reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 7.65 - Tourism Marketing Act › Subchapter 5 - Tourism Assessment Program Collection and Enforcement › Section 5358.9 - Review of Deficiency Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Assessed Business receiving a
				Deficiency Determination may file a Petition for Review requesting a review of
				the determination of deficiency.
(b) The petition shall be submitted in
				writing complying with all the following requirements:
(1) It shall state the specific grounds upon
				which it is based;
(2) It shall be
				supported by records applicable and declarations or affidavits under the
				penalty of perjury;
(3) It shall be
				filed with the Office no later than 30 calendar days after the service of the
				Notice of Proposed Deficiency Determination.
(4) Filing with the Office is accomplished on
				the date of actual receipt by the Office through mail or by personal
				service.
California Code of Regulations › Title 10 - Investment › Chapter 7.65 - Tourism Marketing Act › Subchapter 5 - Tourism Assessment Program Collection and Enforcement › Section 5358.10 - Judicial Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon the failure of payment of assessment, cost and penalties pursuant to a
				Deficiency Determination or an Order of Review, judicial enforcement and
				collection of the debt is available pursuant to Subdivisions (f), (g), and (h)
				of Section
				13995.82
				of the Government Code.
(b)
				Initiation of such civil action shall be in the sole discretionary decision of
				the Secretary or in the discretionary decision of the Deputy Secretary of
				Tourism in consultation with the Executive Committee of the California Travel
				and Tourism Committee.
(c) All
				civil actions shall be taken in the name of the Secretary.
1. New section
				  filed 2-8-2012; operative 3-9-2012 (Register 2012, No.
				  6).
Note: Authority cited: Sections
					 11152 and
					 13995.69,
					 Government Code. Reference: Sections
					 13995.71
					 and
					 13995.82,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.65 - Tourism Marketing Act › Subchapter 6 - Passenger Car Rental Industry Collection and Enforcement › Section 5358.11 - Collection of Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Passenger Car Rental Industry Assessment shall be paid in accordance with
				the provisions in section
				5357.2.
(b) Any payment not received in the Office by
				the 25th of any given month, shall be considered deficient and subject to the
				provisions of sections
				5358.6 through
				5358.10.
(c) A Passenger Car Rental Assessment Form
				submitted by the 25th of the month, without payment received in the Office by
				the 25th of that same month, shall be considered deficient and shall be subject
				to the provisions the provisions of sections
				5358.6 through
				5358.10.
1. New
				  subchapter 6 (section
				  5358.11) and section filed
				  2-8-2012; operative 3-9-2012 (Register 2012, No.
				  6).
Note: Authority cited: Section
					 13995.69,
					 Government Code. Reference: Sections
					 13995.20,
					 13995.65.5
					 and
					 13995.92,
					 Government Code; and Section
					 2015.5,
					 Code of Civil Procedure.
California Code of Regulations › Title 10 - Investment › Chapter 7.66 - Technology, Trade and Commerce Agency Hyperlink Criteria for Central Reservation Services › Section 5359 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to the regulation
				contained in this chapter, in addition to the definitions contained in section
				5350:
(a) Central Reservation Service means a
			 business that maintains a computerized inventory of Lodging Properties that a
			 User can access to reserve overnight accommodations via the internet. A Central
			 Reservation Service shall comply with the requirements described in section
			 5359.2.
(b) General Central Reservation Service means
			 a Central Reservation Service that meets the benchmarks described in section
			 5359.3.
(c) IATA Number means the International
			 Association of Travel Agents number that is used to identify a particular
			 Travel Agent or tour operator for billing purposes and the payment of
			 commissions.
(d) Lodging Properties
			 means any place of business that provides overnight accommodations for a fee,
			 including but not limited to: hotels; motels; bed and breakfast inns; spas;
			 dude ranches; golf resorts; youth hostels; farm stay; campgrounds; recreational
			 vehicle parks; and rental properties such as condominiums, cabins, houses, and
			 apartments.
(e) Proposal means a
			 request, submitted by a Central Reservation Service, for the establishment of a
			 hyperlink on the Tourism Web Site. Proposals shall include the information
			 described in section
			 5359.5.
