California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 9 - California Recycle Underutilized Sites (Cal Reuse) Program › Subarticle 1 - Calreuse Brownfield Assessment Program › Section 8090 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions set forth in Section
					 8102, the following definitions
					 shall govern construction of this Article.
(a) "Applicant" means any for-profit or
				  not-for-profit organization, school district, participating party as defined in
				  California Health and Safety Code Section
				  44506,
				  or public agency as defined in California Health and Safety Code Section
				  44509
				  applying for a Loan, Infill Loan, or Infill Grant.
(b) "Application" means the information
				  referred to in Section
				  8092 or Section
				  8093.
(c) "Authority" means the California
				  Pollution Control Financing Authority, organized and existing under and by
				  virtue of Division 27 (commencing with Section
				  44500) of the California Health and
				  Safety Code.
(d) "Borrower" means
				  an Applicant whose Loan or Infill Loan has been approved and who has executed a
				  Loan Agreement.
(e) "Brownfield"
				  means a real estate parcel, or improvements located on the parcel, or both that
				  parcel and the improvements, which is abandoned, idled, or underused, due to
				  real or perceived environmental contamination, including, but not limited to,
				  soil or groundwater contamination, the presence of underground storage tanks,
				  or the presence of asbestos or lead paint on the parcel or in the improvements
				  located on the parcel.
(f)
				  "Brownfield Project" means a project for the site assessment and
				  characterization of, and/or Planning for Remediation of Hazardous Material at a
				  Brownfield.
(g) "Census Designated
				  Place" means a place designated as a census designated place by the Bureau of
				  the Census.
(h) "Consultant" means
				  an environmental professional as defined in
				  40 CFR, Section
				  312.10.
(i) "Development Entity" means an entity
				  engaged in the development of real estate.
(j) "Economically Distressed Community" means
				  a community that the Applicant demonstrates to the satisfaction of the
				  Strategic Partner is any one or more of the following:
(1) A community with an unemployment rate
				  equal to or greater than 125% of the statewide average based on the California
				  Employment Development Department's most recent annual average for sub-county
				  areas.
(2) A community with median
				  family income of less than 80% of the statewide average based on the most
				  recent census data available for cities or Census Designated Places. (If no
				  city or Census Designated Place level data is available, or if the Applicant
				  chooses to identify an area that is smaller than a city or Census Designated
				  Place, such as census tract or tracts, smaller areas will be used.)
(3) A community with a poverty rate equal to
				  or greater than 110% of the statewide average based on the most recent census
				  data available for cities or Census Designated Places. (If no city or Census
				  Designated Place level data is available, or if the Applicant chooses to
				  identify an area that is smaller than a city or Census Designated Place, such
				  as census tract or tracts, smaller areas will be used.)
(4) A state designated Enterprise Zone
				  (including a Local Agency Military Base Recovery Area, Manufacturing
				  Enhancement Area or Targeted Tax Area).
(5) A federally designated Empowerment Zone
				  pursuant to 26 U.S.C.
				  Section 1392, Enterprise Community pursuant
				  to 26 U.S.C. Section
				  1392, or Renewal Community pursuant to
				  Section 1400 E of Title 26 of the United
				  States Code.
(6) A redevelopment
				  project area adopted pursuant to California Health and Safety Code Sections
				  33000
				  et seq., where the Strategic Partner determines that the project area meets the
				  definition of blighted area contained in California Health and Safety Code
				  Section
				  33030.
(7) A city or county with a military base
				  designated for closure pursuant to the Defense Authorization Amendments and
				  Base Closure and Realignment Act (Public Law 100-526), the
				  Defense Base Closure and Realignment Act of 1990 (Public Law
				  101-510), or any subsequent closure approved by
				  the President of the United State without objection by the Congress. The
				  provision will apply to proposed projects within two miles of a military base
				  closure in an urban setting and to proposed projects within five miles of a
				  military base closure in a rural setting.