reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 6.55 - Trade and Commerce Agency: California Offset Program [Repealed] › Section 4070 through 4074

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter (sections
				4070-4074) filed 12-26-2003
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 2003, No. 52).
California Code of Regulations › Title 10 - Investment › Chapter 6.56 - Manufacturing Technology Grant Program › Section 4080.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms shall have the meanings set forth
				below:
(a) "Agency" means the
			 California Trade and Commerce Agency.
(b) "Applicant" means a California nonprofit
			 corporation or California public agency which has applied to the Agency for a
			 Grant.
(c) "California nonprofit
			 corporation" means a corporation organized and in good standing as a nonprofit
			 corporation under Title I, Division 2 of the California Corporation
			 Code.
(d) "California public
			 agency" means any agency of the State of California, or any local California
			 agency, including but not limited to a city, county, special district or joint
			 powers agency consisting exclusively of state or local agencies.
(e) "Federal Award" means a Manufacturing
			 Technology grant provided by an agency of the federal government requiring
			 non-federal matching funds for which the Applicant is requesting a
			 Grant.
(f) "Grant" means an award
			 of funding pursuant to this chapter which need not be repaid.
(g) "In-kind Support" means resources other
			 than money provided by the Applicant or private companies, nonprofit
			 organizations, public agencies, and/or other entities involved in the
			 implementation of the Proposal. Examples on In-kind Support include equipment;
			 supplies; space and facilities; managerial, secretarial, financial, and other
			 administrative services; and technical training.
(h) "Manufacturing Technology" refers to
			 process of developing, disseminating, and/or implementing technical information
			 used by manufacturers in the creation of goods and services.
(i) "Proposal" means the forms, program
			 descriptions, and attachments described in section
			 4080.3.
(j) "Solicitation" means one or more pages
			 explaining the Grant funding cycle which shall include, at a minimum, the
			 following:
(1) Whether the funding cycle is
			 tied to a specific federal program.
(2) Program deadlines.
California Code of Regulations › Title 10 - Investment › Chapter 6.56 - Manufacturing Technology Grant Program › Section 4080.2 - Proposal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
			 Agency shall establish funding cycles on an annual and/or one-time basis.
(1) The Agency shall distribute Solicitations
			 to all persons requesting information about annual funding cycles not less than
			 sixty (60) calendar days prior to the Solicitation Deadline.
(2) The Agency shall distribute Solicitations
			 to all persons requesting information about one-time funding cycles not less
			 than thirty (30) calendar days prior to the Solicitation Deadline. However, the
			 time period for distributing Solicitations for one-time funding cycles may be
			 shortened from thirty (30) calendar days to ten (10) calendar days if a notice
			 of a Federal Award is received by the Agency less than fifty (50) calendar days
			 prior the federal deadline.
California Code of Regulations › Title 10 - Investment › Chapter 6.56 - Manufacturing Technology Grant Program › Section 4080.3 - Proposal Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
			 Proposals shall include a completed Manufacturing Technology Program Proposal
			 Form (6/97 revision date), a completed Manufacturing Technology Program Budget
			 Form (6/97 Revision date), a Proposal body, a certification signed by the
			 Applicant's authorized representative, and attachments as set forth in
			 subsections (f) and (g). Each part of the Proposal shall begin on a separate
			 sheet of paper and be clearly labeled with a title at the top of the page.
			 Copies of the Manufacturing Technology Program Proposal Form and the
			 Manufacturing Technology Program Budget Form shall be provided in the
			 Solicitation distributed to all interested persons pursuant to Sections
			 4080.2.
(b) The following information shall be
			 included in the Manufacturing Technology Program Proposal Form:
(1) The Applicant's name, address, county,
			 state legislative district, telephone number, and when available, e-mail
			 address and facsimile number.
(2)
			 The name and title of the Applicant's authorized representative.
(3) The project name.
(4) The amount of state Manufacturing
			 Technology Program funds requested.
(5) When applicable, the following
			 information regarding the federal program the Applicant has applied to for
			 funding:
(A) The name of the federal agency
			 and the name of the federal program the Applicant has applied to for
			 funding.
(B) The amount of federal
			 funds requested.
