reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.15 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions in Section
				  8070, the following definitions
				  shall apply only to the California Seismic Safety Capital Access Loan Program,
				  Sections 8078.15 to
				  8078.21 inclusive. To the extent
				  the definitions contained herein conflict with definitions contained in Section
				  8070, the definitions in this
				  section shall control for purposes of the Program.
(a) "CalCAP/Seismic Safety Contribution"
				means the Contribution(s) made by the Authority from the California Seismic
				Safety Capital Access Loan Program Fund established pursuant to Section
				44559.14(c)(1)
				of the Health and Safety Code.
(b)
				"Cost Estimate" means a written proposal or estimate of the Eligible Costs of
				materials, services, and other expenses identified to complete the Seismic
				retrofit construction for each Eligible project as provided by an engineer,
				architect or a licensed contractor.
(c) "Earthquake-Resistant Bracing System"
				means a bracing system, certified by the Department of Housing and Community
				Development, designed and constructed for the purpose of protecting the health
				and safety of the occupants and reducing damage in the event of an
				earthquake.
(d) "Eligible Costs"
				means and includes all or any part, as defined in Section
				44559.14(b)(2)
				of the Health and Safety Code, the costs paid or incurred on or after January
				1, 2017, for an Eligible project, including any engineering or architectural
				design work necessary to permit or complete the Eligible project less the
				amount of any grant provided by a public entity for the Eligible project.
				"Eligible Costs" do not include costs paid or incurred for any of the
				following:
(1) Maintenance, including
				abatement of deferred or inadequate maintenance, and correction of violations
				unrelated to the seismic retrofit construction.
(2) Repair, including repair of earthquake
				damage.
(3) Seismic retrofit
				construction required by local building codes as a result of addition, repair,
				building relocation, or change of use or occupancy.
(4) Other work or improvement required by
				local building or planning codes as a result of the intended seismic retrofit
				construction.
(5) Rent reductions
				or other associated compensation, compliance actions, or other related
				coordination involving the qualified residential property owner or qualified
				small business and any other party, including a tenant, insurer, or
				lender.
(6) Replacement of existing
				building components, including equipment, except as needed to complete the
				seismic retrofit construction.
(7)
				Bracing or securing nonpermanent building contents.
(8) The offset of costs, reimbursements, or
				other costs transferred from the Qualified residential property owner or
				Qualified small business to others.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.16 - Application by Financial Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial Institutions shall follow the procedures set forth
				  in Section 8071 in making application to
				  become Participating Financial Institutions in the Program.
1. New section
				  filed 12-22-2016 as an emergency; operative 12-22-2016 (Register 2016, No. 52).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b)
				  and
				  44559.14(e).
				  A Certificate of Compliance must be transmitted to OAL by 6-20-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 12-22-2016 order transmitted
				  to OAL 6-19-2017 and filed 7-26-2017 (Register 2017, No. 30).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.14,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.17 - Loan Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				terms and conditions of the Qualified Loans, including rates, fees and other
				conditions, shall be determined solely by agreement of the Participating
				Financial Institution and the Borrower, consistent with the Participating
				Financial Institution's usual methods for making determinations on loans that
				are not enrolled in the Program and subject to the safety and soundness
				standards as set forth in applicable federal banking regulations or State law
				regulating the Participating Financial Institution.