(f) Real Time Reservations means a
			 computerized service offered by Lodging Properties that allows Users to use the
			 internet to make, confirm, and modify reservations for overnight
			 accommodations. Users of Real Time Reservations shall not be required to
			 contact a Lodging Property by telephone, mail, facsimile, or any means other
			 than the internet to obtain information about the availability or rate of
			 accommodations. Lodging Properties with Real Time Reservations shall set aside
			 an inventory of guest rooms for Users.
(g) Specialty Central Reservation Service
			 means a Central Reservation Service that meets the following requirements:
(1) It complies with the benchmarks described
			 in section
			 5359.4
(2) It has an inventory dedicated to one (1)
			 category of Lodging Property that is patronized by consumers seeking a unique
			 experience or service that is not typically associated with a national hotel or
			 motel chain. For example, the inventory of a Central Reservation Service might
			 be dedicated to bed and breakfast inns, spas, dude ranches, or golf
			 resorts.
California Code of Regulations › Title 10 - Investment › Chapter 7.66 - Technology, Trade and Commerce Agency Hyperlink Criteria for Central Reservation Services › Section 5359.2 - Eligibility Requirements for Central Reservation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Central Reservation Service shall be eligible to establish
				and maintain a hyperlink on the Tourism Web Site when the Office has determined
				that all of the requirements listed below have been satisfied.
(a) Information provided by the Central
			 Reservation Service pertains exclusively to Lodging Properties and travel or
			 consumer services located inside of the state of California.
(b) The Central Reservation Service displays
			 photographs or graphics depicting at least seventy-five percent (75%) of the
			 Lodging Properties included in its inventory.
(c) The Central Reservation Service uses a
			 random method of displaying Lodging Properties that meet a User's search
			 request.
(d) The Central
			 Reservation Service provides a User support component. The telephone number of
			 the User support component, including area code, shall be displayed on the
			 Central Reservation Service's web site. Live operators shall be available to
			 respond to User's queries about reservation confirmations, reservation
			 modifications, commissions, overbooking, rate disputes, and other types of
			 consumer problems between the hours of 0900 and 2100 Monday through Friday, and
			 1000 and 1800 Saturday through Sunday (Pacific Standard Time).
(e) The Central Reservation Service includes
			 a statement on its web site explaining how a Lodging Property can apply for
			 inclusion in its inventory. A Central Reservation Service shall not deny
			 participation to a Lodging Property solely because of the Lodging Property's
			 membership in or affiliation with a travel industry organization.
(f) The Central Reservation Service maintains
			 a security policy that includes a secure method for transactions, including
			 credit card encryption.
(g) The
			 Central Reservation Service complies with the requirements described in section
			 5359.6 and sections
			 5359.3 and
			 5359.4, as appropriate.
(h) The Central Reservation Service
			 identifies Lodging Properties that pay commissions to Travel Agents and tour
			 operators and provides a means for processing IATA Numbers over the
			 internet.
(i) Neither the Central
			 Reservation Service nor any of the Lodging Properties listed in the Central
			 Reservations Service's inventory shall have any financial arrangement with the
			 Agency whereby the Central Reservation Service or Lodging Property makes a
			 payment to or receives a payment from the Agency in connection with the use of
			 the hyperlink.
1. New section
				filed 7-20-2001; operative 8-19-2001 (Register 2001, No.
				29).
Note: Authority cited: Section
				  11152,
				  Government Code. Reference: Sections
				  15364.51(f)
				  and
				  15364.53,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.66 - Technology, Trade and Commerce Agency Hyperlink Criteria for Central Reservation Services › Section 5359.3 - Lodging Property Benchmarks for General Central Reservation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the
			 execution of an agreement to establish a hyperlink on the Tourism Web Site, a
			 General Central Reservation Service shall include:
(1) Not less than three hundred (300) Lodging
			 Properties that have the capacity to provide Real Time Reservations.
(2) Not less than (10) Lodging Properties in
			 each of the twelve (12) Tourism Marketing Regions.
