California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8034 - General Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority charges the following fees for reasonable and
				  necessary administrative and program expenses connected with the sale of
				  bonds:
(a) Where the financing
				requested is not eligible for allocation of volume cap pursuant to
				26 U.S.C. Section
				146, the Authority charges a fee for
				reasonable and necessary administrative and program expenses connected with the
				sale of the bonds. For an applicant who is not a small business as defined in
				Section 8020, the fee shall be one tenth of
				one percent (.001) of the face value of the bonds issued. In addition, the
				Authority will charge an annual fee each year for the life of the financial
				assistance in the amount of five one-hundredths of one percent (.0005) of the
				remaining balance of the financial assistance, with a minimum annual fee of
				$1,000 and a maximum annual fee of $75,000.
(b) In all other financings, the fee shall be
				two tenths of one percent (.002) of the face value of the bonds
				issued.
(c) The applicant shall
				also reimburse the Authority for all reasonable and necessary out of pocket
				expenses which the Authority may incur at the applicant's request and all other
				expenses direct or indirect, properly allocable to the proposed financing.
				Unless paid out of the proceeds of the bonds issued, all fees for a particular
				proposed financing shall be paid by the applicant and deposited in the
				Authority Fund. The Authority shall be authorized to use general fees deposited
				in the Authority Fund to support Authority programs, including, but not limited
				to, the Capital Access Loan Program authorized by Article 7 of this Division
				11.
(d) Notwithstanding subsection
				(a) and (b), for applications received after July 1, 2016, where the financing
				requested by a small business applicant is a refunding of a prior sale of bonds
				previously issued by the Authority and the refunding is included as part of an
				application which also requests new financing that is greater than the amount
				refunded by the small business applicant for a new proposed project, the
				Authority shall have the discretion to charge the small business applicant the
				Authority's reasonable and necessary expenses allocable to the refunding
				request in lieu of the fee described in subsection (b) normally applicable to
				refundings.
1. Amendment
				  filed 9-15-94; operative 9-15-94 pursuant to Government Code section
				  11346.2(d)
				  (Register 94, No. 37).
2. Amendment filed 9-10-96; operative
				  10-10-96 (Register 96, No. 37).
3. Amendment filed 12-18-2000 as an
				  emergency pursuant to Health and Safety Code section
				  44520;
				  operative 1-1-2001 (Register 2000, No. 51). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-2001 or emergency language will be repealed by
				  operation of law on the following day.
4. Certificate of Compliance
				  as to 12-18-2000 order transmitted to OAL 6-14-2001 and filed 7-26-2001
				  (Register 2001, No. 30).
5. Amendment filed 10-27-2009 as an
				  emergency; operative 10-27-2009 (Register 2009, No. 44). A Certificate of
				  Compliance must be transmitted to OAL by 4-26-2010 or emergency language will
				  be repealed by operation of law on the following day.
6.
				  Reinstatement of section as it existed prior to 10-27-2009 emergency amendment
				  by operation of Government Code section
				  11346.1(f)
				  (Register 2010, No. 18).
7. Amendment refiled 4-29-2010 as an
				  emergency; operative 4-29-2010 (Register 2010, No. 18). A Certificate of
				  Compliance must be transmitted to OAL by 7-28-2010 or emergency language will
				  be repealed by operation of law on the following day.
8. Amendment
				  refiled 7-13-2010 as an emergency; operative 7-13-2010 (Register 2010, No. 29).
				  A Certificate of Compliance must be transmitted to OAL by 10-11-2010 or
				  emergency language will be repealed by operation of law on the following
				  day.
9. Certificate of Compliance as to 7-13-2010 order transmitted
				  to OAL 9-23-2010 and filed 11-4-2010 (Register 2010, No. 45).
10.
				  New subsection (d) filed 12-26-2013 as an emergency; operative 12-26-2013
				  (Register 2013, No. 52). A Certificate of Compliance must be transmitted to OAL
				  by 6-24-2014 or emergency language will be repealed by operation of law on the
				  following day.
11. Certificate of Compliance as to 12-26-2013 order,
				  including further amendment of subsection (d), transmitted to OAL 5-7-2014 and
				  filed 6-13-2014; amendments effective 6-13-2014 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2014, No. 24).
12. Amendment of subsection (d) filed
				  6-29-2016 as an emergency; operative 6-29-2016 (Register 2016, No. 27). A
				  Certificate of Compliance must be transmitted to OAL by 12-27-2016 or emergency
				  language will be repealed by operation of law on the following
				  day.
13. Certificate of Compliance as to 6-29-2016 order transmitted
				  to OAL 11-22-2016 and filed 1-9-2017 (Register 2017, No. 2).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520,
					 44525 and
					 44537.5, Division 27, Health and
					 Safety Code.