(b) A Participating Financial Institution
				shall be authorized to enroll under the Program all or a part of any Qualified
				Loan:
(1) by notifying the Authority in
				writing, within 15 business days after the Qualified Loan is made, that it is
				enrolling a Qualified Loan. For purposes of this section, the date on which the
				Participating Financial Institution makes a Qualified Loan is the date on which
				the Participating Financial Institution first disburses proceeds of the
				Qualified Loan to the Borrower; and
(2) by transmitting to the Authority the Fees
				collected from the Participating Financial Institution and the Borrower in
				connection with the Qualified Loan, and by providing written evidence that the
				Fees have been deposited in a Loss Reserve Account held either by the
				Participating Financial Institution or the Program Trustee.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.18 - Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the Executive Director's acceptance of an application by a Participating
				Financial Institution, CPCFA shall establish a Loss Reserve Account for that
				Participating Financial Institution for this Program for the following
				purposes:
(1) To receive deposits from the
				Participating Financial Institution Contributions, the Borrower Contributions
				and the CalCAP/Seismic Safety Contributions; and
(2) To pay claims in accordance with Section
				8078.19.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.19 - Claim for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Participating Financial Institutions shall follow the
				  procedures set forth in Section
				  8074 in making claims for
				  reimbursement for Qualified Loans enrolled in the California Seismic Safety
				  Capital Access Financing Program. Any references to Section
				  8072 shall be replaced with Section
				  8078.17.
1. New section
				  filed 12-22-2016 as an emergency; operative 12-22-2016 (Register 2016, No. 52).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b)
				  and
				  44559.14(e).
				  A Certificate of Compliance must be transmitted to OAL by 6-20-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 12-22-2016 order transmitted
				  to OAL 6-19-2017 and filed 7-26-2017 (Register 2017, No. 30).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.14,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.20 - Subrogation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for subrogation set forth in Section
				  8075 shall be followed for loans
				  enrolled in the California Seismic Safety Capital Access Financing
				  Program.
1. New section
				  filed 12-22-2016 as an emergency; operative 12-22-2016 (Register 2016, No. 52).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b)
				  and
				  44559.14(e).
				  A Certificate of Compliance must be transmitted to OAL by 6-20-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 12-22-2016 order transmitted
				  to OAL 6-19-2017 and filed 7-26-2017 (Register 2017, No. 30).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.14,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.21 - Termination and Withdrawal from Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for termination and withdrawal from the CalCAP
				  program set forth in Section
				  8076 shall be followed for loans
				  enrolled in the California Seismic Safety Capital Access Loan Program.
1. New section
				  filed 12-22-2016 as an emergency; operative 12-22-2016 (Register 2016, No. 52).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b)
				  and
				  44559.14(e).
				  A Certificate of Compliance must be transmitted to OAL by 6-20-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 12-22-2016 order transmitted
				  to OAL 6-19-2017 and filed 7-26-2017 (Register 2017, No. 30).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.14,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.22 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions in Section
				  8070, the following definitions
				  shall apply only to the California Capital Access Program Air Resources Board
				  On-Road Heavy-Duty Vehicle Air Quality Loan Program, Sections
				  8078.22 to
				  8078.28 inclusive. To the extent
				  the definitions contained herein conflict with definitions contained in Section
				  8070, the definitions in this
				  section shall control for purposes of the California Capital Access Program Air
				  Resources Board On-Road Heavy-Duty Vehicle Air Quality Loan Program.
(a) "ARB" means the California Air Resources
				Board.
(b) "Eligible Cost" or
				"Eligible Purchase" means the amount of loan proceeds used for the acquisition
				of heavy duty diesel vehicles or equipment necessary to become compliant with
				the ARB's Statewide In-Use Truck and Bus Regulations defined in section
				2025, title 13, of the California
				Code of Regulations. In addition, heavy duty vehicles fueled by electric,
				natural gas, or hybrid engines in compliance with the emissions standards set
				by ARB may be considered an Eligible Purchase.
(c) "Interagency Agreement" means the
				agreement between ARB and the Authority, as may be amended from time to
				time.
(d) "On-Road Heavy-Duty
				Diesel Vehicles (In-Use) Regulation" means the Statewide In-Use Truck and Bus
				Regulations defined in section
				2025, title 13, of the California
				Code of Regulations.
