reglab/statecodes huggingface dataset:
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8410 - Match Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to 24 CFR 576.201, the
				  Department will provide HUD with annual documentation of the sources and
				  amounts of matching funds required of the Department as a recipient of ESG
				  funds.
(b) Pursuant to subdivision
				  (a), the Department may satisfy HUD's matching requirement, by submitting
				  documentation to HUD of available State funding for programs serving persons
				  experiencing homelessness.
(c)
				  Pursuant to subdivision (a), the Department will set forth in the applicable
				  ESG Action Plan and NOFA any requirement of ESG Subrecipients and Subrecipients
				  of the Administrative Entity to provide documentation of matching
				  funds.
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Amendment of section and NOTE filed 2-25-2016; operative
					 4-1-2016 (Register 2016, No. 9).
3. Governor Newsom issued Executive
					 Order N-66-20 (2019 CA EO 66-20), dated May 29, 2020, relating to procedures
					 and conditions for the allocation of funds pursuant to Public Law 116-136, due
					 to the COVID-19 pandemic.
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 42 U.S.C. Section 11375; and 24 C.F.R.
						576.201.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8411 - Standard Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall enter into a written
				  contract, known as the "Standard Agreement" directly with the Subrecipient.
(1) For the Administrative Entity, the
				  Standard Agreement will follow receipt of funding recommendations from an
				  Administrative Entity and certification by the Administrative Entity that the
				  proposed activities meet federal and State requirements pursuant to sections
				  8403, 8408, and 8409. The Department may require documentation to verify the
				  accuracy of the information provided.
(2) For funding recommendations made pursuant
				  to sections 8403(a)(2) and 8404(a)(2), the Standard Agreement will follow after
				  receipt of these recommendations from the Continuum of Care, and verification
				  by the Department that the requirements of these sections have been
				  met.
(3) For applications funded
				  pursuant to the NOFA, the Standard Agreement will follow the funding award by
				  the Department.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8412 - Disbursement Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) ESG funds shall be disbursed pursuant to
				  the terms of the Standard Agreement.
(b) The Department may rely on the
				  Subrecipient's certification that expenditures claimed in a request for
				  disbursement are eligible and necessary, provided that the Subrecipient also
				  certifies that detailed supporting documentation verifying each expenditure is
				  available and shall be retained by the Subrecipient for six years after the
				  execution of the Standard Agreement.
(c) Subrecipients may request an advance of
				  30 days working capital or $5,000, whichever is greater, after the Standard
				  Agreement is fully executed.
(d)
				  The Department shall establish minimum disbursement amounts or other related
				  procedures necessary for the efficient administration of the ESG program.
				  Requests for disbursement must be made at least quarterly.
(e) If a Subrecipient uses ESG funds for the
				  costs of ineligible activities, the Subrecipient shall be required to reimburse
				  these funds to the Department, and shall be prohibited from applying to the
				  Department for subsequent ESG funds until the Department is fully
				  repaid.
(f) Notwithstanding section
				  subdivision (c), above only costs incurred after full execution of the Standard
				  Agreement, and after all environmental review requirements have been met, will
				  be paid by the Department. Environmental review compliance shall include
				  compliance with 24 C.F.R. Part 50.
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8412 to section 8411 and
					 renumbering of former section 8416 to new section 8412, including amendment of
					 section and NOTE, filed 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R. Part
						50.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8413 - Recordkeeping and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the recordkeeping
				  requirements of 24 C.F.R. Parts 84 and 85, the Subrecipient shall retain all
				  program records pertaining to the Standard Agreement for a period of five years
				  from the date of expenditure of all funds under the Standard
				  Agreement.
(b) The Subrecipient
				  shall submit the following reports.
(1)
				  Annual performance reports during the period of the grant;
(2) A written completion report must be
				  submitted within 60 days after expiration of the Standard Agreement;
(3) Additional reports may be requested by
				  the Department to meet other applicable federal reporting
				  requirements.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8414 - Monitoring Grant Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrative Entities shall monitor the
				  activities selected and awarded by them to ensure compliance with federal and
				  State ESG requirements. An onsite monitoring visit of selected providers shall
				  occur whenever determined necessary by the Administrative Entity, but at least
				  once during the grant period.
