reglab/statecodes huggingface dataset:
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 2 - Calreuse Remediation Program › Section 8102 - Brownfield Infill Project Program Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to, or in place of the definitions contained in
					 Section 8090, the following definitions
					 shall govern construction of the Brownfield Infill Project Program.
(a) "Brownfield Infill Project" means a
				  project within an Infill Area involving the Remedy, Remedial Action, mitigation
				  and clean-up of Hazardous Material, at a Brownfield, including assessment and
				  site characterization regarding Hazardous Materials first uncovered in the
				  course of mitigation or remediation funded by an Infill Grant or Infill
				  Loan.
(b) "Brownfield Remediation
				  Completion Document" means a written verification from an Oversight Agency
				  stating that the Remedial Work performed was adequate in the remediation of
				  Hazardous Materials at the Brownfield Infill Project.
(c) "Brownfield Remediation Final Report"
				  means a written document that includes, but is not limited to:
(1) Certification that the Borrower or
				  Grantee implemented the final remedy in accordance with the approved Cleanup
				  Plan, and that the work was done in accordance with all applicable laws and
				  regulations.
(2) Certification that
				  the Brownfield Infill Project has been completed in compliance with the
				  California Environmental Quality Act (CEQA) (Public Resources Code Sections
				  21000-
				  21177)
				  and the State CEQA guidelines contained in Section
				  15000 et seq. of Title 14 of the
				  California Code of Regulations.
(3)
				  A final description of the Remedial Work conducted on the Brownfield Infill
				  Project, including but not limited to:
(A) A
				  description of the Remedial Work conducted on the Brownfield Infill
				  Project;
(B) Copies of all
				  necessary permits relating to the Brownfield Infill Project;
(C) Copies of the original and amended
				  versions of the approved Cleanup Plan; and
(D) A description of the public outreach
				  conducted relating to the Brownfield Infill Project.
(4) Provision of a copy of the Brownfield
				  Remediation Completion Document the Borrower or Grantee received from the
				  appropriate Oversight Agency.
(5)
				  Where the remediation and/or Cleanup Plan includes Ongoing Operation and
				  Maintenance, a copy of a plan, approved by the Oversight Agency that ensures
				  that the required mitigation measure will remain in operation for the required
				  time and a copy of the agreement creating a trust or escrow account for the
				  funds.
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 2 - Calreuse Remediation Program › Section 8102.1 - Infill Grant and Infill Loan Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  Applicant shall be eligible for an Infill Grant or Infill Loan when the
				  Strategic Partner determines all of the following:
(1) The Applicant submits an Infill
				  Application that meets the requirements of Section
				  8102.2;
(2) The Applicant proposes a Brownfield
				  Infill Project within an Infill Area;
(3) The Applicant submits a Remedial Action
				  Plan or Cleanup Plan that has been approved by an appropriate Oversight
				  Agency;
(4) The Applicant submits a
				  Phase I assessment report consistent with Title 40, Part 312 of the Code of
				  Federal Regulations;
(5) The Infill
				  Grant or Infill Loan is requested to fund all or a portion of Eligible
				  Brownfield Infill Project Costs associated with a Brownfield Infill
				  Project;
(6) The Applicant
				  demonstrates the ability to retain, or is, a development entity;
(7) If the requested Infill Grant or Infill
				  Loan does not finance all costs of the Brownfield Infill Project, the Applicant
				  identifies an alternative funding source or other financial means to finance
				  the costs of the Brownfield Infill Project not covered by the Infill Grant or
				  Infill Loan;
(8) The Applicant
				  demonstrates that the Infill Development Project produces or Promotes
				  Residential Development or Mixed Use Development;
(9) The Applicant demonstrates that the
				  Infill Development Project is consistent with Regional and Local Land Use
				  Plan(s);
(10) The Applicant
				  identifies the funding sources to develop the Infill Development Project
				  ;
(11) The Applicant has not been
				  convicted of a felony or misdemeanor involving the regulation of Hazardous
				  Materials, including, but not limited to, a conviction of a felony or
				  misdemeanor under California Health and Safety Code Section
				  25395.13;
				  and
(12) Any affirmative responses
				  provided in Section
				  8102.2 (
l
) do not
				  materially impugn the integrity of the Applicant or will not adversely affect
				  the Applicant's ability to comply with these regulations.