(e) "Program"
				and "CalCAP ARB Financing Program" and "CalCAP ARB Program" and "CalCAP ARB"
				and "CalCAP ARB On-Road HDV Air Quality Loan Program" means the California
				Capital Access Program Air Resources Board On-Road Heavy-Duty Vehicle Air
				Quality Loan Program, established pursuant to the Interagency Agreement between
				the Authority and the Air Resources Board.
(f) "Qualified Business" means either a Truck
				Owner Operator or a business referred to in subdivisions (i) and (m) of Section
				44559.1
				of the Health and Safety Code, that meets the following additional criteria:
(1) Less than one hundred (100)
				employees;
(2) Only fleets with ten
				(10) or fewer vehicles are eligible to participate in the Program.
				Determination of the fleet size must be based on the definitions and criteria
				in the Statewide Truck & Bus Regulation at California Code of Regulations,
				title 13, section
				2025.
(3) Less than ten million dollars
				($10,000,000) in total gross annual income from all sources over the prior
				three (3) fiscal years; and
(4) The
				Primary economic effect of the Borrower's business activity must be in
				California.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.23 - Application by Financial Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial Institutions shall follow the procedures set forth
				  in Section 8071 to apply to become
				  Participating Financial Institutions in the Program.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.25 - Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the Executive Director's acceptance of an application by a Participating
				Financial Institution, the Authority shall establish a Loss Reserve Account for
				that Participating Financial Institution under the CalCAP ARB Financing Program
				for the following purposes:
(1) To receive all
				Contributions deposited by the Authority from funds provided by ARB based on
				the Contribution rates authorized by ARB in the Interagency Agreement as
				follows:
(A) for each new and existing
				Participating Financial Institution whose total Contributions in the Loss
				Reserve Account has not yet reached $500,000, the Contribution for each
				Qualified Loan is equal to 14 percent of the enrolled loan amount.
(B) for each Participating Financial
				Institution whose total Contributions in the Loss Reserve Account exceeds
				$500,000, the Contribution for each Qualified Loan is equal to 10 percent of
				the enrolled amount;
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.26 - Claim for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Participating Financial Institutions shall follow the procedures set forth in
				Section 8074 to submit claims for
				reimbursement for loans enrolled in the CalCAP ARB Financing Program. Any
				references to Section
				8072 in Section
				8074 shall be replaced with Section
				8078.24.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.27 - Subrogation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for subrogation set forth in Section
				  8075 shall be followed for loans
				  enrolled in the CalCAP ARB Financing Program.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.28 - Termination and Withdrawal from Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for termination and withdrawal from the
				  program set forth in Section
				  8076 shall be followed for loans
				  enrolled in the CalCAP ARB Financing Program.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.30 - Application by Financial Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial Institutions shall follow the procedures set forth
				  in Section 8071 to apply to become
				  Participating Financial Institutions in the Program.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.31 - Loan Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the terms and conditions set forth in Section
				  8072, the following additional
				  provisions shall apply to the Collateral Support Program:
(a) Participating Financial Institutions must
				submit to the Authority a Collateral Support Program Request and receive an
				Initial Approval prior to the funding of the loan. The Collateral Support
				Program Request shall include all of the information required in Section
				8072, in addition to the following:
(1) The type of the Qualified Loan, including
				whether the Qualified Loan is:
(A) A term
				loan, a bridge loan, or a line of credit
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.32 - Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements and procedures applicable to
				  Loss Reserve Accounts provided in Section
				  8073, the following requirements
				  and procedures shall apply only to the Collateral Support Program.
(a) A Loss Reserve Account shall be created
				for each Qualified Loan enrolled in the Collateral Support Program.
(b) The Authority shall recapture from each
				Loss Reserve Account, 100 percent of the Collateral Support at the expiration
				of the Term of Support for use for future Collateral Support Program cash
				deposits, Contributions, and administrative expenditures.