California Code of Regulations › Title 10 - Investment › Chapter 7.66 - Technology, Trade and Commerce Agency Hyperlink Criteria for Central Reservation Services › Section 5359.4 - Lodging Property Benchmarks for Specialty Central Reservation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the
			 execution of an agreement to establish a hyperlink on the Tourism Web Site, a
			 Specialty Central Reservation Service shall include:
(1) Not less than fifty percent (50%) of the
			 Lodging Properties that exist in the category to which the Specialty Central
			 Reservation Service is dedicated. For example, if a Specialty Central
			 Reservation Service is dedicated to dude ranches and there are one hundred
			 fifty (150) dude ranches in the state of California, it shall be required to
			 include at least seventy-five (75) dude ranches. If less than one hundred (100)
			 Lodging Properties exist in a category, a Specialty Reservation Service shall
			 include at least seventy-five (75%) of the Lodging Properties in that category.
			 For example, if there are ninety (90) health spas in the state of California, a
			 Specialty Reservation Service dedicated to health spas shall be required to
			 include at least sixty-eight (68) health spas.
(2) Not less than one (1) Lodging Property
			 from each of the twelve (12) Tourism Marketing Regions, unless a particular
			 category of Lodging Property does not exist in a Tourism Marketing
			 Region.
California Code of Regulations › Title 10 - Investment › Chapter 7.66 - Technology, Trade and Commerce Agency Hyperlink Criteria for Central Reservation Services › Section 5359.6 - Usage and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On the seventh (7th) day of each month,
			 all Central Reservation Services shall submit a usage report to the Office. The
			 usage report shall contain the information described in subsections (a)(1)
			 through (a)(9).
(1) The name, address, and
			 e-mail address of the Central Reservation Service.
(2) The name and telephone of the Central
			 Reservation Service's contact person.
(3) The number of new and the number of
			 continuing Users that have accessed the Central Reservation Service during the
			 prior month.
(4) The number of
			 Users that have used the Central Reservation Service to make reservations at
			 Lodging Properties during the prior month, the average number of nights those
			 Users stayed at Lodging Properties, and the average nightly rate per
			 stay.
(5) The number of Users that
			 have used the Central Reservation Service to make Real Time Reservations at
			 Lodging Properties during the prior month.
(6) The number of Users that have used the
			 Central Reservation Service to cancel reservations at Lodging Properties during
			 the prior month.
(7) The number of
			 commissions earned by the Travel Agents and/or Tour Operators who booked
			 reservations on the Central Reservation Service during the prior
			 month.
(8) The number of Lodging
			 Properties included in the Central Reservation Service's inventory and the
			 Tourism Marketing Regions in which those properties are located. A General
			 Central Reservation Services shall also provide the number of Lodging
			 Properties in its inventory that have the capacity to provide Real Time
			 Reservations and the aggregate number of guest rooms contained in its
			 inventory.
(9) A certification
			 signed and dated by the Central Reservation Service's Authorized
			 Representative. The certification shall include the following language: I
			 hereby certify, under penalty of perjury under the laws of the State of
			 California, that the information provided in this report is true and correct
			 and that I will inform the California Technology, Trade and Commerce Agency,
			 Office of Tourism immediately of any changes therein.
California Code of Regulations › Title 10 - Investment › Chapter 7.66 - Technology, Trade and Commerce Agency Hyperlink Criteria for Central Reservation Services › Section 5359.7 - Termination of Hyperlink

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 The Office shall provide written notice to a Central Reservation Service that
			 fails to comply with one or more of the requirements described in sections
			 5359.2,
			 5359.3,
			 5359.4, or
			 5359.6. The notice shall describe
			 the requirements the Central Reservation Service has failed to comply with and
			 shall include a deadline for the correction of the deficiencies. A Central
			 Reservation Service shall have fourteen (14) days to comply with the
			 requirements and to notify the Office that the deficiencies have been
			 corrected.
(b) If a Central
			 Reservation Service does not comply with the requirements described in sections
			 5359.2,
			 5359.3,
			 5359.4, or
			 5359.6 and provide notice to the
			 Office by the deadline described in subsection (a), the Office shall terminate
			 the Central Reservation Service's hyperlink to the Tourism Web Site.
(c) Not later than fourteen (14) days
			 following the termination of a hyperlink, a Central Reservation Service may
			 submit a written response appealing the termination. The response shall
			 describe each fact contained in the subsection (a) notice that the Central
			 Reservation Service disputes and any information that the Central Reservation
			 Service believes to mitigate or explain the facts upon which the notice
			 based.