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 2 - Calreuse Remediation Program › Section 8102.2 - Infill Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Infill Application shall include all of the following
					 information, and indicate the source of information in circumstances in which
					 the Applicant is not the primary source.
(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, the name of the owners of the business
				  or entity, and the percentage of ownership of the business or entity.
(b) Whether the Applicant is applying for an
				  Infill Grant and/or an Infill Loan and the necessary information establishing
				  eligibility for the grant or loan applied for.
(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 the Applicant's legal interest in the
				  Brownfield through:
(A) An executed lease
				  agreement or lease option for the length of time the Brownfield Infill Project
				  and Infill Development Project will be regulated under this program between the
				  Applicant and the owner of the subject property; or
(B) An executed disposition and development
				  agreement between the Applicant and a public agency; or
(C) A valid, current, and enforceable
				  contingent purchase and sale agreement, conveyance agreement or option
				  agreement between the Applicant and the owner of the subject property,
				  including evidence that all extensions necessary to keep agreement current
				  through the date of the award; or
(D) Valid, current and enforceable purchase
				  and sale agreements, contingent purchase and sale agreements, conveyance
				  agreements, option agreements in combination between the Applicant, a third
				  party and the owner of the subject property such that the Authority can
				  determine that upon an award the Applicant has a right to acquire the subject
				  property; or
(E) Site control may
				  also be demonstrated where a local agency has documented its intention to
				  acquire the site, or portion of the site, through eminent domain proceedings
				  through an order of possession or resolution duly adopted by the agencies
				  governing body.
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 2 - Calreuse Remediation Program › Section 8102.3 - Infill Application Availability, Submission and Strategic Partner Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicants can obtain information regarding application procedures 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.
(b) The Applicant shall submit two (2)
				  complete and signed Infill Applications to a Strategic Partner.
(c) The Infill Application shall contain the
				  information set forth in Section
				  8102.2.
(d) The Strategic Partner shall review each
				  Infill Application in accordance with the provisions of this Subarticle. No
				  later than forty-five (45) days following receipt of a completed Infill
				  Application, the Strategic Partner shall in writing either:
(1) Notify the Applicant that the Infill
				  Application is being recommended to the Authority for approval;
(2) Notify the Applicant that the Infill
				  Application is not being recommended to the Authority and the reasons for the
				  denial; or
(3) Notify the Applicant
				  that the Infill Application remains incomplete and describe what additional
				  information the Applicant needs to submit to complete the Infill Application.
				  If the Strategic Partner determines that any document submitted in the Infill
				  Application is not adequate, the Infill 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 2 - Calreuse Remediation Program › Section 8102.4 - Infill Grants and Infill Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Infill Grants, Infill Loans or combined Infill Grants and Loans to the same
				  entity for the same Brownfield Infill Project and subject to the same Cleanup
				  Plan shall not be less than fifty thousand ($50,000) nor more than five million
				  dollars ($5,000,000). The Authority may waive the minimum or maximum upon a
				  finding that it is in the public interest and advances the purposes of the
				  program.
(b) Infill Grants may be
				  awarded to Applicants to the extent the proposed Infill Development Project
				  includes not less than fifteen percent (15%) affordable units as set forth in
				  Health and Safety Code Sections
				  53545.13(c)(2)(C)
				  and 53545.13(c)(2)(D). In addition, the proposed Infill Development Project
				  must meet the density requirements set forth in Health and Safety Code Section
				  53545.13(c)(3).
(c) The following Proposed Infill Development
				  Projects may qualify for Infill Grants if they provide substantial:
(1) Housing for homeless
				  populations.
(2) Housing for
				  special needs populations as defined in Section
				  10325(g)(4) of
				  Title 4 of the California Code of Regulations.
(3) Single Room Occupancy (SRO) housing as
				  defined in Section
				  10325(g)(3) of
				  Title 4 of the California Code of Regulations.
(4) United States Department of Housing and
				  Urban Development Section
				  202 Supportive Housing for the
				  Elderly.
(5) United States
				  Department of Housing and Urban Development Section
				  811 Supportive Housing for Person
				  with Disabilities.
(6) Housing for
				  families with special needs that require temporary
				  relocation.