(1) The Authority shall deposit all
				Recaptured funds in the CalCAP for Collateral Support Program Fund dedicated
				solely for future program and administrative expenditures of the CalCAP for
				Collateral Support Program. The Authority may set aside up to 7 percent of all
				Recaptured funds for reasonable direct and indirect administrative costs of the
				Program.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.34 - Subrogation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for subrogation set forth in Section
				  8075 shall be followed for loans
				  enrolled in the Collateral Support Program.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-6-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.35 - Termination and Withdrawal from the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for termination and withdrawal from the
				  program set forth in Section
				  8076 shall be followed for loans
				  enrolled in the Collateral Support Program.
1. New section
				  filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and
				  Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
2.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8079 - Codes for Qualified Businesses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-21-94 as an emergency; operative 3-21-94 (Register 94, No. 12). This
				  filing was deemed an emergency by Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 9-19-94 or the
				  emergency regulation will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 3-21-94 order including
				  amendment of NOTE transmitted to OAL 9-16-94 and filed 10-31-94 (Register 94,
				  No. 44).
3. Renumbering and amendment of former section
				  8078 to section
				  8079 filed 2-6-96 as an emergency
				  pursuant to Health and Safety Code section
				  44520(b);
				  operative 2-6-96 (Register 96, No. 6). Pursuant to Health and Safety Code
				  section
				  44520(b),
				  a Certificate of Compliance must be transmitted to OAL by 8-5-96 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 2-6-96 order transmitted to
				  OAL 8-2-96 and filed 9-10-96 (Register 96, No. 37).
5. Amendment of
				  first paragraph filed 12-23-98; operative 12-23-98 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 98, No. 52).
6. Repealer filed 12-18-2000 as an emergency
				  pursuant to Health and Safety Code section
				  44520;
				  operative 1-1-2001 (Register 2000, No. 51). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-2001 or emergency language will be repealed by
				  operation of law on the following day.
7. Certificate of Compliance
				  as to 12-18-2000 order transmitted to OAL 6-14-2001 and filed 7-26-2001
				  (Register 2001, No. 30).
Note: Authority cited: Sections
					 44520 and
					 44559.5(f),
					 Division 27, Health and Safety Code. Reference: Section
					 44559.2, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 8 - Designation and Disclosure of Confidential Information › Section 8080 - Designation of Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No confidential information, or information that is the
				  subject of a pending application, shall be disclosed except as provided by
				  Section 8082, unless disclosure is ordered
				  by a court of competent jurisdiction.
(a) Any Applicant, Participating Financial
				Institution or Borrower as defined in Section
				8070 giving custody or ownership of
				information to the Authority may request that such information be designated
				confidential information and not publicly disclosed, but failure to so indicate
				at the time the information is submitted to the Authority is not a waiver of
				the right to request confidentiality later. A request for confidential
				designation shall:
(1) be on a sheet or
				sheets separate from but attached to the information;
(2) specifically indicate those parts of the
				information which should be kept confidential;
(3) state the length of time the information
				should be kept confidential, and provide justification for the length of
				time;
(4) cite and discuss (i) the
				provisions of the Public Records Act (California Government Code 6250 et seq.)
				or other law that allows the Authority to keep the information confidential,
				and (ii) the public interest in nondisclosure of the information. If it is
				believed that the record should not be disclosed because it contains trade
				secrets or its disclosure would otherwise cause loss of a competitive
				advantage, the request shall also state the specific nature of the advantage
				and how it would be lost, including the value of the information to the
				requesting party, and the ease or difficulty with which the information could
				be legitimately acquired or duplicated by others;
(5) state whether and how the information is
				kept confidential by the requesting party and whether it has ever been
				disclosed to a person other than an employee of the requesting party, and if so
				under what circumstances;
(6)
				contain the following certification executed by the person primarily
				responsible for preparing the request: "I certify under penalty of perjury that
				the information contained in this request for confidential designation is true,
				correct, and complete to the best of my knowledge, and that I am authorized to
				make this request and certification on behalf of [name of entity]";
				and
(7) specify whether the person
				submitting the request wishes the information returned or disclosed upon a
				denial of confidential designation; information returned to requesting party
				shall not be considered or reviewed as part of any application for bonds, or
				other financial assistance or participation in the Capital Access
				Program.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 8 - Designation and Disclosure of Confidential Information › Section 8081 - Disclosure of Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Executive Director shall be authorized to disclose information determined
				confidential pursuant to Section
				8080 to:
(1) Agency employees whose agency work
				requires inspection of the information.