(d) Not later than fourteen
			 (14) days following the receipt of the subsection (c) response, the Office
			 shall issue a written decision. The decision shall include findings of fact and
			 conclusions demonstrating one of the following:
(1) The termination of the hyperlink is
			 appropriate.
(2) The termination of
			 the hyperlink is not appropriate. If this finding is made the Office shall
			 reinstate the Central Reservation Service's hyperlink within fourteen (14)
			 days.
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5370 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to the regulations
				contained in this chapter:
(a)
			 "Agency" means the Business, Transportation and Housing Agency.
(b) "California Welcome Center" means a
			 visitor information center, designated by the State which is accessible to and
			 recognizable by tourists and which encourages tourism in California.
(c) "Center" means the property proposed as a
			 California Welcome Center.
(d)
			 "Office" means the Office of Tourism, also known as the Division of Tourism,
			 within the Business, Transportation and Housing Agency.
(e) "Major Holiday" means New Year's Day,
			 Easter Sunday, Thanksgiving, and Christmas.
1. New chapter
				7.67 (sections
				5370-5377) and section filed
				8-1-2006; operative 8-31-2006 (Register 2006, No.
				31).
Note: Authority cited: Section
				  13995.151,
				  Government Code. Reference: Sections
				  13995.150
				  and
				  13995.151,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5371 - Eligiblity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible
			 for designation as a California Welcome Center, an applicant shall meet the
			 following requirements:
(1) The applicant
			 shall be a convention center, visitor bureau, chamber of commerce, local
			 government, state government, federal government, private entity or combination
			 of the above.
(2) The applicant
			 shall have a permanent structure with heating and air conditioning at the
			 proposed property site and adequate public parking facilities, including buses
			 and recreational vehicles.
(3) The
			 property shall be within two (2) miles of a major interstate freeway or
			 highway.
(4) The applicant shall
			 have authority to permanently display the required signage on the exterior of
			 the proposed property site. Applicant shall also have authority to display
			 signage on local/city streets leading from the highway to the
			 Center.
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5372 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
			 Office shall provide a Solicitation of an open application period for a
			 California Welcome Center to all interested persons and shall post it on the
			 Office website. The Solicitation shall be for a designated area(s), based on
			 the necessity for a new or replacement Center. The Solicitation shall include a
			 description of the Application process and the Application deadline. The
			 Application deadline shall be no earlier than thirty (30) calendar days
			 following the mailing of the Solicitation.
(b) Not later than the deadline described in
			 the subsection (a), each Applicant shall submit an original and four (4) copies
			 of a completed Application to the Office.
(c) Not later than sixty (60) calendar days
			 following the deadline described in subsection (a), the Agency shall mail to
			 each Applicant that submitted an Application either a notice disapproving the
			 request or a letter of conditional designation. The letter of conditional
			 designation shall indicate that the final designation is conditioned upon
			 execution of an agreement between the Applicant and the Agency.
1. New section
				filed 8-1-2006; operative 8-31-2006 (Register 2006, No.
				31).
Note: Authority cited: Section
				  13995.151,
				  Government Code. Reference: Sections
				  13995.150
				  and
				  13995.151,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5373 - Application. General Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The General Information Section of the application shall
				contain the following information:
(a)
			 Applicant Information
(1) The Applicant's
			 name, address, county, telephone and facsimile numbers, e-mail address (if
			 applicable).
(2) Operating entity
			 of the proposed center, i.e. Chamber of Commerce, City, County, etc.
(3) The name and title of the Applicant's
			 Director or Manager and address and telephone and facsimile number, if
			 different than subsection (a) (1).
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5374 - Proposal Plans and Scoring Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Proposal shall contain the following
			 information and shall be scored on the criteria listed under each section.
(1) Site Plan. (0 to 20 points)
(A) The physical address of the proposed
			 Center.
(B) Size and location of
			 property. Include a description of the proximity to tourist attractions,
			 restaurants and lodging and distance from major freeways or highways.
(C) Central heating and air conditioning
			 capacity.
(D) The architectural
			 theme of the facility and how it is representative of local
			 surroundings.