(b)
				  The Department will monitor the performance of the Subrecipient based on a risk
				  assessment and according to the terms of the Standard Agreement. The Department
				  may also monitor the Subrecipient of the Administrative Entity as the
				  Department deems appropriate based on a risk assessment.
(c) The Department will monitor the
				  performance of Administrative Entity and funded projects based on the
				  performance measures used by HUD in ESG or the Continuum of Care program. In
				  the event that project-level or system-wide performance consistently remains in
				  the lowest quartile compared to all participating Service Areas in the
				  Continuum of Care allocation, the Department will work collaboratively with the
				  Administrative Entity to develop performance improvement plans which will be
				  incorporated into the Standard Agreement and other agreements required under
				  section 8403.
(d) If it is
				  determined that a Subrecipient falsified any certification, application
				  information, financial, or contract report, the Subrecipient shall be required
				  to reimburse the full amount of the ESG award to the Department, and may be
				  prohibited from any further participation in the ESG program. The Department
				  may also impose any other actions permitted under 24 CFR 576.501 (c).
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Repealer of former section 8414 and renumbering of former
					 section 8418 to new section 8414, including amendment of section and NOTE,
					 filed 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R
						576.50.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8415 - Audit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Private nonprofit organizations must
				  submit audits to the Department for review and approval. These audits must
				  comply with all applicable federal laws, including without limitation
				  applicable OMB Circulars. See 24 C.F.R. 576.407 (c).
(b) Units of general local government must
				  submit audits to the Department for review and approval. These audits must
				  comply with all applicable federal and other laws.
(c) The Department may also periodically
				  request that a Subrecipient be audited at the expense of the Subrecipient and
				  the Subrecipient shall comply.
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Repealer of former section 8415 and renumbering of former
					 section 8419 to new section 8415, including amendment of section and NOTE,
					 filed 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R.
						576.407.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8416 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may impose sanctions, as well as any other
					 remedies available to it under law, on a Subrecipient for failure to abide by
					 any State and federal laws and regulations applicable to the ESG program. As
					 the Department deems appropriate or necessary, sanctions include, without
					 limitation, any or all of the following:
(a) Conditioning a future ESG grant on
				  compliance with specific laws or regulations;
(b) Directing a Subrecipient to stop
				  incurring costs under the current grant;
(c) Requiring that some or all of the grant
				  amount be remitted to the Department;
(d) Reducing the amount of grant funds a
				  Subrecipient would otherwise be entitled to receive;
(e) Electing not to award future grant funds
				  to a Subrecipient and prohibiting an Administrative Entity from awarding to a
				  particular Subrecipient of the Administrative Entity until appropriate actions
				  are taken to ensure compliance with ESG requirements; and/or;
(f) Taking any other actions permitted
				  pursuant to 24 CFR 576.501.
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8416 to section 8412 and
					 renumbering of former section 8420 to new section 8416, including amendment of
					 section and NOTE, filed 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R.
						576.50(c).
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8417 - Other Federal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subrecipients and Subrecipients of the Administrative
					 Entity shall abide by all applicable local, state, and federal laws pertaining
					 to the ESG program, including, but not limited to, all other applicable federal
					 laws cited in 42 U.S.C. sections 11371-11378 and 24 C.F.R. Part
					 576.
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8417 to section 8413 and
					 renumbering of former section 8421 to new section 8417, including amendment of
					 section and NOTE, filed 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 42 U.S.C. Sections 11371-11378; and 24 C.F.R.
						576.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8418 - Monitoring Grant Activities. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8418 to section 8414 filed
					 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R Sections 576.61 and
						576.67.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8419 - Audit Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8419 to section 8415 filed
					 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R. Sections 576.57 and 576.61; 24 C.F.R. Parts
						44 and 45.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8420 - Sanctions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8420 to section 8416 filed
					 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R. Sections 576.61 and
						576.67.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 20 - Federal Emergency Shelter Grants Program › Section 8421 - Other Federal Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-14-2004; operative 8-13-2004 (Register 2004, No.