(2) Persons under contract to the Authority
				whose work for the Authority requires inspection of the information and who
				agree to keep the information confidential.
(3) Other governmental bodies which have a
				need for the information related to their official functions and which agree to
				keep the information confidential and to disclose the information only to those
				employees whose agency work requires inspection of the information. The
				Executive Director shall be permitted to request and agree on behalf of the
				Authority to maintain the confidentiality of other agencies' confidential
				information.
(4) Any person,
				provided that either (i) the requesting party has consented in writing to the
				disclosure, or (ii) the Executive Director, after prior notice to the
				requesting party and opportunity for the requesting party to be heard,
				determines that such information is not exempt from disclosure under the Public
				Records Act and the public interest in disclosure of such information outweighs
				the public interest in nondisclosure.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 8 - Designation and Disclosure of Confidential Information › Section 8082 - Security of Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director is responsible for maintaining the
				  security of confidential information.
1. New section
				  filed 12-23-98; operative 12-23-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 52).
Note: Authority cited: Section
					 6253(a),
					 Government Code; and Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Section
					 44537.5 and
					 44548, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 8 - Designation and Disclosure of Confidential Information › Section 8083 - Delegation of Authority and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall be authorized to delegate any
				  authority, duties or responsibilities under this Article to any employee of the
				  Authority.
1. New section
				  filed 12-23-98; operative 12-23-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 52).
Note: Authority cited: Section
					 6253(a),
					 Government Code; and Section
					 44520, Division 27, Health and
					 Safety Code. Reference: Section
					 44537.5 and
					 44548, Division 27, Health and
					 Safety Code.
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 8092 - Brownfield Project Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Application shall include all of the following:
(a) The Applicant's name, address, telephone
				  number, federal tax identification number, type of business or entity, the date
				  the business or entity was established.
(b) Whether the Applicant qualifies as a
				  Small Business.
(c) The identity of
				  the owner and any operators of the Brownfield, including name, address, and
				  telephone number.
(d) If the
				  Applicant is not the owner of the Brownfield, evidence of:
(1) The Applicant's legal interest in the
				  Brownfield;
(2) Permission of the
				  owner of the Brownfield for the Applicant or the Applicant's agent(s) to have
				  access to the Brownfield (governmental action already taken or that is expected
				  to be taken prior to disbursement of loan proceeds to gain access or control of
				  the Brownfield will be deemed to be permission to have access to the
				  Brownfield); and
(3) Permission of
				  the owner of the Brownfield for the Applicant or the Applicant's agent(s) to
				  perform a Brownfield Project on the Brownfield (governmental action already
				  taken or that is expected to be taken prior to disbursement of loan proceeds to
				  gain access or control of the Brownfield will be deemed to be permission to
				  perform a Brownfield Project on the Brownfield).
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 8093 - Application Availability, Submission and Strategic Partner Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Loan Applications shall be available from the Authority's staff or from any
				  Strategic Partner. Applicants can obtain a list of Strategic Partners or a copy
				  of the Application by contacting the Authority's staff at the following
				  address: California Pollution Control Financing Authority, 915 Capitol Mall,
				  Room 457, Sacramento, California, 95814 Attention: California Recycle
				  Underutilized Sites (CALReUSE) Program, or by telephoning (916) 654-5610. The
				  Application shall contain the information set forth in Section
				  8092. The Applicant shall submit
				  one (1) complete and signed Application to a Strategic Partner.
