reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 7 - Investment in Mental Health Wellness Grant Program for Children and Youth › Section 7328 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Grantee shall submit a status report within 45 days following the completion of
				the periods ending on June 30 and December 31 of each year during the Grant
				Period, and upon the Authority's request.
(1)
				Status reports to the Authority shall include:
(A) A description of activities performed for
				the Project implementation, and activities related to Program development and
				implementation, and population(s) served, as applicable, since the date of the
				preceding status report or the Final Allocation.
(B) A summary of incurred costs and
				expenditures related to the Project consistent with cost information submitted
				in the Application and an explanation of any variances from the
				Application.
(C) A summary of data
				or preliminary evaluation results, available to date, related to all outcomes
				described in Section
				7319, subdivision (a)(3), or
				Section 7319.1, subdivision (a)(3), and a
				description of any challenges in obtaining relevant data.
(D) A summary of other funding sources
				utilized for the Project.
(E) A
				description of remaining work to be completed for the Project and an estimated
				timeline or schedule for the completion of that work.
(F) A description of whether the Project is
				within the proposed budget and, if not, the reasons for any differences and the
				actions that will be taken to ensure that the Project has sufficient funding
				for completion.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 7 - Investment in Mental Health Wellness Grant Program for Children and Youth › Section 7329 - Records Retention, Inspections and Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Grantees shall retain all Project and financial records necessary to
				substantiate the purposes for which the Grant funds were spent for a period of
				three years after the certification of Project completion has been
				submitted.
(b) The Authority may
				perform site visits to inspect the Project and may inspect and/or audit Project
				records during the Grant Period and for three years after the certification of
				Project completion has been submitted. Instances include, but are not limited
				to, changes in the Project, challenges in Project implementation, and ensuring
				Project completion and Program sustainability.
1. New section
				  filed 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2018 order transmitted
				  to OAL 4-22-2019 and filed 5-20-2019 (Register 2019, No. 21).
Note: Authority cited: Sections
					 5848.5
					 and
					 5848.6,
					 Welfare and Institutions Code. Reference: Section
					 5848.5,
					 Welfare and Institutions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7414 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				following entities are eligible to apply for a Grant under the Community
				Services Infrastructure Grant Program:
(1) A
				county.
(2) Counties Applying
				Jointly.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7415 - Eligible Project Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Eligible costs for Projects include:
(1)
				Facility acquisition.
(2)
				Renovation, including costs of:
(A) Project
				planning or Project management.
(B)
				Appraisals.
(C)
				Inspections.
(D) Pre-renovation,
				including but not limited to permit fees, surveying, architectural, and
				engineering fees.
(E) Hardscaping
				and/or landscaping essential to the completion of the Project, not to exceed 5%
				of total Grant award.
(3)
				Furnishings and/or equipment.
(4)
				Information technology hardware and software, not to exceed 3% of total Grant
				award except when approved by the Authority and only upon submission of
				justification that the additional information technology costs are necessary
				for the Project to achieve the desired goals and outcomes set forth in Section
				7419, subdivision (a)(3).
(5) Up to three months of Program startup or
				expansion costs consisting of training, personnel salaries, and personnel
				benefits.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7416 - Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Entities that meet the eligibility requirements of Section
				7414 may apply for a
				Grant.
(b) Applications with
				multiple Applicants shall designate one of the Applicants as Lead Grantee
				should a Grant be awarded.
(c) One
				application shall be submitted per Project site.
(d) If a Project includes multiple Program
				components, only a single Application is required.
(e) The Application shall be available on the
				Authority's website at www.treasure.ca.gov/chffa and will be referred to as the
				Community Services Infrastructure Grant Program Application, Form No. CHFFA 9
				CSI-01A (11/2021).
(1) The Application shall
				be received by the Authority no later than 5:00 p.m. (Pacific Time) on the
				deadline date posted on the Authority's website at
www.treasurer.ca.gov/chffa
.
(2) The Authority is not responsible for
				email transmittal delays or failures of any kind.
(3) Incomplete Applications and Applications
				received by the Authority after the deadline date and time of the funding round
				shall not be accepted for review in that funding round.
(4) Applications shall be considered final as
				of the deadline date and time. No additional information or documents shall be
				accepted by the Authority after that date, except as specifically requested by
				the Authority.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7417 - Funding Rounds and Application Deadlines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				deadline for the first Funding Round shall be April 30, 2019, and shall be
				posted on the Authority's website at
www.treasurer.ca.gov/chffa
within ten
				business days following the date the regulations are filed with the Secretary
				of State.