					 29).
2. Renumbering of former section 8421 to section 8417 filed
					 2-25-2016; operative 4-1-2016 (Register 2016, No.
					 9).
Note: Authority cited: Section 50406(n), Health and
						Safety Code. Reference: 24 C.F.R.
						576.61.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 1 - General › Section 8430 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations implement and interpret Chapter 12.8
						(commencing with Section 7070) of Division 7 of Title 1, Government Code, which
						establishes the Enterprise Zone Act; and Sections 17053.74(c) and 23622(c) of
						the Revenue and Taxation Code.
1. New
						subchapter 21 (articles 1-2) article 1 (sections 8340-8431) and section filed
						9-30-2004 as an emergency; operative 9-30-2004 (Register 2004, No. 40). This
						emergency regulation will remain in effect for 360 days from the date of filing
						pursuant to Government Code section 7086, subdivision (d). A Certificate of
						Compliance must be transmitted to OAL by 9-25-2005 or emergency language will
						be repealed by operation of law on the following day.
2. Editorial
						correction of HISTORY 1 (Register 2005, No. 2).
3. Certificate of
						Compliance as to 9-30-2004 order transmitted to OAL 8-16-2005 and filed
						9-27-2005 (Register 2005, No. 39).
4. Change without regulatory
						effect amending subchapter 21 heading filed 4-24-2006 pursuant to section 100,
						title 1, California Code of Regulations (Register 2006, No.
						17).
Note: Authority cited: Sections 7086(a) and (d),
						  Government Code; and Sections 17053.74(c)(1) and 23622.7(c)(1), Revenue and
						  Taxation Code. Reference: Chapter 12.8 (commencing with Section 7070) of Div.
						  7, Title 1, Government Code; and Sections 17053.74(c) and 23622.7(c), Revenue
						  and Taxation Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 2 - Department Application Fees › Section 8432 - Amount of Department Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Commencing on November 1, 2004, each
					 enterprise zone shall remit to the Department a fee of $10.00 for each
					 application for a Certificate that it accepts. The enterprise zone may collect
					 this fee at the time it accepts an application for processing. The fees shall
					 be remitted pursuant to the procedures set forth in Section 8433.
(b) The Department may adjust the
					 per-application fee from time to time, pursuant to the Administrative Procedure
					 Act, to ensure that fees collected meet, but do not exceed, the Department's
					 costs of administering the Act. In no case shall the per-application fee exceed
					 $10. Prior to any such adjustment, the Department shall notify all enterprise
					 zones.
1. New
						article 2 (sections 8342-8435) and section filed 9-30-2004 as an emergency;
						operative 9-30-2004 (Register 2004, No. 40). This emergency regulation will
						remain in effect for 360 days from the date of filing pursuant to Government
						Code section 7086, subdivision (d). A Certificate of Compliance must be
						transmitted to OAL by 9-25-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Editorial correction of
						HISTORY 1 (Register 2005, No. 2).
3. Certificate of Compliance as to
						9-30-2004 order transmitted to OAL 8-16-2005 and filed 9-27-2005 (Register
						2005, No. 39).
Note: Authority cited: Sections 7086(a) and (d),
						  Government Code; and Sections 17053.74(c)(1) and 23622.7(c)(1), Revenue and
						  Taxation Code. Reference: Sections 7076(c) and 7086(d), Government Code; and
						  Sections 17053.74(c)(1) and 23622.7(c)(1), Revenue and Taxation
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 2 - Department Application Fees › Section 8433 - Procedure for Remittance of Department Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No later than the 25th day of December
					 2004, and on the 25th day of each month thereafter, each enterprise zone shall
					 file a completed Remittance Form with the Department for the fees collected
					 during the preceding month. An enterprise zone shall file a Remittance Form
					 even if no applications were accepted during the preceding month.