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 2 - Calreuse Remediation Program › Section 8102.5 - Infill Grant and Infill Loan Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon recommendation from the Strategic Partner, the Authority may approve an
				  Infill Application. The Strategic Partner may recommend approval upon a
				  determination that:
(1) The Infill
				  Application is complete and satisfies the requirements of Section
				  8102.2;
(2) The proposed Infill Development Project
				  meets the requirements of Sections
				  8102.1 and
				  8102.4;
(3) The Infill Application has been scored
				  according to the criteria set forth in Section
				  8102.14.
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 2 - Calreuse Remediation Program › Section 8102.7 - 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 Authority shall not disburse Infill Grant
				  or Infill Loan funds unless all of the following conditions are met:
(1) All other funds for completing the
				  Brownfield Infill Project are identified and committed for use;
(2) All terms and conditions contained in the
				  commitment letter described in Section
				  8102.5(c) are
				  satisfied;
(3) Execution of an
				  Infill Loan Agreement, Infill Grant Agreement, promissory note and any other
				  documents, as required, and compliance with all conditions precedent to
				  disbursement contained in the Infill Grant Agreement or Infill 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 2 - Calreuse Remediation Program › Section 8102.8 - Infill Loan and Infill Grant Extensions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Infill Loan or Infill Grant Extensions. Upon written request received from the
				  Applicant, the term of an Infill Loan or Infill Grant may be extended by
				  Executive Director of the Authority if both of the following conditions are
				  met:
(1) The Applicant clearly demonstrates
				  that it is unable to complete the Brownfield Infill Project or the Infill
				  Development Project by the end of the Infill Loan or Infill Grant term,
				  and
(2) The Applicant clearly
				  demonstrates how the Brownfield Infill Project or Infill Development 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 2 - Calreuse Remediation Program › Section 8102.9 - 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 Infill Projects for which Infill Applications
				  have been submitted and for which funding is anticipated during the next six
				  months;
(B) Identification of
				  whether the proposed Brownfield Infill Project meets the various criteria
				  outlined in Section
				  8102.1(a);
(C) Identification of whether the Strategic
				  Partner is the Applicant;
(D)
				  Requested award amount and type;
(E) Description of the anticipated Infill
				  Development Project, including the total number of housing units created, the
				  number of affordable units and the depth and duration of
				  affordability;
(F) Indication of
				  whether the Brownfield Infill Project is located within an Economically
				  Distressed Community;
(G)
				  Anticipated timeline of completion of the Brownfield Infill Project;
(H) Anticipated timeline of completion of the
				  Infill Development Project;
(I)
				  Previous use of the Brownfield and known contaminants; and
(J) Applicant's identified Oversight
				  Agency.
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 2 - Calreuse Remediation Program › Section 8102.10 - Allocation of Funds to Strategic Partners. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section 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.
2. New section 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.
3. New section 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.
4. Certificate of Compliance as to 11-24-2008 order repealing
					 section 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 2 - Calreuse Remediation Program › Section 8102.11 - 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 acting alone or in combination
				  with others, shall be eligible to participate as a Strategic Partner. 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 specifically as applied to
				  proposed Brownfield Infill Projects and Infill Development Projects;
(3) Demonstrated understanding of
				  environmental assessment and remediation requirements;
(4) Demonstrated understanding of Brownfield
				  regulatory and reporting requirements;
(5) Demonstrated experience in evaluating the
				  economic viability of proposed Brownfield Infill Projects and Infill
				  Development Projects; and
(6)
				  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 2 - Calreuse Remediation Program › Section 8102.12 - Strategic Partner as Applicant, Borrower, and/or Grantee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding any decision to act as a Strategic Partner pursuant to Section
				  8102.11(d), the
				  following shall apply in all cases where the Strategic Partner is the
				  Applicant, Borrower or Grantee 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):
(1) The Authority shall be the Strategic
				  Partner as to the Infill Application and Infill Grant or Infill Loan.
(2) If the Authority is the Strategic
				  Partner, the Executive Director shall be authorized to:
(A) Determine whether the Applicant shall be
				  eligible for an Infill Loan or Infill Grant pursuant to Section
				  8102.1.
(B) Review the Infill Application and notify
				  the Applicant pursuant to Section
				  8102.3 and
				  8102.5.