(C) The name of
			 the entity applying for the Federal Award. If the entity applying for the
			 Federal Award is different than the Applicant as designated in subsection
			 (b)(1) above, the following information shall be provided:
(i) The entity's address, county, telephone
			 number, and when available, e-mail address and facsimile number; and
(ii) The name and title of the entity's
			 authorized representative.
(6) Whether or not confidential information
			 is included in the Proposal. Applicants shall follow the procedure for
			 designating confidential information set forth in Government Code section
			 6250 et
			 seq.
California Code of Regulations › Title 10 - Investment › Chapter 6.56 - Manufacturing Technology Grant Program › Section 4080.4 - Proposal Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 An eligible Proposal is one which meets all of the following requirements:
(1) It is submitted by a qualified Applicant
			 as defined in Section
			 4080.1(b).
(2) It is the only Proposal submitted by the
			 Applicant.
(3) If the Solicitation
			 for a specific Grant cycle specifies that funding is tied to a specific Federal
			 Award program, the Applicant has complied with that requirement.
(4) The Proposal is received by the deadline
			 specified in the Solicitation.
(5)
			 Funding for the entire Proposal is adequately identified in the Manufacturing
			 Technology Program Budget Form described in Section
			 4080.3(c).
(6) The amount of funding requested from the
			 Agency does not exceed thirty-three percent (33%) of the entire Proposal for
			 any one year.
(7) At least
			 thirty-three percent (33%) of the Proposal costs are provided by sources other
			 than the federal government and/or the California Trade and Commerce
			 Agency.
(8) One hundred percent
			 (100%) of the funds requested from the Agency will be expended in
			 California.
California Code of Regulations › Title 10 - Investment › Chapter 6.56 - Manufacturing Technology Grant Program › Section 4080.5 - Funding Determination/Selection Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A panel consisting of not less than two
			 (2) and not more than four (4) professional full-time employees of the Agency
			 and at least two (2) representatives of the technology development community or
			 manufacturing community, shall score all Proposals using the criteria described
			 in subsections (1) through (8) below. The panel shall be authorized to
			 interview Applicants to request clarification of material submitted prior to
			 the Solicitation Deadline, but not to request additional material.
(1)
Targeted solutions to industry
			 needs
. More points will be given to those Proposals which include a
			 manufacturing process, product or service that has an impact on the development
			 of a significant segment of the manufacturing sector. More points will be given
			 to those Proposals which:
a) include a
			 credible plan for the development of a manufacturing process, product, or
			 service targeted to the needs of manufacturers;
b) include a training component to upgrade
			 the skills of workers or;
c) lead
			 to the creation and retention of high-value-added manufacturing jobs in
			 California. Maximum points will be given to Proposals that clearly explain the
			 methods used in identifying industry needs (e.g., focus groups, marketing
			 campaigns, surveys, demographic and analytic information) and explain how this
			 information was used to develop solutions to the problems encountered by
			 industry.
Points 0-8.
California Code of Regulations › Title 10 - Investment › Chapter 6.57 - Rural E-Commerce Grant Program [Repealed] › Section 4081 through 4081.8

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter (sections
				4081-4081.8) filed 12-26-2003
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 2003, No. 52).
California Code of Regulations › Title 10 - Investment › Chapter 6.58 - Defense Retention Grant Program › Section 4083 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to the regulation
				contained in this chapter:
(a)
			 "Agency" means the California Technology, Trade and Commerce Agency.
(b) "Applicant" means a California city,
			 county, city and county, a joint powers authority between one or more cities
			 and/or counties, or a Special District of city or county that has an active
			 military base within its jurisdiction and has applied to the Agency for a
			 Grant.
(c) "Application" means the
			 information and attachments, described in sections
			 4083.3,
			 4083.4, and
			 4083.5.
(d) "Authorized Representative" means the
			 person authorized by the Applicant's governing body to execute the section
			 4083.1(d) Grant
			 agreement and any and all amendments or revisions thereto.
(e) "Base Retention" means the programs and
			 strategies undertaken to protect and promote the necessity of an active
			 military base located in an Applicant's jurisdiction.
(f) "Full Time Employee" means one or more
			 persons working one thousand, seven hundred fifty (1750) hours (or more) in a
			 twelve (12) month period.