(b) The Remittance Form shall be provided by
					 the Department and shall inform the enterprise zone that the fees are being
					 collected to reimburse the Department for the costs of its administration of
					 the Act, and shall include instructions for returning the completed Remittance
					 Form. The Remittance Form shall request the following information:
(1) date submitted;
(2) name of the enterprise zone;
(3) the enterprise zone contact person,
					 telephone number and e-mail address;
(4) total number of applications accepted for
					 the preceding month; and
(5) the
					 total amount of funds being remitted.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 2 - Department Application Fees › Section 8434 - Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Department determines that an enterprise zone has
						failed to comply with the requirements of this Article it may:
(a) Suspend any discretionary services
					 rendered to the enterprise zone including, but not limited to, processing of
					 expansion requests or requests to extend the enterprise zone designation;
					 and
(b) Issue a determination that
					 the enterprise zone is failing for purposes of Government Code Section 7076.1,
					 without further audit of the enterprise zone's operations.
1. New
						section filed 9-30-2004 as an emergency; operative 9-30-2004 (Register 2004,
						No. 40). This emergency regulation will remain in effect for 360 days from the
						date of filing pursuant to Government Code section 7086, subdivision (d). A
						Certificate of Compliance must be transmitted to OAL by 9-25-2005 or emergency
						language will be repealed by operation of law on the following
						day.
2. Editorial correction of HISTORY 1 (Register 2005, No.
						2).
3. Certificate of Compliance as to 9-30-2004 order, including
						amendment of first paragraph and subsection (a), transmitted to OAL 8-16-200 5
						and filed 9-27-2005 (Register 2005, No. 39).
Note: Authority cited: Sections 7086(a) and (d),
						  Government Code; and Sections 17053.74(c)(1) and 23622.7(c)(1), Revenue and
						  Taxation Code. Reference: Sections 7076(c), 7076.1 and 7086(d), Government
						  Code; and Sections 17053.74(c)(1) and 23622.7(c)(1), Revenue and Taxation
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 3 - Enterprise Zone Designation Process-General › Section 8439.1 - Enterprise Zone Designation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulations contained in this chapter
					 govern the establishment of enterprise zones pursuant to the Enterprise Zone
					 Act, Government Code sections 7070 et seq.
(b) The Agency shall designate a maximum of
					 twenty-five (25) enterprise zones, in addition to two small cities enterprise
					 zones and two SB1438 zones. Pursuant to Government Code section 7073.9, the
					 Agency shall designate two small cities enterprise zones. Pursuant to
					 Government Code section 7073.7, the Agency shall designate two SB1438 zones.
					 The four shall be in addition to the 25 previous designated. Except for the
					 small cities and SB1438 designations, the Agency shall select a maximum of
					 twenty (20) preliminary applications during each designation process to
					 complete a final application, and from the final applications, the Agency shall
					 designate up to eight (8) enterprise zones during each designation process. The
					 Agency shall select a maximum of five (5) preliminary applications for
					 designation of small cities enterprise zones and SB1438 zones, and shall
					 conditionally designate two of the final applicants.
(c) The Agency shall designate an application
					 area as an enterprise zone provided each of the following requirements is
					 satisfied:
(1) A city, county or city and
					 county submits a preliminary application to the Agency, or in the case of a
					 small cities enterprise zone, a small city submits an application;
(2) The application area contains an eligible
					 area and includes:
(A) a commercial area
					 contained within or contiguous to the eligible area; and/or
(B) an industrial area contained within or
					 adjacent to the eligible area;
(3) The preliminary applicant has been
					 selected by the Agency to complete a final application; and
(4) The Agency has awarded the final
					 applicant both conditional and final designation status.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 3 - Enterprise Zone Designation Process-General › Section 8439.2 - Address of Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following is the Agency mailing address for any and
						all correspondence, applications, petitions, documents, and other materials
						concerning enterprise zones:
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ENTERPRISE ZONE PROGRAM MANAGER
P.O. BOX 942054
SACRAMENTO, CALIFORNIA 94252-2054
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A
						Certificate of Compliance must be transmitted to OAL within 180 days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect amending section filed
						2-7-94 pursuant to title 1, section 100, California Code of Regulations
						(Register 94, No. 6).
4. Change without regulatory effect amending
						section heading filed 6-15-94 pursuant to title 1, section 100, California Code
						of Regulations (Register 94, No. 24).