(b) If funds are
				available, the deadline for Subsequent Funding Rounds shall be posted on the
				Authority's website at
www.treasurer.ca.gov/chffa
.
				Applications shall be due no sooner than two months following the posting of
				the deadline on the Authority's website.
(c) Notices of deadlines will be posted on
				the Authority's website and sent to the Authority's listserv to which anyone
				may subscribe at
www.treasurer.ca.gov/chffa
.
1. New section
				  filed 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 5-28-2019 as an emergency; operative
				  5-28-2019 (Register 2019, No. 22). A Certificate of Compliance must be
				  transmitted to OAL by 8-26-2019 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 5-28-2019 order transmitted to OAL 8-21-2019 and filed 10-3-2019
				  (Register 2019, No. 40).
Note: Authority cited: Section
					 5848.51,
					 Welfare and Institutions Code. Reference: Section
					 5848.51,
					 Welfare and Institutions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7418 - Maximum Grant Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the
				first Funding Round, Applicants may apply for funds totaling no more than the
				following maximum Grant amounts per county, according to the most recent
				population projection by the California Department of Finance at the time the
				Application is submitted:
County
						  Population
Maximum
(1)
100,000 or less
$750,000
(2)
100,001 to 400,000
$1,000,000
(3)
400,001 to 1,100,000
$2,500,000
(4)
1,100,001 to 5,000,000
$4,000,000
(5)
5,000,001 or more
$6,000,000
(b)
				Counties Applying Jointly may, at their discretion, apply for up to the sum of
				their respective maximum funding amounts.
(c) If funds for Grants remain after Final
				Allocations have been awarded for Applications submitted in the first Funding
				Round, Applications may be submitted during a Subsequent Funding Round without
				regard to previous maximum Grant amounts per county, and Grant awards shall be
				made on a statewide competitive basis.
1. New section
				  filed 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 5-28-2019 as an emergency; operative
				  5-28-2019 (Register 2019, No. 22). A Certificate of Compliance must be
				  transmitted to OAL by 8-26-2019 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 5-28-2019 order transmitted to OAL 8-21-2019 and filed 10-3-2019
				  (Register 2019, No. 40).
Note: Authority cited: Section
					 5848.51,
					 Welfare and Institutions Code. Reference: Section
					 5848.51,
					 Welfare and Institutions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7419 - Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applications shall be scored on the following criteria:
(1) Project increases or expands access to
				and capacity for community mental health treatment, substance use disorder
				treatment, and/or trauma-centered services that offer relevant alternatives to
				incarceration. (Maximum 25 points)
(A)
				Project proposes new or expanded treatment and/or service facilities to be
				funded by the Grant, describes the services within the facilities, and clearly
				identifies the Target Population(s) to be served. (Maximum 7 points)
(B) Project meets the community need, seeks
				to address who does and does not receive services now, including demographics,
				and is designed to reduce the need of mental health treatment, substance use
				disorder treatment, and/or trauma-centered services in jails and/or prisons.
				(Maximum 6 points)
(C) Project
				increases capacity for community based Jail Diversion Program(s). Application
				indicates mental health treatment, substance use disorder treatment, and/or
				trauma-centered service beds or service capacity that will be added, and how
				the number(s) added will impact the Target Population(s) and translate into a
				number of additional individuals that may be served in the community. (Maximum
				6 points)
(D) Application describes
				existing or proposed Jail Diversion plan, including the intercepts (e.g.,
				pre-booking, pre-plead, post-conviction) at which Justice-Involved Individuals
				are diverted from jail and/or prison. (Maximum 6 points)
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7420 - Initial Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Authority Staff will evaluate the Application's completeness, responsiveness,
				and clarity in addressing the criteria described in Section
				7419.
(b) The scores from each reviewer of the
				Authority Staff will be added and the average of the scores will be calculated.
				The average score will be the final score assigned to the
				Application.
(c) The Authority
				Staff will make Initial Allocations based on the final score assigned to each
				Application, from the highest to the lowest, and present the Initial
				Allocations to the Authority for Final Allocations.
(d) Notification of Initial Allocations will
				be sent to Applicants before the public meeting at which the Authority will
				determine Final Allocations.
(e)
				During any funding round, Initial Allocations shall be limited to Applications
				which receive a minimum of 60 points under Section
				7419.