(g)
			 "Grant" means an award of California Defense Retention Grant funding pursuant
			 to this chapter that need not be repaid.
(h) "In-Kind" means resources other than
			 money that is provided by the Applicant, private companies, nonprofit
			 organizations, public agencies, and/or other entities involved in the
			 implementation of the Plan. Examples of In-Kind Support include equipment;
			 supplies; space and facilities; managerial, secretarial, financial, and other
			 administrative services; and technical training.
(i) "Special District" means a unit of local
			 government.
1. New chapter
				6.58 (sections
				4083-4083.5) and section filed
				2-7-2001 as an emergency; operative 2-7-2001 (Register 2001, No. 6). Pursuant
				to Government Code section
				15346.12,
				a Certificate of Compliance must be transmitted to OAL by 8-6-2001 or emergency
				language will be repealed by operation of law on the following
				day.
2. Certificate of Compliance as to 2-7-2001 order, including
				amendment of section, transmitted to OAL 7-25-2001 and filed 8-17-2001
				(Register 2001, No. 33).
Note: Authority cited: Sections
				  15346.10
				  and
				  15346.12,
				  Government Code. Reference: Sections
				  15346,
				  15346.1,
				  15346.10
				  and
				  15346.12,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.58 - Defense Retention Grant Program › Section 4083.2 - Eligible Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An eligible Application is one that meets all of the following
				requirements:
(a) It is submitted by
			 an eligible Applicant, as defined in Section
			 4083(b).
(b) The Application is received by the
			 deadline specified in the Solicitation as provided in section
			 4083.1(a).
(c) The Application addresses Base Retention
			 programs within the Applicant's jurisdiction.
(d) The Applicant has not been previously
			 awarded two (2) or more Defense Retention Grants.
(e) The amount of Grant funds requested is at
			 least ten thousand dollars ($10,000).
(f) At least fifty percent (50%) of the total
			 project cost of developing the Base Retention strategy described in the
			 Application is provided by sources other than the California Technology, Trade
			 and Commerce Agency, as identified in the budget form described in section
			 4083.5(d).
1. New section
				filed 2-7-2001 as an emergency; operative 2-7-2001 (Register 2001, No. 6).
				Pursuant to Government Code section
				15346.12,
				a Certificate of Compliance must be transmitted to OAL by 8-6-2001 or emergency
				language will be repealed by operation of law on the following
				day.
2. Certificate of Compliance as to 2-7-2001 order, including
				amendment of section, transmitted to OAL 7-25-2001 and filed 8-17-2001
				(Register 2001, No. 33).
Note: Authority cited: Sections
				  15346.10
				  and
				  15346.12,
				  Government Code. Reference: Sections
				  15346,
				  15346.1,
				  15346.10
				  and
				  15346.12,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.58 - Defense Retention Grant Program › Section 4083.3 - Application. General Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The General Information Section of the application shall
				contain the following information.
(a)
			 Applicant Information
(1) The Applicant's
			 name, address, county, telephone and facsimile numbers, e-mail address (if
			 applicable), and federal tax identification number.
(2) The name and title of the Applicant's
			 Authorized Representative and the Authorized Representative's address and
			 telephone and facsimile number, if different than subsection (a)(1).
(3) The name and title of the Applicant's
			 contact person and the contact person's address, and telephone and facsimile
			 number, if different than subsection (a)(1).
(4) A description of the problem the proposal
			 addresses and how the project will remediate the local and regional economic
			 impacts of the defense-related industry downsizing, closing or realigning
			 military bases.
California Code of Regulations › Title 10 - Investment › Chapter 6.58 - Defense Retention Grant Program › Section 4083.4 - Application. Scored Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Scored Information Section shall contain the
				following:
(a) Lead Agency (0 to 5
			 points): The description of the Lead Agency shall include: the name of the
			 local agency that will be responsible for administering the Grant ("Lead
			 Agency"), a statement that the Lead Agency meets the requirements of the
			 definition of Applicant contained in section
			 4083(b), and the
			 Lead Agency's experience in collaborating with military bases located in the
			 Applicant's jurisdiction.
