California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 1 - Federal and State Low-Income Housing Tax Credit › Section 10305 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Meetings. The Committee shall meet on the call of the Chairperson.
(b) Report. At each meeting of the Committee
				at which Tax Credit reservations from the Credit Ceiling are made, the
				Executive Director shall make a report to the Committee on the status of the
				Federal and State Tax Credits reserved and allocated.
(c) Forms. CTCAC shall develop such forms as
				are necessary to administer the programs and is authorized to request such
				additional information from applicants as is appropriate to further the
				purposes of the Programs. Failure to provide such additional information may
				cause an application to be disqualified or render a reservation null and
				void.
(d) Tax Credit Limitations.
				No applicant shall be eligible to receive Tax Credits if, together with the
				amount of Federal or State Tax Credits being requested, the applicant would
				have, in the capacity of individual owner, corporate shareholder, general
				partner, sponsor, or developer, received a reservation or allocation greater
				than fifteen percent (15%) of the total Federal Credit Ceiling for any calendar
				year, calculated as of February first of the calendar year.
(e) Notification. Upon receipt of an
				application, CTCAC shall notify the Chief Executive Officer (e g., city
				manager, county administrative officer, tribal chairperson) of the local
				jurisdiction within which the proposed project is located and provide such
				individual an opportunity to comment on the proposed project (IRC Section
				42(m)(1)(ii)).
(f) Conflicting provisions. These regulations
				shall take precedence with respect to any and all conflicts with provisions of
				the QAP or other guidance provided by the Committee. This subsection shall not
				be construed to limit the effect of the QAP and other guidance in cases where
				said documents seek to fulfill, without conflict, the requirements of federal
				and state statutes pertaining to the Tax Credit Programs.
(g) The Committee may, at its sole
				discretion, reject an application if the proposed project fails to meet the
				minimum point requirements established by the Committee prior to that funding
				round. The Committee may establish a minimum point requirement for competitive
				rounds under either Section
				10325 or
				10326.
(h) Notwithstanding any other provision of
				these regulations, only projects receiving a tax-exempt bond allocation from
				CDLAC shall be eligible for the State Tax Credits allocated pursuant to
				subsection (g)(1)(B) of Sections
				12206,
				17058,
				and
				23610.5
				of the Revenue and Taxation Code and the applicant criteria shall be applied in
				accordance with Section
				10326. Up to two hundred million
				dollars ($200,000,000) may be allocated for housing financed by CalHFA's
				Mixed-Income Program, and this amount may be reduced upon agreement of the
				Executive Directors of CalHFA and CTCAC.
1. New section
				  filed 7-30-90 as an emergency; operative 7-17-90 (Register 90, No. 41). A
				  Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency
				  language will be repealed by operation of law on the following day. This action
				  is not subject to review by OAL (Health and Safety Code section
				  50199.17).
				  For prior history, see Register 89, No. 2.
2. Readoption as an
				  emergency of action originally filed as emergency on 7-30-90 filed 11-26-90;
				  operative 11-13-90 (Register 91, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 3-26-91 or emergency language will be repealed by
				  operation of law on the following day.
3. Readoption of emergency
				  action filed 11-26-90, filed 1-4-91 as an emergency; operative 12-18-90
				  pursuant to Health and Safety Code section
				  50199.17
				  (Register 91, No. 8). The regulation will be repealed by operation of law on
				  4-17-91 unless, before that date the committee has completed the adoption
				  process pursuant to Health and Safety Code section
				  50199.17(b).
4.
				  Readoption of emergency actions filed 11-26-90 and 1-4-91 as an emergency filed
				  4-19-91 as an emergency; operative 3-28-91 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 91, No. 21). A Certificate of Compliance must be transmitted to OAL
				  on 7-26-91 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 3-28-91 order
				  transmitted to OAL 7-16-91 and filed 8-15-91 pursuant to Health and Safety Code
				  section
				  50199.17(b)
				  (Register 91, No. 48).
6. Repealer and new section filed 7-1-92 as
				  an emergency; operative 5-15-92 (Register 92, No. 28). A Certificate of
				  Compliance must be transmitted to OAL by 11-2-92 or emergency language will be
				  repealed by operation of law on the following day.
7. Repealer and
				  new section refiled 11-9-92 as an emergency; operative 8-31-92 (Register 92,
				  No. 46). A Certificate of Compliance must be transmitted to OAL 3-9-93 or
				  emergency language will be repealed by operation of law on the following
				  day.
8. Repealer and new section refiled 1-28-93 as an emergency;
				  operative 12-29-92 (Register 93, No. 5). A Certificate of Compliance must be
				  transmitted to OAL 5-28-93 or emergency language will be repealed by operation
				  of law on the following day.