(C) Execute the Infill Loan Agreement or
				  Infill Grant Agreement pursuant to Section
				  8102.4 and
				  8102.6.
(D) Cause funds to be disbursed to the
				  Applicant pursuant to Section
				  8102.7.
(E) Determine whether an Infill Loan or
				  Infill Grant shall be extended pursuant to Section
				  8102.8.
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 2 - Calreuse Remediation Program › Section 8102.13 - Technical Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon request of an Applicant, Borrower, or Grantee the
					 Strategic Partner may provide Technical Assistance to assist in the remediation
					 of a Brownfield Infill Project. Technical Assistance costs charged by the
					 Strategic Partner must be pre-approved by the Authority.
1. New
					 section 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.
2. New section 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.
3. New section 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.
4. Certificate of Compliance as to 11-24-2008 order, including
					 amendment of section, 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 2 - Calreuse Remediation Program › Section 8102.14 - Scoring Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Infill Applications will be scored based upon the
					 following criteria:
(a) Readiness to
				  Proceed: maximum of 40 points.
(1) The
				  Applicant has demonstrated that environmental review can be completed and all
				  necessary entitlements can be received from the local jurisdictions within two
				  years of receiving the award: 10 points.
(2) Excluding tax credit equity and tax
				  exempts bonds, funding commitments are in place, or financing application are
				  under review, for the Infill Development Project. (Partial points available
				  equivalent to the percentage of funding committed or under review, e.g. 80% of
				  funding under committed or under review =8 points): 10 points.
(3) The Infill Development Project has local
				  community and government support: 10 points.
(4) Cleanup Plan has been approved by
				  Oversight Agency: 5 points
(5)
				  Applicant has necessary governmental permits in place, including but not
				  limited to grading, encroachment, right of way, demolition, and air quality
				  permits and excluding the building permit. (Partial points available, e.g. 80%
				  of necessary permits under review =80% of 5 points.): 5
				  points
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 2 - Calreuse Remediation Program › Section 8102.15 - Geographic Distribution Targets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Brownfield remediation program has the following
					 targets for geographical distribution of funds:
(a) Fresno, Kern, Kings, Madera, Merced, San
				  Joaquin, Stanislaus and Tulare Counties--ten percent (10%);
(b) Los Angeles, Imperial, Orange, Riverside,
				  San Bernardino and San Diego Counties--fifty-nine percent (59%);
(c) All other counties--thirty-one percent
				  (31%).
1. New
					 section 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.
2. New section 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.
3. New section 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.
4. Certificate of Compliance as to 11-24-2008 order 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 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8110 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern construction of
				  Article 10.
(a) "Alternative Funding
				Sources" means the Applicant's internal sources of funds typically used to fund
				projects similar to the Applicant's Project and other state, federal, local or
				private sources of funds that are be available for similar projects.
(b) "Applicant" means any county, city and
				county, or city applying for program funding. The Applicant may partner with a
				public entity including, but not limited to, a redevelopment agency or joint
				powers authority.
(c) "Application"
				means the information referred to in Section
				8112.
(d) "Authority" means the California
				Pollution Control Financing Authority, organized and existing under and by
				virtue of Division 27 (commencing with Section
				44500) of the California Health and
				Safety Code.
(e) "Economically
				Distressed" means high unemployment levels, low-income levels, and/or high
				poverty.
(f) "Executive Director"
				means the Executive Director of the California Pollution Control Financing
				Authority.
(g) "Eligible Costs"
				means reasonable and necessary Project costs that may include, but not be
				limited to, costs associated with any of the following:
(1) The planning and implementation processes
				for programs, plans (e.g., general plans, or portions thereof; specific plans,
				or portions thereof; alternative transportation studies; finance plans;
				redevelopment plans; engineering studies; the hiring of consultants to assist
				in the planning process; or similar type expenses).
(2) Costs associated with funding projects
				such as a community center, park enhancements, or infrastructure improvements
				that are key elements of a comprehensive community or neighborhood sustainable
				development project.
(3) Costs
				associated with facilitating public involvement (e.g., public hearings,
				information meetings, or similar type activities) related to developing
				policies, programs and projects.
(4) Costs associated with hiring technical
				experts to identify, assess, and complete applications for state, federal and
				private economic assistance programs that fund sustainable development and
				sound environmental policies and programs.