(1) Applications shall score a minimum of 35
				points under Section
				7419, subdivision (a)(4) to be
				considered for an Initial Allocation.
(2) Applications receiving a score of zero
				points in any criteria in Section
				7419, subdivision (a)(1), (a)(2),
				or (a)(3) shall not be considered for an Initial Allocation.
(3) Initial Allocations may be considered for
				Applications scoring fewer than 60 points to achieve the statewide objective of
				increasing and expanding mental health treatment facilities, substance use
				disorder treatment facilities, and trauma-centered service facilities in local
				communities in order to reduce the number of individuals with mental illness,
				substance use disorder, and trauma in jails and/or prisons.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7421 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Availability.
(1) The Applicant designated as
				Lead Grantee on an Application may, on behalf of all Applicants listed on an
				Application, appeal the amount of the Initial Allocation recommended by
				Authority Staff for that Application, including an Authority Staff
				determination not to recommend a Grant. No Applicant may appeal an Initial
				Allocation made to another Applicant.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7422 - Final Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Final
				Allocations shall be determined by the Authority at a public meeting.
(b) A Grant Award Letter that includes the
				following shall be sent to all Applicants approved for a Final Allocation:
(1) Name(s) of the Grantee.
(2) Grant amount.
(3) The Grant Period.
(4) A description of the costs to be funded
				by the Grant.
(5) A request for a
				resolution of the Grantee's governing board authorizing an official to accept
				the Grant and all responsibilities flowing therefrom.
(6) Notification that funding of a Grant is
				contingent upon the availability of funds under the Community Services
				Infrastructure Program.
(7) A
				statement that the Authority reserves the right to modify or cancel the
				commitment upon failure of the Applicant to execute a Grant Agreement or
				otherwise fail to comply with this Chapter or if the Authority becomes aware of
				any matter which, if known at the time of Application review and approval,
				would have resulted in the rejection of the Application or the Grant not being
				approved.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7423 - Use of the Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant
				funds shall only be used for the purposes described in the Grant
				Agreement.
(b) Grant funds may
				supplement but not supplant existing financial or resource
				commitments.
(c) Grantee may
				request a change in the use of Grant funds or request an extension of the Grant
				Period by submitting a written request to the Authority that documents the
				reason(s) the change is needed and demonstrates it is consistent with Welfare
				and Institutions Code Section
				5848.51
				and this Chapter.
(d) Grantee shall
				not make changes to the uses of Grant funds until receipt of written approval
				from the Authority.
(e) Grantee
				shall not dispose of any capital asset acquired by Grant funds before the end
				of the useful life of the asset.
1. New section
				  filed 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 5-28-2019 as an emergency; operative
				  5-28-2019 (Register 2019, No. 22). A Certificate of Compliance must be
				  transmitted to OAL by 8-26-2019 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 5-28-2019 order transmitted to OAL 8-21-2019 and filed 10-3-2019
				  (Register 2019, No. 40).
Note: Authority cited: Section
					 5848.51,
					 Welfare and Institutions Code. Reference: Section
					 5848.51,
					 Welfare and Institutions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7424 - Grant Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				terms and conditions of a Grant shall be set forth in a Grant Agreement which
				shall include, at a minimum, all of the following:
(1) The Grant amount.
(2) A description of the Project.
(3) Release of Grant Funds procedures in
				accordance with Section
				7425, as applicable.
(4) Agreement that the Grantee shall comply
				with Welfare and Institutions Code Section
				5848.51
				and this Chapter, including but not limited to Section
				7423.
(5) The Grantee shall defend, indemnify, and
				hold harmless the Authority and the State of California, and all officers,
				trustees, agents, and employees of the same, from and against any and all
				claims, losses, costs, damages or liabilities of any kind or nature, whether
				direct or indirect, arising from or relating to the Grant or Project.
(6) The Grantee shall comply with state and
				federal laws prohibiting discrimination, including those prohibiting
				discrimination because of race, religious creed, color, national origin,
				ancestry, physical disability, mental disability, medical condition, genetic
				information, marital status, sex, gender, gender identity, gender expression,
				age, sexual orientation, or military and veteran status.
(7) Grantee shall comply with California's
				prevailing wage law under Labor Code Section
				1720 et seq.
				for public works projects.
(8)
				Grantee shall cooperate in inspections and audits.
(9) Notification that, subject to the
				availability of funds, the Grant may be rescinded or reduced.