(b) Award
			 Frequency (0 to 5 points): The number of Grants awarded to the Applicant by the
			 Agency.
(1) Five (5) points shall be awarded
			 to Applicants which have never received a Grant; three (3) points shall be
			 awarded to Applicants which have received one (1) prior Grant; and zero (0)
			 points shall be awarded to Applicants which have received two (2) or more prior
			 Grants.
(2) Applicants that submit
			 more than one (1) funding request in a Grant cycle shall prioritize each
			 Application submitted, based upon the needs which exist in the Applicant's
			 jurisdiction. If the Application with highest priority is selected for funding,
			 the Agency shall lower the scores of the other Applications submitted by the
			 Applicant pursuant to the procedures described in subsection
			 (b)(1).
California Code of Regulations › Title 10 - Investment › Chapter 6.58 - Defense Retention Grant Program › Section 4083.5 - Application. Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Application shall contain the following exhibits:
(a) Attach as Exhibit-A a resolution adopted
			 by the governing body of the Applicant authorizing the Applicant to submit the
			 Application to the Agency and specifying a person authorized to execute the
			 Grant contract and any and all amendments or revisions thereto (the "Authorized
			 Representative").
(b) Attach as
			 Exhibit-B both a description of the organizational structure for administering
			 the Grant and managing the proposed project, and the resume and/or job
			 description of the person who will administer the project.
(c) Attach as Exhibit-C a detailed scope-of
			 work for the activities to be funded by the Grant.
(d) Attach as Exhibit-D, the Defense
			 Retention Grant Budget Form (new, 5/15/2001), incorporated by
			 reference.
(e) Attach as Exhibit-E
			 duty statements and position descriptions for any positions to be paid for by
			 the Grant.
(f) Attach as Exhibit-F
			 copies of any and all consultant contracts or personal service agreements
			 negotiated or under negotiation as part of the proposed project.
(g) Attach as Exhibit-G a timeline
			 identifying the tasks to be undertaken as part of the scope-of-work and their
			 anticipated completion dates in relation to the initiation of the proposed
			 project.
(h) Attach as Exhibit-H a
			 certificate signed and dated by the Authorized Representative described above
			 in subsection (a) stating the following: "I hereby certify under penalty of
			 perjury under the laws of the State of California that the information provided
			 in this Application is correct and represents the intended use of all sources
			 of funds identified in the Application, and that I will inform the Office of
			 Military Base Retention and Reuse of the California Technology, Trade and
			 Commerce Agency, in writing, within ten (10) days of any changes in the funding
			 proposal prior to awarding of the grant."
1. New section
				filed 2-7-2001 as an emergency; operative 2-7-2001 (Register 2001, No. 6).
				Pursuant to Government Code section
				15346.12,
				a Certificate of Compliance must be transmitted to OAL by 8-6-2001 or emergency
				language will be repealed by operation of law on the following
				day.
2. Certificate of Compliance as to 2-7-2001 order, including
				amendment of section, transmitted to OAL 7-25-2001 and filed 8-17-2001
				(Register 2001, No. 33).
Note: Authority cited: Sections
				  15346.10
				  and
				  15346.12,
				  Government Code. Reference: Sections
				  15346,
				  15346.1,
				  15346.10
				  and
				  15346.12,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.71 - Dry Cleaning Plant Registration [Repealed] › Section 4300 through 4305

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter (sections
				4300-4305) filed 12-26-2003
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 2003, No. 52).
California Code of Regulations › Title 10 - Investment › Chapter 6.75 - Incubator Grants [Repealed] › Section 4550 through 4553

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter (sections
				4550-4553) filed 12-26-2003
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 2003, No. 52).
California Code of Regulations › Title 10 - Investment › Chapter 6.81 - California Loans for Environmental Assistance [Repealed] › Section 4610 through 4619

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter (sections
				4610-4619) filed 12-26-2003
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 2003, No. 52).
California Code of Regulations › Title 10 - Investment › Chapter 6.82 - Environmental Assessment [Repealed] › Section 4620

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter (section
				4620) filed 12-26-2003 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2003, No. 52).