(E) Restroom
			 facilities and Americans with Disabilities Act (ADA) compliance.
(F) An interior display space to include the
			 following: Lay out for information racks, service desk and rest rooms. The lay
			 out must include plans that allow, at a minimum, eight 2' x 3' display racks,
			 or 25' of linear wall space, or 51 square feet of open space dedicated to
			 brochure display racks, and space for a 42" plasma screen.
(G) Direct Internet access, preferably with
			 speed of 128kb or better, for visitor use.
(H) Parking facilities, including RV and bus
			 parking.
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5375 - Continuing Responsibility of CWC

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon designation as a California Welcome
			 Center, the Center shall be required to comply with the following:
(1) An annual maintenance fee of $5,000 shall
			 be paid to the Office on a fiscal year basis. This payment shall be due either
			 in a lump sum of $5,000 due July 1, or quarterly payments of $1,250 each due
			 July 1, October 1, January 1 and April 1.
(2) The Center shall pay for all fees
			 associated with required signage, including permits, construction and placement
			 of signs.
(3) The Center shall
			 report to the Office the number of visitors for each month, by the sixth of the
			 following month.
(4) The Center
			 shall request approval from the Office in order to use the Traveling Bear logo,
			 the "California Welcome Center" or the Find Yourself Here logo on any
			 merchandise, uniforms or signage. The Center shall submit the request to the
			 Office.
(5) All merchandise sold in
			 the Center shall be appropriate for all ages of travelers.
(6) The Center shall provide on-going
			 training to their personnel including current visitor information on new
			 attractions, events, destinations and accommodations in their region and
			 throughout the State.
(7) The
			 Center shall display all local (city and county in which the center is
			 located), state and federal governmental tourism information at no cost to the
			 governmental agency. The Center may charge other organizations for the costs of
			 displaying and providing visitor information, including graphic displays and
			 brochures.
(8) The operating
			 entities of each center shall promote the California Tourism Website (
www.visitcalifornia.com
) and the
			 California Welcome Center Website (
www.visitcwc.com
) in advertising, in promotional
			 activities, in related collateral, on the physical premises, and on their
			 website.
(9) The Center's manager
			 or a designated representative with decision-making authority shall attend a
			 minimum of three manager's meetings each year. The Office shall establish the
			 meeting dates and places and will provide the managers the opportunity to share
			 current visitor information including new attractions, events, destinations and
			 accommodation in their region.
(10)
			 The Center shall be required to pass periodic site inspections by Office staff.
			 The site inspections shall not occur more frequently than once a year. The site
			 inspection will verify that the Center is continually meeting the site
			 specifications in the original proposal.
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5376 - Revocation of Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 Failure to comply with the provisions in Section
			 5375, shall be cause for
			 revocation of the California Welcome Center's designation.
(1) The Office shall provide written notice
			 to a California Welcome Center that fails to comply with one or more the
			 requirements in Section
			 5375. The notice shall describe
			 the deficiencies and shall include a deadline for correction of the
			 deficiencies.
(2) If the California
			 Welcome Center fails to correct the deficiencies as required in subsection
			 (a)(1), the designation shall be revoked. The revocation shall be effective 30
			 days after the deadline specified in subsection (a)(1).
California Code of Regulations › Title 10 - Investment › Chapter 7.67 - California Welcome Centers › Section 5377 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 Appeal of the revocation shall be in writing and shall include the following:
(1) Name and address of California Welcome
			 Center making the appeal.
(2)
			 Statement of the basis of the appeal.
(3) Documentation which supports the position
			 of the California Welcome Center, submitted under the penalty of
			 perjury.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 1 - Definitions › Section 5400 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms shall have the meanings set forth
				  below:
(a) "Act" means Chapter 3.5
				(commencing with Section
				15379) of Part 6.7 of Division 3
				of Title 2 of the California Government Code.
(b) "Affiliate", as to a specified person,
				means a person that directly, or through one or more intermediaries, controls,
				or is controlled by, or is under common control with, the person specified. A
				person controls another person within the meaning of this definition through
				the possession, direct or indirect, of the power to direct or cause the
				direction of the management, policies or actions of such other
				person.
(c) "Agency" means the
				Trade and Commerce Agency.