(10) Provisions relating to lease agreements,
				if applicable, pursuant to Section
				7426.
(11) Resolution of the Authority authorizing
				the Grant.
(12) Resolution of the
				Grantee's governing board accepting the Grant and delegating authority to an
				officer to act on its behalf.
(13)
				Provision regarding default and its remedies, including forfeiture and return
				of the Grant funds to the Authority.
(14) Provision requiring Grantee to provide
				updated information upon request from Authority Staff to determine the
				Project's readiness and feasibility.
(15) Other terms and conditions that may be
				required by the Authority related to the Grant or Project.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7426 - Requirements for Renovation Projects on Leased Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Grantee may use Grant funds for renovation on property that is leased to the
				Grantee. The following requirements shall be satisfied prior to release of
				Grant funds:
(1) The lease agreement shall
				provide the Grantee, as lessee, full access to the site to carry out the
				Project.
(2) The term of the lease
				agreement shall be equal to or greater than the useful life of the
				Project.
(3) The lease agreement
				shall provide that any existing or subsequent encumbrance on the property
				(e.g., deed of trust) or sale of the property shall be subject to the lease
				agreement.
(4) The lease agreement
				shall provide that the only remedy for any default by Grantee, including
				failure to pay rent, is suit for rent or specific performance to remedy
				specific breach. The landlord's remedies for any default by Grantee may not
				include cancellation of lease agreement, retaking of property, or eviction of
				Grantee.
(5) A current title report
				on the site, brought up to date as of the effective date of the lease agreement
				shall be provided to the Authority. The title report shall show all of the
				following:
(A) No delinquent taxes or
				assessments or, if there are delinquent taxes or assessments, these are being
				contested in good faith.
(B) No
				easements, exceptions or restrictions on the use of the site that shall
				interfere with or impair the operation of the Project.
(C) A restrictive covenant recorded in the
				chain of title that the property shall be used only for the appropriate Jail
				Diversion services outlined in the Grantee's application during the useful life
				of the leasehold improvements funded by the Grant.
(D) Fee title is subject to the lease
				agreement and recorded in the chain of title.
(6) The Grantee's legal counsel, or an
				authorized officer of the Grantee shall sign a letter certifying that the lease
				agreement conforms to Section
				7426, subdivisions (a)(1) through
				(a)(5), and including a statement of the projected useful life of the Project.
(A) If the letter is signed by an authorized
				officer of the Grantee, a statement shall be included that the Grantee's legal
				counsel has been consulted.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7427 - Recovery of Funds for Non-Performance and Unused Grant Funds; Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				Authority determines that Grant funds were not used consistent with Welfare and
				Institutions Code Section
				5848.51,
				this Chapter, or the Grant Agreement, the Authority may require remedies,
				including the forfeiture and return of the Grant funds to the
				Authority.
(b) If the Grantee fails
				to timely begin or complete the Project, the Authority may require remedies
				including forfeiture and return of the Grant funds to the Authority.
(c) Unused funds and any unused interest
				earnings on such Grant funds shall be returned by the Grantee to the Authority
				no later than the date of the certification of Project completion.
1. New section
				  filed 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 5-28-2019 as an emergency; operative
				  5-28-2019 (Register 2019, No. 22). A Certificate of Compliance must be
				  transmitted to OAL by 8-26-2019 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 5-28-2019 order, including repealer of subsection (d), transmitted to OAL
				  8-21-2019 and filed 10-3-2019; amendments effective 10-3-2019 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2019, No. 40).
Note: Authority cited: Section
					 5848.51,
					 Welfare and Institutions Code. Reference: Section
					 5848.51,
					 Welfare and Institutions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7428 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Grantee shall submit a status report within 45 days following the completion of
				the periods ending on June 30 and December 31 of each year during the Grant
				Period, and upon the Authority's request.
(1)
				Status reports to the Authority shall include:
(A) A description of activities performed for
				Project implementation, and activities related to Program development and
				implementation, and population(s) served, as applicable, since the date of the
				preceding status report or the Final Allocation.
(B) A summary of incurred costs and
				expenditures related to the Project consistent with cost information submitted
				in the Application and an explanation of any variances from the
				Application.
(C) A summary of data
				or preliminary evaluation results, available to date, related to all outcomes
				described in Section
				7419, subdivision (a)(3) and a
				description of any challenges in obtaining relevant data.