9. Repealer and new section refiled
				  6-15-93 as an emergency; operative 4-2-93 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL
				  by 7-31-93 or emergency language will be repealed by operation of law on the
				  following day.
10. Repealer and new section refiled 10-6-93, with
				  amendment of subsection (c), as an emergency; operative 7-21-93 pursuant to
				  Health and Safety Code section
				  50199.17
				  (Register 93, No. 41). A Certificate of Compliance must be transmitted to OAL
				  by 11-18-93 or emergency language will be repealed by operation of law on the
				  following day.
11. Editorial correction of HISTORY 9 (Register 93,
				  No. 41).
12. Repealer and new section refiled 12-20-93 as an
				  emergency; operative 11-18-93 pursuant to Health and Safety Code section
				  50199.17
				  (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL
				  by 3-18-94 or emergency language will be repealed by operation of law on the
				  following day.
13. Repealer and new section refiled with amendments
				  5-3-94 as an emergency; operative 1-25-94 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 94, No. 18). A Certificate of Compliance must be transmitted to OAL
				  by 5-25-94 or emergency language will be repealed by operation of law on the
				  following day.
14. Repealer and new section refiled 6-29-94 as an
				  emergency; operative 5-28-94 pursuant to Health and Safety Code section
				  50199.17
				  (Register 94, No. 26).
15. Repealer and new section refiled 10-24-94
				  as an emergency; operative 9-22-94 pursuant to Health and Safety Code section
				  50199.17
				  (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL
				  by 1-20-95 or emergency language will be repealed by operation of law on the
				  following day.
16. Repealer and new section refiled 1-17-95 as an
				  emergency, including amendment of NOTE; operative 1-20-95 pursuant to Health
				  and Safety Code section
				  50199.17
				  (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by
				  5-22-95 or emergency language will be repealed by operation of law on the
				  following day.
17. Repealer and new section refiled 7-7-95 as an
				  emergency; operative 5-20-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL
				  by 9-17-95 or emergency language will be repealed by operation of law on the
				  following day.
18. New section refiled 7-17-95 as an emergency;
				  operative 5-25-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL
				  by 9-22-95 or emergency language will be repealed by operation of law on the
				  following day.
19. New section, including amendment of NOTE, refiled
				  3-18-96 as an emergency; operative 9-22-95 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL
				  by 1-20-96 or emergency language will be repealed by operation of law on the
				  following day.
20. New section refiled 3-18-96 as an emergency;
				  operative 9-26-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 96, No. 13). A Certificate of Compliance must be transmitted to OAL
				  by 1-24-96 or emergency language will be repealed by operation of law on the
				  following day.
21. New section refiled 3-18-96 as an emergency;
				  operative 10-30-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 96, No. 14). A Certificate of Compliance must be transmitted to OAL
				  by 2-27-96 or emergency language will be repealed by operation of law on the
				  following day.
22. Repealer and new section filed 8-19-97; operative
				  2-18-97 pursuant to Health and Safety Code section
				  50199.17
				  (Register 97, No. 34).
23. Amendment of subsection (d) filed
				  7-26-99; operative 6-3-99 pursuant to Health and Safety Code section
				  50199.17
				  (Register 99, No. 31).
41. Amendment of subsections (d) and (h) and
				  amendment of NOTE filed 2-26-2021; operative upon adoption by the California
				  Tax Credit Allocation Committee on 12-20-2020 pursuant to Health and Safety
				  Code section
				  50199.17(c).
				  Submitted to OAL for filing and printing only pursuant to Health and Safety
				  Code section
				  50199.17
				  (Register 2021, No. 9).
42. Amendment of subsection (h) filed
				  8-8-2022; operative upon adoption by the California Tax Credit Allocation
				  Committee on 7-20-2022 pursuant to Health and Safety Code section
				  50199.17(c).
				  Submitted to OAL for filing and printing only pursuant to Health and Safety
				  Code section
				  50199.17
				  (Register 2022, No. 32).
43. Amendment of subsection (h) filed
				  6-21-2023; operative upon adoption by the California Tax Credit Allocation
				  Committee on 5-10-2023 pursuant to Health and Safety Code section
				  50199.17(c).
				  Submitted to OAL for filing and printing only pursuant to Government Code
				  section
				  11343.8
				  (Register 2023, No. 25).
Note: Authority cited: Section
					 50199.17,
					 Health and Safety Code. Reference: Sections
					 12206,
					 17058
					 and
					 23610.5,
					 Revenue and Taxation Code; and Sections
					 50199.4,
					 50199.5,
					 50199.6,
					 50199.7,
					 50199.8,
					 50199.9,
					 50199.10,
					 50199.11,
					 50199.12,
					 50199.13,
					 50199.14,
					 50199.15,
					 50199.16,
					 50199.17,
					 50199.18,
					 50199.20,
					 50199.21
					 and
					 50199.22,
					 Health and Safety Code.