(d)
				"Allowable overhead costs" means indirect costs or overhead calculated in
				conformity with the principals and procedures set forth in (1) the United
				States Federal Register, Vol. 53, No. 199, Part V, Office of Management and
				Budget, Circular No. A-87, Friday, October 14, 1988, or (2) the United States
				Federal Register, Volume 44, No. 45, Office of Management and Budget, Circular
				No. A-21, March 6, 1979, each as amended from time to time, or any successor
				thereto, incorporated by reference herein and available from the
				department.
(e) "Applicant" means a
				public agency, or a not-for-profit or a nonprofit organization, which applies
				for a grant.
(f) "Application"
				means the application for a grant submitted and filed pursuant to Article
				2.
(g) "California-based
				foundation" means a nonprofit organization which complies with all of the
				following:
(1) it is a private foundation as
				defined in Title 26, Section
				509 of the United States
				Codes;
(2) it is incorporated in
				California; and
(3) it receives at
				least 51% of its funding from California companies.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5410 - Contents of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The application shall consist of a cover sheet, a certification page, a budget,
				a table of contents and attachments as set forth in subsection (f) below. Each
				attachment shall begin on a separate sheet of paper with the item number and
				title at the top of the page.
(b)
				The cover sheet of the application shall be signed and dated by both an
				authorized representative of the applicant and the project manager, and shall
				identify or designate the following:
(1) the
				applicant;
(2) the name, address
				and phone number of the applicant's authorized representative and project
				manager;
(3) the project
				title;
(4) the requested grant
				amount;
(5) sources of project
				funds;
(6) the funding phase,
				program area and technology area for which the application is
				submitted;
(7) cost sharing as
				defined in Section
				5421;
(8) the county where the project is located;
				and
(9) whether confidential
				information is included in the application.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5411 - Projects Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Grant funding shall only be available for expenses incurred, including
				allowable overhead costs, in connection with a project that receives matching
				contributions from one or more private sector participants. Grant funds shall
				not be used to reimburse any costs incurred pursuant to any contract or
				subcontract for services with respect to a for-profit entity.
(b) The application shall indicate that no
				less than 90% of project activities will be performed in California, with the
				following exceptions:
(1) work necessary to
				comply with federal subcontracting statutes, regulations or policies,
				and
(2) performance of a necessary
				test or procedure where the facilities for such a test or procedure are not
				available in California.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5412 - Matching Contribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The application shall include a commitment letter, letter of intent or other
				similar evidence that the private sector participant[s] will make a matching
				contribution[s] to the costs of the project. The application shall also
				indicate the amount, time and manner in which the matching contribution[s] will
				be made. The requirements set forth in this subsection shall be met by
				inclusion of such evidence in the agreement submitted pursuant to Section
				5413.
(b) The amount of grant funds compared to the
				amount of matching contributions shall not be more than the following ratio:
(1) Phase 0 or other discretionary grants--no
				matching contribution required;
(2)
				Phase I--2:1; and
(3) Phase
				II--1:1.
(4) In the case of
				consortium projects, matching contributions may be from both private sector
				participants and public agencies or associations of public agencies, provided
				that, for Phase I or Phase II, the ratio of grant funds to matching
				contributions is no greater than 1:1 and that the private sector participant
				match constitutes at least 51% of the total required matching contribution. All
				entities making matching contributions must comply with the requirements of
				subsection (a).