(D) A summary of other funding sources
				utilized for the Project.
(E) A
				description of remaining work to be completed for the Project and an estimated
				timeline or schedule for the completion of that work.
(F) A description of whether the Project is
				within the proposed budget and, if not, the reasons for any differences and the
				actions that will be taken to ensure that the Project has sufficient funding
				for completion.
California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 8 - Community Services Infrastructure Grant Program › Section 7429 - Records Retention, Inspections and Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Grantees shall retain all Project and financial records necessary to
				substantiate the purposes for which the Grant funds were spent for a period of
				three years after the certification of Project completion has been
				submitted.
(b) The Authority may
				perform site visits to inspect the Project and may inspect and/or audit Project
				records during the Grant Period and for three years after the certification of
				Project completion has been submitted. Instances include, but are not limited
				to, changes in the Project, challenges in Project implementation, and ensuring
				Project completion and Program sustainability.
1. New section
				  filed 11-26-2018 as an emergency; operative 11-26-2018 (Register 2018, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-28-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 5-28-2019 as an emergency; operative
				  5-28-2019 (Register 2019, No. 22). A Certificate of Compliance must be
				  transmitted to OAL by 8-26-2019 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 5-28-2019 order transmitted to OAL 8-21-2019 and filed 10-3-2019
				  (Register 2019, No. 40).
Note: Authority cited: Section
					 5848.51,
					 Welfare and Institutions Code. Reference: Section
					 5848.51,
					 Welfare and Institutions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 1 - General Provisions › Section 8001 - Objectives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The California Pollution Control Financing Authority shall
				  act in such a manner as to achieve the objectives outlined in Sections
				  44501
				  and
				  44502
				  of the Health and Safety Code.
1. New Chapter
				  11 (Sections
				  8001-8048, not consecutive) filed
				  8-21-73 as procedural and organizational; effective upon filing (Register 73,
				  No. 34).
2. Amendment to section and NOTE filed 2-17-77; effective
				  thirtieth day thereafter (Register 77, No. 8).
Note: Authority cited: Section
					 44525,
					 Health and Safety Code. Reference: Division 27, commencing with Sections
					 44500, et. seq., Health and Safety
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8030 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regular
				meetings of the Authority will be held on the third Wednesday of each month at
				Sacramento, California unless the Authority orders a change in meeting
				dates.
(b) The Chairman shall
				designate the location of the meeting in the notice calling such
				meeting.
1. Repealer of
				  former Article 3 (Sections
				  8030-8032) and renumbering and
				  amendment of former Article 4 (Sections
				  8040-8048, not consecutive) to
				  Article 3 (Sections
				  8030-8038, not consecutive) filed
				  6-3-83; effective thirtieth day thereafter (Register 83, No. 23). For prior
				  history, see Registers 82, No. 2; 80, No. 8; 77, No. 8; and 74, No. 10.
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520 and
					 44534, Division 27, Health and
					 Safety Code; and Section
					 11125,
					 Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8031 - Requests for Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority will accept requests for financing in a form
				  approved by the Executive Secretary. Requests for Financing forms may be
				  obtained by writing to the Authority office located in either the City of
				  Sacramento or Los Angeles.
Note: Authority cited: Sections
					 44526, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520 and
					 44534, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8032 - Acceptance of Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining its acceptance or denial of requests for
				  financing, either in whole or in part, the Authority may take into
				  consideration such factors as:
(1)
				certification and recommendation of the appropriate environmental
				authority,
(2) location of the
				proposed project,
(3) nature of the
				proposed project,
(4) time of
				receipt of request for financing,
(5) any other factors the Authority may deem
				pertinent.
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520 and
					 44531-44539, Division 27, Health
					 and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8033 - Application Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A check drawn on a responsible bank or trust company in the
				  amount of .0005 (one twentieth of one percent) of the amount of financing
				  requested with a minimum of $250.00 and a maximum of $5,000.00, shall be made
				  payable to "CPCFA Fund" and shall accompany each request for financing. Such
				  fees provide for review and processing of the application and are
				  nonrefundable. The application fees shall be applied to the payment of general
				  fees if the project is financed.
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520,
					 44525 and
					 44526, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8035.5 - Equipment Only Bond Financing Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority hereby establishes the Equipment Only Bond Financing Program to
				encourage bond financing for small businesses to meet their equipment
				purchasing needs.