(b) The Strategic Partner shall review each
				  Application in accordance with the provisions of this Article. No later than
				  forty-five (45) days following receipt of an Application, the Strategic Partner
				  shall in writing either:
(1) Notify the
				  Applicant that the Application is approved;
(2) Notify the Applicant that the Application
				  is denied and the reasons for the denial; or
(3) Notify the Applicant if the Application
				  remains incomplete and describe what additional information the Applicant needs
				  to submit to complete the Application. If the Strategic Partner determines that
				  any document submitted in the Application is not adequate, the Application
				  shall be deemed incomplete.
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 8094 - Loan Approval and Commitment Letter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Loan Approval.
(1) The Strategic Partner
				  shall be authorized to approve an Application when:
(A) The Application is complete and meets all
				  of the requirements of Section
				  8091; and
(B) Funds are available.
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 8095 - Loan Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms and conditions of a Loan shall be set forth in a
					 Loan Agreement executed by the Borrower and shall include, at a minimum, all of
					 the following terms and conditions:
(a) A fixed interest rate equal to the Six
				  Month London Interbank Offered Rate (LIBOR) but not less than two percent
				  (2%).
(b) A Loan amount not greater
				  than three hundred thousand dollars ($300,000) or where the proposed use of the
				  Brownfield is for an Infill Development Project as defined in Section
				  8102, the maximum loan amount shall
				  be five hundred thousand dollars ($500,000) for Eligible Costs with respect to
				  a Brownfield. The Authority may waive the maximum Loan amount upon finding that
				  it is in the public interest and advances the purposes of the program. For
				  purposes of this subdivision, contiguous or related parcels included in a
				  Brownfield Project that are owned or controlled by the same Borrower shall
				  together be deemed to constitute one Brownfield.
(c) A Loan term not to exceed thirty-six (36)
				  months;
(d) Principal and interest
				  to become due and payable in full upon the earliest of:
(1) Issuance of either a grading permit or a
				  building permit for the Brownfield
(2) Sale or transfer (including, without
				  limitation, an option to purchase or a contract of purchase) of all or part of
				  the Brownfield;
(3) The maturity
				  date set forth in the Loan Agreement, which date shall not be more than
				  thirty-six (36) months after the date of the Loan; or
(4) The occurrence of an event of default
				  under the Loan Agreement.
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 8096 - Conditions of Funds Disbursement, Funds Disbursement and Loan Repayment Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Conditions of Funds Disbursement. The Strategic Partner shall not disburse Loan
				  funds unless all of the following conditions are met:
(1) All funds for completing the Brownfield
				  Project are obtained and available for use.
(2) All terms and conditions contained in the
				  commitment letter described in 8094(c) are satisfied;
(3) Execution of a Loan Agreement, Promissory
				  Note and any other documents, as required, and compliance with all conditions
				  precedent to disbursement contained in the Loan Agreement.
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 8097 - Loan Extensions, Loan Forgiveness and Conditions for Forgiven Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Loan Extensions. Upon written request received from the Borrower, the maturity
				  of a Loan may be extended by the Strategic Partner if both of the following
				  conditions are met:
(1) The Borrower clearly
				  demonstrates that it is unable to complete the Brownfield Project by the end of
				  the Loan term, and
(2) The Borrower
				  clearly demonstrates how the Brownfield Project can be completed in the
				  additional time requested.
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 8098 - Strategic Partner Reports and Records Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Strategic Partner shall provide the following quarterly reports to the
				  Authority no later than the fifteenth day of April, July, October, and January
				  for the quarters ending in March, June, September and December, respectively:
(1) Applications Received Report. This report
				  shall include the following information:
(A) A
				  listing of identified Brownfield Projects for which Applications have been
				  submitted and for which funding is anticipated during the next six
				  months.
(B) Identification of
				  whether proposed Brownfield Projects are located in Economically Distressed
				  Communities.
(C) Identification of
				  whether the Strategic Partner is the Applicant.