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5413 - Agreement Among Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each applicant shall at the time the application is submitted include as part
				of the application an agreement or agreements (in a form specified in
				subsection (b) below) among all parties proposing to participate in the project
				(including, where applicable, the applicant, the private sector participant[s],
				all funding sources, and any other persons or organizations which are necessary
				to the project, except the department), which agreement[s] shall address the
				following:
(1) organization and control of
				the project;
(2) delineation of the
				respective roles and responsibilities of all the parties, indicating that all
				participants, from both the public and private sectors have a direct and
				ongoing involvement in the project;
(3) identification of the amount, timing and
				means by which funds and in-kind contributions will be made available to the
				project by the various participants, as applicable;
(4) financial reporting, including the timing
				of such reports;
(5) the resolution
				of any intellectual property rights relative to the project;
(6) consent for any individual participants
				employed by other than the applicant or private sector participant to
				participate in the project;
(7) in
				the case of cooperative research projects or consortium projects, description
				of how the technology agenda, as defined in Section
				5450(b), task
				selection, dissemination of technology agenda, implementation or
				commercialization of projects and review processes will be
				accomplished;
(8) in the case of
				consortium development projects, a description of the working relationships
				among the institutions comprising the consortium; an agreement to establish and
				become members of a California nonprofit corporation, for the purpose of
				furthering technology transfer, within five years of submitting the
				application; and
(9) any other
				matters that the participants deem necessary to be included in such
				agreement.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5414 - Project Budget

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall include the following:
(a) A proposed budget for the project,
				including identification of all sources and uses of funds and the estimated
				value of all in-kind contributions associated with the project. The proposed
				budget shall include a beginning and an ending date. The budget shall not begin
				before the date the application is submitted to the department. The budget
				ending date shall be the projected termination date of the grant agreement.
				Budget information shall be provided in at least the following categories:
				personnel, contract services, travel, space and equipment, other costs and
				allowable overhead costs.
(b) A
				certification that any overhead costs of a research institution included in the
				project budget do not exceed that institution's allowable overhead
				costs.
1. Repealer by
				  operation of Government Code Section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
Note: Authority cited: Section
					 15379.9,
					 Government Code. Reference: Sections
					 15333.5,
					 15379.3,
					 15379.4,
					 15379.5
					 and
					 15379.6,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5415 - Supplanting Other Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall contain a certification that receipt of
				  a grant under the program will not supplant any other funding source for any
				  applicant research institution.
1. Repealer by
				  operation of Government Code Section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
Note: Authority cited: Section
					 15379.9,
					 Government Code. Reference: Sections
					 15333.5,
					 15379.3
					 and
					 15379.4,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5416 - Private Sector Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall include a certification that each
				  private sector participant, together with its affiliates, if any, complies with
				  either (a) or (b) below:
(a) it is a
				California company; or
(b) the
				private sector participant is:
(1) a
				California-based foundation;
(2) an
				industry association; or
(3) a
				nonprofit cooperative association.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5417 - Likelihood of Commercialization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The application shall discuss the
				likelihood that successful completion of the project will lead to
				commercialization of product[s], service[s] or process[es] more rabidly than
				would otherwise occur.
(b) The
				application shall include a proposed schedule and plan for using the results of
				the project to develop the product[s], service[s] or process[es]. The plan
				shall identify, where applicable, necessary intermediate steps, such as
				completion of other scientific or technical research or development work, the
				obtaining of additional capital, and the obtaining of additional licenses or
				patents.
(c) Projects indicating
				the ability to produce commercial results with fewer uncertainties or
				intermediate steps shall be deemed more likely to further the program goal in
				subsection (a) above, in connection with the agency staff review pursuant to
				Section 5425(d)(1) and
				(2).
1. Repealer by
				  operation of Government Code section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
2. Change without regulatory
				  effect amending subsection (c) filed 2-7-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No. 6).
Note: Authority cited: Section
					 15379.9,
					 Government Code. Reference: Sections
					 15333.5,
					 15379.3
					 and
					 15379.4,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5418 - Impact on State Economy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				application shall discuss the positive impacts on California's economy if the
				project is successfully completed.
(b) The application shall estimate, within
				annual time frames extending no longer than 10 years from the expected
				completion of the project, how commercialization of the specified product[s],
				service[s] or process[es] would result in one or more of the following benefits
				to California's economy:
(1) creation of new
				jobs (direct and indirect);
(2)
				retention of jobs at existing industries;
(3) increased sales;
(4) utilization of raw materials from or
				products manufactured in California;
(5) new construction of facilities and
				equipment;
(6) increased
				productivity within an industry or sector of California's economy;
(7) increased exports; or
(8) other positive impacts on California's
				economy.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5419 - Cost Effectiveness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The application shall discuss the factors
				that make the project cost effective.
(b) Projects indicating greater impact on
				California's economy for the lowest requested grant shall be deemed more likely
				to further the program goal in subsection (a) above, in connection with the
				agency staff review pursuant to Section
				5425(d)(1) and
				(2).