In order to participate in the program, applicants must make
				  the following covenants when they submit their request for financing:
(1) Bonds must have a final maturity of 12
				years or less.
(2) At least 90% of
				the net project fund of the proposed bond issue must be used to finance
				equipment, rolling stock and the like with expected economic lives of no more
				than 10 years. No real estate, improvements thereto, buildings or the like are
				eligible.
(3) Bond counsel and
				disclosure counsel fees are limited to $45,000 collectively.
(4) Applicant's financing consultant fees are
				limited to 0.5% of par.
(5)
				Applicant's underwriter fees are limited to 0.7% of par.
(6) Applicant's counsel and co-counsel fees
				are limited to $12,500 collectively.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8036 - Notice of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority shall mail notice to each applicant within thirty days of the
				effective date of this regulation setting out the fee chargeable pursuant to
				Section 8035. Thereafter, the Authority
				shall mail notice to each applicant when the Authority adopts its final
				resolution authorizing the sale of bonds for financing the applicant's project.
				If the applicant believes federal tax law provisions mandate a lower fee than
				that noticed by the Authority, it shall submit, no less than five days before
				the closing of the bond sale, an opinion of approved bond counsel setting out
				the maximum, allowable fee. The Authority shall charge the fee set out in the
				opinion.
(b) If bonds issued by the
				Authority bear a variable interest rate, the Authority may collect the fee in
				installments. The first installment shall be based on the maximum fee allowable
				under federal tax law provisions assuming the bonds bear the maximum interest
				rate provided for by the bonds. Further installments shall be payable at the
				discretion of the Authority when actual interest rates on the bonds can be
				determined.
1. Change
				  without regulatory effect renumbering former Section
				  8036 to Section
				  8037 and new Section
				  8036 filed 7-3-86; effective upon
				  filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 27).
2. Amendment of subsection (b) filed
				  12-23-98; operative 12-23-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 52).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Section
					 44548, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8037 - Issuance of Bonds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority will adopt all necessary resolutions to approve
				  or deny any request for financing. Approval may be made contingent upon
				  appropriate certification.
The form of bonds, any resolution or resolutions authorizing
				  such bonds, any trust agreement securing such bonds and any agreement relating
				  to the purchase, sale or lease of the facilities financed with such bonds,
				  shall be agreed upon to the mutual satisfaction of the Authority and
				  applicant.
1. Change
				  without regulatory effect renumbering former Section
				  8037 to Section
				  8038, and renumbering former
				  Section 8036 to Section
				  8037 filed 7-3-86; effective upon
				  filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 27).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Articles 4 and 5, Division 27, Health and Safety
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8038 - Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant will obtain any and all appropriate
				  certificates from affected environmental agencies and submit all such
				  certificates to the Authority prior to adoption of a Final Resolution for the
				  issuance of bonds. If appropriate, a statement should be submitted stating why
				  any approval or certificate has not been obtained or is unnecessary.
1. Change
				  without regulatory effect renumbering former Section
				  8038 to Section
				  8039 and renumbering former Section
				  8037 to Section
				  8038 filed 7-3-86; effective upon
				  filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 27).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520 and
					 44533, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 3 - General Provisions Relating to Authority Actions › Section 8039 - Public Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority is not organized for profit and no part of its
				  net earnings shall inure to the benefit of any private person.
1. Change
				  without regulatory effect renumbering former Section
				  8038 to Section
				  8039 filed 7-3-86; effective upon
				  filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 27).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Section
					 44520, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 4 - Provisions Relating to Small Business Financings › Section 8040 - Small Business Financing Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of former Article 4 (Sections
				  8040-8048, not consecutive) to
				  Article 3 (Sections
				  8030-8038, not consecutive), and
				  renumbering of former Article 5 (Section
				  8050) to Article 4 (Section
				  8040) filed 6-3-83 (Register 83,
				  No. 23). For prior history, see Registers 80, No. 26; 80, No. 8; 78, No. 6; 77,
				  No. 8; and 74, No. 10.
2. Repealer filed 8-28-87; operative 9-27-87
				  (Register 87, No. 35).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Sections
					 44520 and
					 44537.5, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 4 - Provisions Relating to Small Business Financings › Section 8041 - Small Business Assistance Fund Established

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority hereby establishes the Small Business
				  Assistance Fund to assist small businesses to obtain pollution control or other
				  financing as authorized by Health and Safety Code Section
				  44548.