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 1 - Definitions › Section 5000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions contained in Corporations Code
				  section
				  14010,
				  the following supplemental definitions shall govern the construction of this
				  chapter:
(a) "Allocation" and
				"Allocated" mean the process of disbursing appropriated Expansion Fund moneys
				to a Corporation's trust fund account, except for Allocations for areas
				affected by a state of emergency or a disaster, which shall be disbursed
				pursuant to Corporations Code section
				14037.6.
				The Allocation process is described in subsections
				5070(a) through
				(c).
(b) "Application" means all of the
				information required by a Lender or Surety in order to determine whether to
				offer a Borrower a Loan, or a Principal a Bond.
(c) "Bond" means an obligation in writing
				concerning the construction or service work of Principal, binding the Surety to
				pay certain sums upon the occurrence of specified events connected to the
				payment of sums due by the Principal pursuant to a payment bond, and the
				obligation to complete the construction or service work, pursuant to a
				performance bond.
(d) "Bond
				Guarantee" means a Guarantee which promises the payment of all or a portion of
				a Claim.
(e) "Bond Line" means a
				specified amount and term of Bond Guarantee authority which Principal is
				authorized to apply against any Bond with a specified Surety during the term of
				the Bond Line.
(f) "Borrower" means
				an eligible business which has received a commitment for a Loan, or has
				prepared an Application. In order to be an "eligible business, the business
				must be either:
(1) a "Small Business" as
				defined in part 121 of chapter 1 of title 13 of the Code of Federal Regulations
				as amended;
(2) a Farm Enterprise;
				or
(3) a business located within an
				enterprise zone, as defined in subdivision (d) of section
				7072 of
				the Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2 - Loan Guarantees › Section 5002 - Guarantee Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Following adoption of a resolution by its board of directors, a Corporation
				shall be authorized to issue a commitment letter specifying the conditions
				under which it will issue a Guarantee to a specified Borrower. A commitment
				letter for a Line of Credit Loan shall include a section describing the three
				(3) alternatives which exist at the maturity of the Loan. The Lender, not less
				than thirty (30) calendar days prior to the expiration of the Guarantee, shall
				notify the Corporation whether the Loan is current, whether any problems
				currently exist with the Loan, and the expiration date. Lender and Corporation
				shall agree to one of the following three (3) alternatives:
(1) Renew the Guarantee, but as a Term Loan,
				not a Line of Credit Loan;
(2)
				Renew the Guarantee as a Line of Credit Loan; or
(3) Do not renew the
				Guarantee.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2 - Loan Guarantees › Section 5003 - Demand Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Lender shall be authorized to make a Demand upon the Corporation executing
				the Guarantee for repayment of the unpaid Loan principal and interest pursuant
				to the terms of the Guarantee, upon compliance with the following:
(1) Providing proof to the Corporation that
				the Borrower is in Default and Lender has delivered to both the Borrower and
				the Corporation a minimum of two letters subsequent to the Delinquency, at
				least thirty (30) days apart, explaining the consequences for failure to remedy
				the Delinquency. This requirement shall not apply if Borrower is in
				bankruptcy.
(2) If the Guarantee is
				a Collection Guarantee, providing proof that the Borrower has complied with the
				liquidation requirements of section
				5004.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2 - Loan Guarantees › Section 5004 - Collection Requirements for Collection Guarantees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Lender shall not be authorized to file
				a Demand for a Collection Guarantee unless it has complied with this section.
				The requirements contained in this section are in addition to the requirements
				contained in section
				5003.
(b) The Lender must liquidate all Collateral,
				but shall not be required to file a lawsuit against any Borrower or guarantor.
				"Liquidate" as used in this paragraph means that the Lender has exhausted all
				Collateral by one of the following methods:
(1) converted the Collateral into
				cash;
(2) demonstrated, to the
				satisfaction of the Corporation that the Collateral is without sufficient value
				to convert to cash; or
(3)
				demonstrated that the Borrower has filed for bankruptcy.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2 - Loan Guarantees › Section 5005 - Micro Loan Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No Corporation shall be authorized to issue Micro Loan
				  Guarantees unless approved by the Director. Approval shall be granted to any
				  Corporation which can demonstrate that it has a marketing plan for the
				  program.