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 8099 - Technical Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon request of an Applicant or Borrower, the Strategic Partner may provide
				  Technical Assistance to assist in the assessment and characterization of a
				  Brownfield Project.
(b) Technical
				  Assistance provided by a Strategic Partner during the assessment phase of the
				  Brownfield Project may count as Match for the Brownfield Project, but may not
				  be reimbursed with Loan funds.
1. New
					 section filed 8-13-2001 as an emergency; operative 8-13-2001 (Register 2001,
					 No. 33). Pursuant to Health and Safety Code section
					 44520,
					 a Certificate of Compliance must be transmitted to OAL by 2-11-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-13-2001 order transmitted
					 to OAL 2-8-2002 and filed 3-21-2002 (Register 2002, No. 12).
3.
					 Amendment of subsections (a) and (b), repealer of subsection (c) and amendment
					 of NOTE filed 2-29-2008 as an emergency; operative 2-29-2008 (Register 2008,
					 No. 9). Pursuant to Health and Safety Code section
					 44520(b),
					 a Certificate of Compliance must be transmitted to OAL by 8-27-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Amendment of subsections (a) and (b), repealer of subsection
					 (c) and amendment of NOTE refiled 8-25-2008 as an emergency; operative
					 8-27-2008 (Register 2008, No. 35). Pursuant to Health and Safety Code section
					 44520(b),
					 a Certificate of Compliance must be transmitted to OAL by 11-24-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
5. Amendment of subsections (a) and (b), repealer of subsection
					 (c) and amendment of NOTE refiled 11-24-2008 as an emergency; operative
					 11-24-2008 (Register 2008, No. 48). Pursuant to Health and Safety Code section
					 44520(b),
					 a Certificate of Compliance must be transmitted to OAL by 2-23-2009 or
					 emergency language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 11-24-2008 order, including
					 amendment of subsection (a), transmitted to OAL 1-7-2009 and filed 2-23-2009
					 (Register 2009, No. 9).
Note: Authority cited: Section
						44520,
						Health and Safety Code. Reference: Sections
						44501,
						44502,
						44504.1,
						44505,
						44506,
						44507,
						44508,
						44520,
						44525.7,
						44526(h),
						44526(i),
						44537.5,
						44548(a),
						44548(b),
						53545
						and
						53545.14,
						Health and Safety Code.
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 8100 - Strategic Partner Eligibility and Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  governmental agency or public or private entity shall be eligible to
				  participate as a Strategic Partner and Strategic Partners will be selected by
				  the Authority based upon the following eligibility and selection criteria:
(1) Demonstrated ability to provide Technical
				  Assistance to a Development Entity;
(2) Demonstrated understanding of the
				  economic and real estate development processes;
(3) Demonstrated understanding of
				  environmental assessment and remediation requirements;
(4) Demonstrated understanding of Brownfield
				  regulatory and reporting requirements; and
(5) Demonstrated partnership
				  experience.
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 8101 - Strategic Partner as Applicant and/or Borrower

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following shall apply in all cases where the Strategic
					 Partner is the Applicant or the Borrower or in the event the Strategic Partner
					 is unable to act relative to an Applicant due to a conflict of interest as
					 defined in the Political Reform Act (Government Code Sections
					 81000
					 through
					 91014):
(a) The Authority shall act as the Strategic
				  Partner as to the Application and Loan.
(b) If the Authority is the Strategic
				  Partner, the Executive Director shall be authorized to:
(1) Determine whether the Applicant shall be
				  eligible for a Loan pursuant to Section
				  8091.
(2) Review the Application and notify the
				  Applicant pursuant to Section
				  8093.
(3) Approve the Loan and notify the Applicant
				  pursuant to Section
				  8094.
(4) Cause funds to be disbursed to the
				  Borrower pursuant to Section
				  8096.
(5) Determine whether a Loan shall be
				  extended or forgiven pursuant to Section
				  8097.