5. Change without regulatory
						effect renumbering title 10, section 5601 to title 25, section 8439.2 and
						amending section filed 7-19-2005 pursuant to section 100, title 1, California
						Code of Regulations (Register 2005, No. 29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Sections 7071 and 7073, Government
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 3 - Enterprise Zone Designation Process-General › Section 8439.3 - Enterprise Zone Application Handbooks; Application Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Agency shall prepare a handbook
					 entitled "Enterprise Zone Preliminary Application Handbook" that will be mailed
					 to all persons and entities who have requested receipt of a preliminary
					 application. In the case of the small cities enterprise zone designation, the
					 handbook shall be mailed to all small cities. The Enterprise Zone Preliminary
					 Application Handbook shall contain the following:
(1) All due dates for the preliminary
					 application;
(2) A description of
					 the designation process;
(3) The
					 scoring criteria and method employed by the Agency in evaluating preliminary
					 applications; and
(4) The
					 preliminary application form.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 3 - Enterprise Zone Designation Process-General › Section 8439.4 - Application Area; Prohibition Against Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each preliminary and final application
					 shall include one, and only one, application area, consisting of one eligible
					 area and one industrial and/or one commercial area. The commercial area shall
					 be contiguous to or contained within the eligible area and shall have
					 continuous boundaries. The industrial area shall be either contained within or
					 adjacent to the eligible area and shall have continuous boundaries. As used in
					 this Section, "adjacent" means eligible area residents can be expected to seek
					 employment in the industrial area based upon historic employment
					 practices.
(b) The application area
					 identified in a preliminary application shall not be changed in the final
					 application except as specified in section 8443.1.
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A
						Certificate of Compliance must be transmitted to OAL within 180 days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect renumbering title 10,
						section 5601.2 to title 25, section 8439.4 and amending section and NOTE filed
						7-19-2005 pursuant to section 100, title 1, California Code of Regulations
						(Register 2005, No. 29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Sections 7071, 7073 and 7076, Government
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 4 - Eligible Areas › Section 8440 - Identification of Eligible Area; Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for an SB1438 zone, an eligible
					 area shall meet the requirements set forth in section 8440.1 and the entire
					 geographic area shall:
(1) Meet the criteria
					 for a distressed area contained in section 8440.2 and/or
(2) Comply with article 5 of this
					 subchapter.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 4 - Eligible Areas › Section 8440.1 - Continuous Boundaries; Area Population

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An eligible area shall consist of census tracts, block
						groups, or enumeration districts with continuous boundaries, and shall contain
						a population of at least 2,500 persons (based upon the most recent decennial
						census).
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A
						Certificate of Compliance must be transmitted to OAL within 180days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect renumbering title 10,
						section 5602.1 to title 25, section 8440.1 and amending NOTE filed 7-19-2005
						pursuant to section 100, title 1, California Code of Regulations (Register
						2005, No. 29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Section 7073, Government
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 4 - Eligible Areas › Section 8440.2 - Distress Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each census tract, block group, or enumeration district within a non-petition
					 distress area must meet at least three (3) of the distress criteria listed
					 below:
(1) The net increase in per capita
					 income between 1969 and 1983 was $8,203 or less;
(2) The average rate of unemployment for both
					 1984 and 1985 was 9% or more;
(3)
					 The percent of persons below the poverty level in 1980 was 12.4% or more;
					 or
(4) At least 70% of the
					 households had income below 80% of median county household income during
					 1980.
(5) The area is within a
					 jurisdiction declared a disaster area by the President of the United States
					 within the last seven years.
The Agency shall provide applicants with the
						above-referenced data for each census tract, block group, or enumeration
						district using information prepared by the Department of
						Finance.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 4 - Eligible Areas › Section 8440.3 - Sb1438 Zone Eligible Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Area", as used in this section, means
					 the county for a census tract outside a city, and the city for a census tract
					 within a city. Therefore, in subsection (b)(1), "unemployment rate for the
					 area" means that rate within the city if the census tract is in a city,
					 otherwise it means the rate for the county.