1. Repealer
				  and new section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
2. Amendment filed 12-27-2004 as a deemed emergency pursuant to
				  Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Editorial correction of
				  HISTORY 2 (Register 2005, No. 27).
4. Certificate of Compliance as
				  to 12-27-2004 order, including amendment of NOTE, transmitted to OAL 5-25-2005
				  and filed 7-7-2005 (Register 2005, No. 27).
Note: Authority cited: Section
					 14024,
					 Corporations Code. Reference: Sections
					 14025(a)
					 and
					 14064,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2 - Loan Guarantees › Section 5006 - Agency Review of Environmental Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within thirty (30) days of receiving the report prepared by
				  the Department of Financial Institutions, pursuant to section
				  5003(c), the
				  Agency shall mail to the Corporation a statement ("Environmental Instructions")
				  specifying any specific steps which the Corporation must take in obtaining an
				  assignment of the note and Collateral pursuant to section
				  5003(g), or in
				  pursuing its legal remedies against the Borrower subsequent to
				  assignment.
The purpose of the Environmental Instructions is to identify
				  possible environmental liability which might accrue to the Corporation when it
				  is assigned the Lender's rights, and instruct the Corporation on actions which
				  it shall take, or refrain from taking, to limit the Corporation's trust fund
				  account's exposure to environmental liability.
1. Repealer
				  and new section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
2. Amendment of section heading and section filed 12-27-2004 as
				  a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Editorial correction of
				  HISTORY 2 (Register 2005, No. 27).
4. Certificate of Compliance as
				  to 12-27-2004 order, including amendment of NOTE, transmitted to OAL 5-25-2005
				  and filed 7-7-2005 (Register 2005, No. 27).
Note: Authority cited: Section
					 14024,
					 Corporations Code. Reference: Section
					 14064,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2.2 - Corporation Qualifications for Bond Guarantee Authority › Section 5007 - Corporation Qualifications for Bond Guarantee Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Corporation shall be authorized to issue ILOCs, Bond
				  Guarantees and Bond Lines only upon approval by the Director. The Director
				  shall be authorized to limit the amount of state funds which a Corporation is
				  authorized to use for ILOCs, Bond Guarantees and Bond Lines. Approval shall be
				  granted upon compliance with both of the following:
(a) The Corporation has established a Bond
				loan committee with at least one member who has experience in the surety bond
				industry and a majority of the members have experience in the construction or
				surety bond industries.
(b) The
				Corporation presents a written plan to the Director which coherently and
				logically describes how the Bond program will be managed, staffed and marketed,
				and describes the anticipated dollar volume of Bond Guarantees, Bond Lines and
				ILOCs.
1. New article
				  2.2 and section filed 2-15-94 as an emergency; operative 2-15-94 (Register 94,
				  No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-94 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Repealed by operation of Government Code section
				  11346.1(g)
				  (Register 95, No. 7).
3. New article 2.2 and section filed 4-17-95
				  as an emergency; operative 4-17-95 (Register 95, No. 16). A Certificate of
				  Compliance must be transmitted to OAL by 8-15-95 or emergency language will be
				  repealed by operation of law on the following day.
4. Certificate of
				  Compliance as to 4-17-95 order transmitted to OAL 6-12-95 and filed 7-25-95
				  (Register 95, No. 30).
5. Amendment filed 12-27-2004 as a deemed
				  emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
6. Editorial correction of
				  HISTORY 5 (Register 2005, No. 27).
7. Certificate of Compliance as
				  to 12-27-2004 order, including amendment of NOTE, transmitted to OAL 5-25-2005
				  and filed 7-7-2005 (Register 2005, No. 27).
Note: Authority cited: Section
					 14024,
					 Corporations Code. Reference: Sections
					 14002,
					 14055,
					 14060,
					 14071
					 and
					 14071.5,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2.3 - Bond Guarantees › Section 5008 - Bond Guarantee Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A Principal shall be authorized to apply to a Corporation for either a Bond
				Guarantee, or a Bond Line.
(b) A
				Principal applying for a Bond Guarantee or a Bond Line shall provide a complete
				Application to the Corporation for review and processing in accordance with the
				following procedures:
(1) The proposed
				Guarantee has been reviewed by the Corporation's Bond loan committee and
				approved by its board of directors.
