California Code of Regulations › Title 4 - Business Regulations › Division 9.5 - California Debt Limit Allocation Committee › Chapter 6 - Small-Issue Industrial Development Bond Program › Article 1 - Definitions › Section 5350 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions set forth in Government Code
					 section
					 8869.82
					 and unless otherwise required by the context, the following terms as used in
					 this chapter are defined as follows:
"ANSI" means the American National Standards Institute
					 which facilitates the development of American National Standards by accrediting
					 standards developing organizations for a wide variety of products,
					 manufacturing and industrial processes, and distribution processes for goods,
					 services and energy.
"Forest Stewardship Council" means the independent,
					 non-governmental, not-for-profit organization established in 1993 to promote
					 the responsible management of the world's forests in cooperation with the
					 ISO.
"IDB Application" means the Application titled "Application
					 for an Allocation of the State Ceiling on Qualified Private Activity Bonds for
					 a Small-Issue Industrial Development Bond Project" (revised 11-30-2018), which
					 is hereby incorporated by reference.
"ISO" means the International Organization of
					 Standardization
"Job Retention" means full time jobs that will be retained
					 in California by the Project Sponsor. The company must be actively seeking to
					 relocate jobs out of the state; forced to eliminate jobs in order to remain in
					 operation; at risk of closing their local operations; or be acquired prior to
					 closing or relocating under new ownership that commits to maintain company
					 operations and retain existing jobs. The number of jobs retained shall be
					 calculated on the number of full time jobs that are on the company payroll at
					 the time of Application. The Job Retention period will begin upon issuance of
					 the Bonds and must be met within two (2) years after issuance of Bonds. The Job
					 Retention requirement may be monitored by CIEDB utilizing Employment
					 Development Department job retention statistics.
"Median Hourly Production Occupation Wage" means the median
					 hourly wage for production occupations as defined by the U.S. Bureau of Labor
					 Statistics.
"Qualified Retirement Plan" means a retirement satisfying
					 the requirements of 26
					 U.S.C. sections 401(a) or
					 403(a) and the
					 Employee Retirement Income Security Act of 1974 (ERISA).
"Renewable Energy" means any device or technology that
					 conserves or produces heat, processes heat, space heating, water heating,
					 steam, space cooling, refrigeration, mechanical energy, electricity, or energy
					 in any form convertible to these uses, that does not expend or use conventional
					 energy fuels, and that uses any of the following electrical generation
					 technologies pursuant to California Public Resources Code 26003(i)(1):
. Biomass
. Solar thermal.
. Photovoltaic.
. Wind.
. Geothermal.
1. New
					 chapter 5 (articles 1-4, sections
					 5350-5384), article 1 (section
					 5350) and section filed 7-29-2010
					 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of
					 Compliance must be transmitted to OAL by 1-25-2011 or emergency language will
					 be repealed by operation of law on the following day.
2. New chapter
					 5 (articles 1-4, sections
					 5350-5384), article 1 (section
					 5350) and section refiled 1-6-2011
					 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of
					 Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be
					 repealed by operation of law on the following day.
3. New chapter 5
					 (articles 1-4, sections
					 5350-5384), article 1 (section
					 5350) and section refiled 4-1-2011
					 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of
					 Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 4-1-2011 order, including amendment of section, transmitted to
					 OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5.
					 Amendment of definition of "IDB Application" filed 12-9-2011 as an emergency;
					 operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must
					 be transmitted to OAL by 6-6-2012 or emergency language will be repealed by
					 operation of law on the following day.
6. Amendment of definition of
					 "IDB Application" refiled 6-1-2012 as an emergency; operative 6-1-2012
					 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL
					 by 8-30-2012 or emergency language will be repealed by operation of law on the
					 following day.
7. Amendment of definition of "IDB Application"
					 refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35).
					 A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or
					 emergency language will be repealed by operation of law on the following
					 day.
8. Renumbering of former chapter 5 to chapter 6 filed
					 12-21-2012 as an emergency pursuant to Government Code section
					 8869.94;
					 operative 12-21-2012 (Register 2012, No. 51). A Certificate of Compliance must
					 be transmitted to OAL by 6-19-2013 or emergency language will be repealed by
					 operation of law on the following day.
9. Certificate of Compliance
					 as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013
					 (Register 2013, No. 2).
10. Certificate of Compliance as to
					 12-21-2012 order transmitted to OAL 5-23-2013 and filed 7-8-2013 (Register
					 2013, No. 28).
11. Amendment of definition of "IDB Application"
					 filed 7-10-2014 as an emergency; operative 7-10-2014 (Register 2014, No. 28). A
					 Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency
					 language will be repealed by operation of law on the following
					 day.
12. Certificate of Compliance as to 7-10-2014 order, including
					 further amendment of definition of "IDB Application," transmitted to OAL
					 11-26-2014 and filed 1-13-2015; amendments effective 1-13-2015 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 3).
13. Amendment of definition of "IDB
					 Application" filed 12-15-2016 as an emergency pursuant to Government Code
					 section
					 8869.94;
					 operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must
					 be transmitted to OAL by 6-13-2017 or emergency language will be repealed by
					 operation of law on the following day.
14. Amendment of definition
					 of "IDB Application" refiled 5-30-2017 as an emergency pursuant to Government
					 Code section
					 8869.94;
					 operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must
					 be transmitted to OAL by 9-12-2017 or emergency language will be repealed by
					 operation of law on the following day.
15. Reinstatement of section
					 as it existed prior to 12-15-2016 emergency amendment by operation of
					 Government Code section
					 11346.1(f)
					 (Register 2017, No. 38).
16. Amendment of definition of "IDB
					 Application" filed 10-13-2017; operative 10-13-2017 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2017, No. 41).
17. Change without regulatory effect
					 amending definition of "IDB Application" filed 3-13-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 11).
18. Change without regulatory
					 effect amending definitions of "IDB Application" and "Job Retention" filed
					 1-16-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 3).
Note: Authority cited: Section
						8869.94,
						Government Code. Reference: Section
						8869.84(c),
						Government Code.