(b) Each census tract within the SB1438 zone
					 eligible area shall comply with a minimum of two of the following:
(1) The unemployment rate in the area has
					 been twice the unemployment rate for the State of California in each of the
					 years 1990 through 1994, inclusive, based upon figures provided by the Economic
					 Development Department.
(2) The
					 1990 median household income for each census tract is less than 90 percent of
					 the 1990 median household income for the county in which the census tract is
					 located, based upon figures provided by the Department of Finance Demographics
					 Unit.
(3) The area has experienced
					 at least an eight percent increase in population per year in both 1993 and 1994
					 while employment in the area has increased less than eight percent per year in
					 1993 and 1994, based upon figures provided by the Economic Development
					 Department. In calculating the increase, if 1992 population was 100,000, then
					 population in 1993 must be at least 108,000, and in 1994 at least
					 116,640.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 5 - Eligible Area Petition Process › Section 8441 - Petition Area as an Eligible Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the petition area does not comply with
					 the distress criteria specified in section 8440.2, the petition area shall
					 qualify as a distressed area, provided the petition area meets the requirements
					 of one of the following sections: section 8441.2, section 8441.3 or section
					 8441.4.
(b) The petition shall
					 contain all of the following information:
(1)
					 A description and identification of the exact location and the specific
					 boundaries of the petition area, together with the population data for the
					 petition area.
(2) All data and
					 information in support of the contention that the petition area meets the
					 requisite distress criteria set forth in one of the following sections: 8441.2,
					 8441.3, or 8441.4.
(3) All data and
					 information in support of the contention that the eligible area meets the
					 requirements of section 8440.1.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 5 - Eligible Area Petition Process › Section 8441.1 - Petition; Time for Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A city, county, or city and county shall
					 be authorized to submit a written petition to the Agency for a finding that a
					 geographic area within its jurisdiction qualifies as a distressed
					 area.
(b) Except for a small cities
					 enterprise zone petition, the petition shall be received by the Agency on or
					 before the sixtieth (60th) day prior to the date that the preliminary
					 applications are due to the Agency. Petitions under the small cities enterprise
					 zone program shall be received by the Agency by the preliminary application due
					 date. The Agency shall not accept any petition that is received after the
					 petition due date.
(c) The Agency
					 shall publish the due date for petitions in the Enterprise Zone Preliminary
					 Application Handbook.
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A
						Certificate of Compliance must be transmitted to OAL within 180 days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect amending section filed
						2-7-94 pursuant to title 1, section 100, California Code of Regulations
						(Register 94, No. 6).
4. Amendment of subsection (b) and NOTE filed
						5-24-94 as an emergency; operative 5-24-94 (Register 94, No. 21). A Certificate
						of Compliance must be transmitted to OAL by 11-21-94 pursuant to Government
						Code section 7076 or emergency language will be repealed by operation of law on
						the following day.
5. Reinstatement of subsection (b) and NOTE as
						they existed prior to emergency amendment filed 2-6-95 by operation of
						Government Code section 11346.1(f) (Register 95, No. 6).
6.
						Amendment of subsection (b) and NOTE filed 3-14-95; operative 3-14-95 pursuant
						to Government Code section 11343.4(d) (Register 95, No. 11).
7.
						Change without regulatory effect renumbering title 10, section 5605 to title
						25, section 8441.1 and amending NOTE filed 7-19-2005 pursuant to section 100,
						title 1, California Code of Regulations (Register 2005, No.
						29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Sections 7073 and 7073.9, Government
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 5 - Eligible Area Petition Process › Section 8441.2 - Plant Closures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition area shall qualify as a distressed area if the petition area has
					 experienced a plant closure or closures causing the unemployment of at least
					 100 full-time workers from the plant(s) within the twenty-four (24) months
					 prior to the filing of the petition.
(b) For purposes of this section, the
					 following definitions shall apply:
(1)
					 "Plant" means a business that manufactures, processes, combines or otherwise
					 fabricates a product, and includes a military base; and
(2) "Full-time" means employment which when
					 aggregated with respect to one or more employees totals at least one thousand
					 seven hundred and fifty (1,750) hours per 12-month period.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 5 - Eligible Area Petition Process › Section 8441.3 - Substantially Similar Conditions of Economic Distress

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition area shall qualify as a distressed area if at
						least 51% of the population or the geographic area within the petition area
						complies with the provisions of section 8440.2. The remaining portion of the
						population or the geographic area within the petition area shall meet a minimum
						of three (3) economic distress criteria. At least one (1) of the three (3)
						criteria shall be an economic distress criteria specified in section 8440.2.