1. New section
				  filed 7-3-86; effective upon filing pursuant to Government Code section
				  11346.2(d)
				  (Register 86, No. 27).
2. Amendment filed 3-19-92 as an emergency;
				  operative 3-19-92 (Register 92, No. 13). A Certificate of Compliance must be
				  transmitted to OAL 7-17-92 or emergency language will be repealed by operation
				  of law on the following day.
3. Certificate of Compliance as to
				  3-19-92 order transmitted to OAL 7-30-92 and filed 9-9-92 (Register 92, No.
				  37).
4. Amendment filed 1-31-94 as an emergency; operative 1-31-94
				  (Register 94, No. 5). A Certificate of Compliance must be transmitted to OAL by
				  7-30-94, pursuant to Health and Safety Code section
				  44520,
				  or emergency language will be repealed by operation of law on the following
				  day.
5. Amendment refiled 7-21-94 as an emergency; operative 7-31-94
				  (Register 94, No. 29). A Certificate of Compliance must be transmitted to OAL
				  by 1-27-95 pursuant to Health and Safety Code section
				  44520
				  or emergency language will be repealed by operation of law on the following
				  day.
6. Certificate of Compliance as to 7-21-94 order including
				  amendment of section transmitted to OAL 1-26-95 and filed 3-9-95 (Register 95,
				  No. 10).
Note: Authority cited: Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Section
					 44548, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 4 - Provisions Relating to Small Business Financings › Section 8042 - Eligibility for Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				applicant, to be eligible for assistance, shall meet the following criteria:
(1) It shall be a small business as defined
				in Section 8020.
(2) It shall seek financing for a project
				that complies with the Act (commencing with Health and Safety Code Section
				44500).
(3) In connection with assistance in
				accordance with Section
				8043 of this article, it shall seek
				financing that is no less than $500,000.
(4) It shall demonstrate a financial
				capability to make debt service payments and shall provide such collateral
				security (in the form of deeds of trust, security agreements, reserves, third
				party guarantees or other methods) as may be required by the holders of the
				bonds, the lender in a conventional loan, and the Authority as
				guarantor.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 4 - Provisions Relating to Small Business Financings › Section 8043 - Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to other assistance which the Authority shall be
				  authorized to provide in accordance with this division:
(a) The Authority shall be authorized to
				provide any part or combination of the assistance described below, but the
				Authority shall not be required to provide any particular form of assistance to
				any applicant. The Authority shall be authorized to provide the form or forms
				of assistance that, in its judgment, will most effectively assist the applicant
				to (i) achieve financing for the project; (ii) obtain a bond rating of "A" from
				a national bond rating service if bonds are issued publicly; and (iii) obtain
				an effective interest rate for all or a portion of the term of the financing
				which, in the Authority's judgment, is comparable at the time of financing to
				the prevailing market rates which would be paid by larger businesses for
				similar types of financing (but for any conventional loan not lower than the
				"prime rate" then prevailing):
(1) Pay for
				the reasonable costs of issuing bonds or obtaining conventional loans. For bond
				issues, these costs include bond counsel fees, underwriter or placement agent
				fees or discount and related expenses, printing fees, fees due to other state
				agencies, accounting fees, consultant's fees, and other expenses directly
				related to the issuance of bonds that are normally paid from the proceeds of a
				bond issued at the time of closing. For conventional loans, these costs include
				counsel fees, loan origination fees, consultant's fees, and other costs
				normally incurred in obtaining a commercial loan. The costs of issuing bonds or
				obtaining conventional loans shall not include expenses incurred by the
				applicant for other attorney fees, staff time, or other expenses related to the
				application for financing.
(2)
				Provide financial assistance to reduce the annual fees or premium for a letter
				of credit, surety bond, insurance policy, or other credit
				enhancement.
(3) Guarantee to the
				bond holder, conventional lender or provider of a letter of credit, surety,
				insurance policy, or other credit enhancement all or a portion of the
				indebtedness; provided, however, that in no event shall the aggregate amount of
				such guarantees outstanding at any time with respect to any applicant exceed
				$2,000,000.
(4) Provide financial
				assistance to reduce the interest rate on conventional loans or bonds by not
				more than two percent (2%).
(5) Pay
				for the Authority's costs (hourly rate for staff labor and Issuer's Counsel
				fees) associated with a post-issuance request to amend bond documents to
				reflect an index rate change, in instances where small business borrowers are
				subject to a nationally recognized index rate.