forth in subdivision (

a) of

Section 51451.5, except that if less than percent of these funds are expended within months, all or part of those funds shall be available for the program set forth in subdivision (

b) of

Section 51451.5 at the discretion of the executive director of the agency. (

b) Twelve million five hundred thousand dollars ($12,500,000) shall be available for the program set forth in subdivision (

b) of

Section 51451.5, except that if less than percent of these funds are expended within months, all or part of those funds shall be available for the program set forth in subdivision (

a) of

Section 51451.5 at the discretion of the executive director of the agency. (

c) If after months, more than percent of the funds identified in subdivisions (

a) and (

b) are not expended, the executive director of the agency may make all or part of those funds available to the California Homebuyer’s Downpayment Assistance Program, as authorized under

Chapter 11 (commencing with

Section 51500). (

d) All repayments of disbursed funds pursuant to this

chapter or any interest earned from the investment in the Surplus Money Investment Fund or any other moneys accruing to the fund from whatever source shall be returned to the fund and is available for allocation by the agency to the program established pursuant to

Section 51451.5.