(2) Upon compliance with subsection (b)(1),
				the Corporation shall issue a commitment to provide a Bond Guarantee or Bond
				Line and an executed Bond Guarantee or Bond Line to the Surety.
(3) In the event that a Guarantee is issued
				to a Surety without first complying with the requirements of subsections (b)(1)
				and/or (c), and the Surety relies upon the Guarantee in issuing the Bond, the
				failure by the Corporation to so comply shall not constitute a defense on the
				part of either the Agency or the Corporation to paying a Claim.
(4) In any case where funds are disbursed to
				a Surety pursuant to a Claim and the Corporation has failed to comply with
				subsections (b)(1) and/or (c), the Agency shall immediately exercise all
				available legal remedies to recover from the Corporation the funds disbursed
				pursuant to the Claim.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2.3 - Bond Guarantees › Section 5010 - Bond Guarantee Claim Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Surety shall be entitled to reimbursement
				for the percentage of its Loss covered by the Guarantee, adjusted pro rata for
				payments received by Surety from any other source, excluding reinsurance, upon
				compliance with the following:
(1) Notify
				Corporation in writing within forty-five (45) days after the end of each
				calendar quarter after the Surety has established a claim reserve on the
				Claim.
(2) Ninety (90) days after
				notice to Corporation that the claim reserve has been established and every
				thirty (30) days thereafter, unless mutually agreed upon otherwise, Surety
				shall provide Corporation with the current status of the Claim, including
				salvage prospects, and proof of payment by Surety of the Claim. Claim reporting
				can be on Corporation's Current Status Report form or Surety's
				equivalent.
(3) Surety shall
				invoice the Corporation quarterly for any Loss, except that Surety shall be
				authorized to invoice the Corporation monthly for a Loss in excess of five
				thousand dollars ($5,000). Corporation shall submit for payment to the Agency
				within twenty (20) days of receipt, any invoice received from a Surety for a
				Loss that complies with the requirements of this article.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2.5 - ILOC as Bond Collateral › Section 5014 - ILOC Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms and conditions of an ILOC shall be consistent with
				  the resolution of the Corporation approving the ILOC and shall include all of
				  the following:
(a) Provision that the
				Corporation promises to pay a specified amount to Surety upon Surety
				establishing a claim reserve.
(b)
				The maximum amount of the ILOC shall be 15% of the contract amount, not to
				exceed $350,000.
(c) Where the Bond
				is for a public works project, a statement that the ILOC shall expire one
				hundred and twenty days following receipt by Surety of a statement from the
				party requiring the Bond ("Obligee") that the work has been completed and fully
				accepted and that Obligee has made payment of all amounts owed the Principal
				pursuant to the Bond. The ILOC shall expire only if no notice of Claim is
				pending with the Surety. If the Bond is for other than a public works project,
				then the Corporation and Surety shall include in the ILOC what events and
				timing trigger expiration of the Guarantee.
(d) The Corporation fee not to exceed two
				percent of the ILOC amount.
(e) The
				terms and conditions of the Bond collateralized by the ILOC shall be in accord
				with those generally established and accepted by the Surety for the type of
				contract for which the Bond is required.
(f) A statement that:
(1) Surety would not provide the Bond without
				the ILOC.
(2) Surety shall not join
				Corporation in any lawsuit to which Surety is a party unless Corporation has
				denied a Demand.
(3) The terms of
				the ILOC shall not be waived, changed or altered unless both Corporation and
				Surety's authorized representative have signed and dated assent
				thereto.
(4) Corporation shall have
				access to and the right to audit and inspect any and all documents related to
				the Bond. The audit shall be conducted in a reasonable manner during business
				hours or as otherwise agreed upon between Corporation and Surety.
(5) The ILOC is made exclusively for the
				benefit of Corporation and Surety and does not confer any rights or benefits to
				any other party. In the event of the Surety's insolvency, Corporation shall not
				be liable to the receiver or trustee of the insolvent estate except for any
				Loss.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 2.5 - ILOC as Bond Collateral › Section 5015 - ILOC Demand Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon the establishment of a claim reserve connected to the Bond, Surety shall
				be authorized to make Demand upon the Corporation for an amount equal to the
				Loss incurred, and reasonably expected to be incurred within the next sixty
				calendar sixty (60) days by the Surety.