						The remaining criteria shall meet the criteria set forth below.
(a) The percentage of aid to families with
					 dependent children (AFDC) recipients residing in the petition area is one
					 hundred and twenty percent (120%) or more of the percentage of AFDC recipients
					 residing in the State of California and in the county within which the petition
					 area is located. For the purposes of this subsection, the following data shall
					 be utilized in calculating the percentage of AFDC recipients residing in the
					 petition area, the State and the county:
(1)
					 The number of resident AFDC recipients shall be based upon the most recent
					 annual data compiled by the State Department of Social Services; and
(2) The total number of residents shall be
					 based on the most recent decennial census data prepared by the United States
					 Department of Commerce, Bureau of the Census;
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 5 - Eligible Area Petition Process › Section 8441.4 - Gang-Related Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition area shall qualify as a distressed area if the petition area has
					 experienced a history of gang-related activity, whether or not crimes of
					 violence have been committed.
(b)
					 The city, county, or city and county shall attach the documents demonstrating
					 that the petition area has been identified by the Office of Criminal Justice
					 Planning for the State of California as a gang activity area.
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A
						Certificate of Compliance must be transmitted to OAL within 180 days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect renumbering title 10,
						section 5605.3 to title 25, section 8441.4 and amending NOTE filed 7-19-2005
						pursuant to section 100, title 1, California Code of Regulations (Register
						2005, No. 29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Section 7073, Government
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 5 - Eligible Area Petition Process › Section 8441.5 - Approval or Denial of Petitions; Finality of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Agency shall mail a "petition letter"
					 to each city, county, or city and county that submitted a petition within
					 thirty (30) days after the date specified in section 8441.1(b) for the filing
					 of petitions. The petition letter shall inform the city, county, and or city
					 and county that submitted a petition whether the petition is approved or
					 denied.
(b) If the petition has
					 been denied, the petition letter shall inform the city, county, or city and
					 county that submitted a petition of the reasons for denying the petition. The
					 Agency's decision to deny a petition shall be final and no further review of
					 the petition shall be conducted by the Agency.
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A
						Certificate of Compliance must be transmitted to OAL within 180 days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect amending section filed
						2-7-94 pursuant to title 1, section 100, California Code of Regulations
						(Register 94, No. 6).
4. Change without regulatory effect amending
						subsection (b) filed 6-15-94 pursuant to title 1, section 100, California Code
						of Regulations (Register 94, No. 24).
5. Change without regulatory
						effect renumbering title 10, section 5605.4 to title 25, section 8441.5 and
						amending section filed 7-19-2005 pursuant to section 100, title 1, California
						Code of Regulations (Register 2005, No. 29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Section 7073, Government
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 6 - Preliminary Application Procedure › Section 8442 - Jurisdiction over Applications Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No city, county or city and county shall
					 participate as an applicant unless a portion of the proposed application area
					 is within its jurisdiction.
(b) For
					 the purposes of this article, "jurisdiction" means the geographic area where
					 applicant has authority to enforce ordinances and resolutions.
(c) Each application must include at least
					 one applicant city and/or county with jurisdiction in the eligible
					 area.
1. New
						section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A
						Certificate of Compliance must be transmitted to OAL within 180 days or
						emergency language will be repealed on 10-1-90. For prior history, see Register
						87, No. 2.
2. Certificate of Compliance as to 4-2-90 order
						transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No.
						50).
3. Change without regulatory effect renumbering title 10,
						section 5606 to title 25, section 8442 filed 7-19-2005 pursuant to section 100,
						title 1, California Code of Regulations (Register 2005, No.
						29).
Note: Authority cited: Sections 7073 and 7076,
						  Government Code. Reference: Section 7073, Government
						  Code.