1. Repealer by
				  operation of Government Code section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
2. Change without regulatory
				  effect amending subsection (b) filed 2-7-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No. 6).
Note: Authority cited: Section
					 15379.9 Government Code.
					 Reference: Sections
					 15333.5,
					 15379.3
					 and
					 15379.5,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5420 - Importance of Grant Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The application shall discuss the
				importance of the grant funds for the viability of the project.
(b) The application shall describe other
				potential sources of funds for the requested amount of the grant. The
				application shall indicate whether any of these sources have been approached
				and have refused funding.
The application shall indicate the result to the project if
				  grant funds under the program are denied, postponed, or given in reduced
				  amount.
(c) Projects
				indicating that they cannot proceed without the requested grant shall be deemed
				more likely to further the program goal in subsection (a) above, in connection
				with the agency staff review pursuant to Section
				5425(d)(1) and
				(2).
1. Repealer by
				  operation of Government Code section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
2. Change without regulatory
				  effect amending subsection (c) filed 2-7-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No. 6).
Note: Authority cited: Section
					 15379.9,
					 Government Code. Reference: Sections
					 15333.5,
					 15379.3
					 and
					 15379.5,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5421 - Cost Sharing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				application shall include a calculation of the amount of grant funds as a
				percentage of total project funds.
(b) Projects indicating a greater ratio of
				non-grant funds (including in-kind contributions) to the requested grant shall
				be deemed more likely to further the program goal in subsection (a) above, in
				connection with the agency staff review pursuant to Section
				5425(d)(1) and
				(2).
1. Repealer by
				  operation of Government Code section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
2. Change without regulatory
				  effect amending subsection (b) filed 2-7-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No. 6).
Note: Authority cited: Section
					 15379.9,
					 Government Code. Reference: Sections
					 15333.5,
					 15379.3
					 and
					 15379.5,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5422 - Small Businesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The application shall discuss the extent to which small businesses if any, are
				expected to be involved in the project.
(b) The application shall include information
				regarding the potential involvement, if any, of small businesses either:
(1) as private sector participants;
(2) as subcontractors; or
(3) in any other capacity
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5423 - Program Priorities and Program Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The secretary shall be authorized, based
				upon advice of the committee, to announce a list of technologies or industries
				that shall constitute program priorities for purposes of the program. The
				secretary shall be authorized to modify the list of program priorities from
				time to time based upon advice of the committee.
(b) From time to time, the secretary shall be
				authorized to allocate or reallocate some or all of the available grant funds
				to specific program priorities.
(c)
				The agency shall provide the then-current list of program priorities, if any,
				and the level of available grant funds allocated for each priority, together
				with every application distributed to potential applicants. An application
				submitted for a project included in a then-current program priority shall not
				become ineligible for funding solely by virtue of the secretary subsequently
				removing such priority from the lit of program priorities.
(d) The Director shall be authorized to
				allocate each year's available program funds among the different program areas.
				The Director shall be authorized to set a maximum grant amount for each program
				area. Notwithstanding the foregoing, the Director shall be authorized, in his
				or her discretion, to reallocate funds among program areas, or exceed the
				maximum grant amount, in cases of extraordinary merit.
1. Repealer by
				  operation of Government Code section
				  11346.1(g)
				  and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For
				  prior history, see Register 89, No. 2.
2. Change without regulatory
				  effect amending subsections (a)-(c) filed 2-7-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No. 6).
Note: Authority cited: Section
					 15379.9,
					 Government Code. Reference: Sections
					 15333.5,
					 15333.6,
					 15379.3
					 and
					 15379.5,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7.7 - Department of Commerce: Competitive Technology Program › Article 2 - Application Process › Section 5424 - Funding Phases and Cycles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applicants shall request funding for one of three funding phases listed below:
(1) Phase 0--Developmental phase, including
				preparing an application for Phase I or Phase II projects; must be completed
				within one (1) year after the date a grant agreement is executed.
(2) Phase I--A project scheduled to be
				completed within one (1) year after the date a grant agreement is
				executed.
(3) Phase II--A project
				scheduled to be completed in a period of more than one (1) but not more than
				three (3) years after the date a grant agreement is
				executed.