(b) Demand shall be made in writing, and
				shall include a statement that a Claim reserve has been established, shall
				explain why the Claim reserve has been established, and shall specify the
				amount of the Demand.
(c)
				Corporation shall mail to Surety, not later than ten (10) calendar days from
				receipt of Demand, either the amount included in the Demand or an explanation
				of why the amount requested in the Demand will not be paid by the Corporation.
				The only reasons for refusing to pay the amount included in the Demand are:
(1) No Claim reserve has been established for
				the Bond covered by the ILOC.
(2)
				The amount requested in the Demand lacks reasonable supporting
				documentation.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5020 - Sale of Guaranteed Portion of Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Lender shall have the option of
				retaining all of the Loan. If the Lender desires to assign or participate all
				or a portion of the guaranteed portion of the Loan at or subsequent to Loan
				closing, the Loan must not be in Default. The Lender is not permitted to assign
				or participate any amount of the guaranteed or unguaranteed portions of the
				Loan to any of the following:
(1) the
				Borrower, or member of the immediate family of the Borrower, their officers,
				directors, stockholders, other owners or any parent, subsidiary or
				affiliate;
(2) a Corporation or any
				employee or a member of the Board of Directors of a Corporation or
(3) any employee of the
				Agency.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5021 - Contents of Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
3. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14010(k),
					 14024,
					 14032,
					 14035
					 and
					 14125(a) and
					 (c), Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5022 - Winding-up and Dissolution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14034
					 and
					 14121,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5023 - Lender Eligibility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-12-88 as an emergency; operative 4-12-88 (Register 88, No. 18). A
				  Certificate of Compliance must be transmitted to OAL within 180 days or
				  emergency language will be repealed on 10-11-88.
2. New section with
				  amendment refiled 9-19-88 as an emergency; operative 9-19-88 (Register 88, No.
				  39). A Certificate of Compliance must be transmitted to OAL within 180 days or
				  section 5023, as adopted and amended by
				  emergency action, will be repealed on 3-20-89.
3. Certificate of
				  Compliance as to 9-19-88 order including amendment filed 2-8-89 (Register 89,
				  No. 8).
4. Repealer of section filed 6-24-91; operative 7-24-91
				  (Register 91, No. 42).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14028.5,
					 Corporations Code. Reference: Sections
					 14024,
					 14125
					 and
					 14131(c),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5030 - Application for Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
3. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Section
					 14024,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5035 - Allocation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 2-16-83 (Register 83, No. 8).
2. Repealer
				  of section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14023.5(k),
					 14025,
					 14041,
					 14046
					 and
					 14048,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5035.1 - Intercorporate Loan of Guarantee Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023(a),
					 14023.5(k),
					 14025.2,
					 14041,
					 14044,
					 14048,
					 14126(a),
					 and
					 14130,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5035.2 - Method of Disbursing Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14044,
					 14045
					 and
					 14115,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5036 - Report of Fund Condition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14023.5(k),
					 14044,
					 14045,
					 14046
					 and
					 14127(a),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5036.1 - Acceptable Investments of Corporate Loan Guarantee Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Amendment filed
				  4-12-88 as an emergency; operative 4-12-88 (Register 88, No. 18). A Certificate
				  of Compliance must be transmitted to OAL within 180 days or emergency language
				  will be repealed on 10-11-88.
3. Amendment filed 9-19-88 as an
				  emergency; operative 9-19-88 (Register 88, No. 39). A Certificate of Compliance
				  must be transmitted to OAL within 180 days or the emergency language will be
				  repealed on 3-20-89 and Section
				  5036.1 will be reprinted as it
				  existed prior to 4-12-88.
4. Certificate of Compliance as to 9-19-88
				  order filed 2-8-89 (Register 89, No. 8).
5. Repealer of section
				  filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14028.5,
					 Corporations Code. Reference: Sections
					 14044,
					 14046,
					 14115
					 and
					 14131(c),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5037 - Loan Committee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
3. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14046(a),
					 14066
					 and
					 14081,
					 Corporations Code.