(5) Travel, telephone, postage and similar
				administrative expenses directly related to the project.
(6) Staff time (including staff training
				expenses) directly related to the Project.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8111 - Funding Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				Applicant may be eligible to receive funding when the Authority determines
				that:
(1) The Applicant has submitted an
				Application that meets the requirements of Section
				8112.
(2) The Applicant proposes a
				Project;
(3) The funds are
				requested to finance Eligible Costs associated with a Project;
(4) The Applicant demonstrates the ability to
				gather likely sources of capital to complete the Project.
(5) The Applicant receives a minimum passing
				score as set forth in section
				8113(d)
				hereof.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8112 - Project Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Application shall include all of the following
				  information:
(a) An Application
				checklist that generally describes the type and order of information that must
				be provided to ensure that the Applicant submits a complete Application
				package.
(b) An Application cover
				sheet with:
(1) The Project name;
(2) Applicant information including (a)
				Applicant name(s), address(es), telephone numbers and (b) contact person name,
				title and telephone numbers;
(3)
				Project location information including city, county, zip code and Project Area
				descriptions including Project site address(es), if applicable;
(4) Funding information including requested
				funding amount, type of funding requested (i.e., Grant and/or Loan), other
				non-program funding amount(s) and total cost of Project; and
(5) Applicant certification that declares
				under the penalty of perjury that the information contained in the Application,
				exhibits, and attachments is true and correct to the best of Applicant's
				knowledge and belief and that Applicant understands that misrepresentation may
				result in the cancellation of the approved funding, and other actions, which
				the Authority may take.
(6) A
				statement that the Authority reserves the right to request additional
				information for its review.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8113 - Application Availability and Submission, Project Selection Process and Project Evaluation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application Availability. The Application shall contain the information set
				forth in Section
				8112.
(b) Application Submission. Applications must
				be submitted in duplicate to the Authority by the application deadlines
				published by the Authority. The first Application deadline shall occur in June
				2002; thereafter, Application deadlines shall occur at least on a semi-annual
				basis until program funding is exhausted.
(c) Project Selection Process. Authority
				staff shall:
(1) First determine if the
				Application meets the First Priority for funding.
(2) Next screen applications that meet the
				First Priority threshold to determine:
(A)
				Applicant eligibility, and
(B)
				Project eligibility.
(3)
				Evaluate and rank on a competitive basis Applications designated First Priority
				per the criteria in section (d) hereof. Authority staff may include additional
				Outside Reviewers to assist with scoring Applications.
(4) Screen and evaluate Applications not
				designated as First Priority as follows:
(A)
				After Applications that satisfy the First Priority designation are evaluated
				and ranked per subsection (c)(3) hereof and
(B) If Authority staff's funding
				recommendations to the Authority board for First Priority Applicants do not
				exceed the maximum funding availability for the program. If additional funding
				is available, the remaining Applications will be screened to determine
				Applicant and Project eligibility and will be evaluated as described in
				subsection (c)(3) above.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8114 - Authority Approval and Commitment Letter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Authority Approval. No later than ninety (90) days following receipt of an
				Application, the Executive Director will determine which Projects to recommend
				to the Authority for grant funding pursuant to section
				8113(e) hereof.
				The Authority shall make the final determination as to which Applications will
				receive program funding. The Authority shall notify each Applicant whether or
				not its Application has been approved for funding.
(b) Commitment Letter. If funding is
				approved, the Authority shall notify the Applicant by a letter committing the
				Authority to provide Grant funds so long as the Applicant strictly complies
				with the terms and conditions contained therein. The commitment letter shall
				include all of the following:
(1) Name(s) of
				the Grantee.
(2) Grant amount and
				term.
(3) A description of Eligible
				Costs to be financed.
(5)
				Disbursement process, including a statement that proceeds shall be disbursed on
				a reimbursement basis.
(6)
				Conditions and covenants.
(7) The
				date when the commitment expires.
(8) Such other items as may relate
				specifically to a Project and/or Applicant.
(9) A statement that the Authority reserves
				the right to modify or cancel the commitment upon failure of the Applicant to
				execute a Grant Agreement that includes all of the terms and conditions set
				forth in the commitment letter, or if the Authority becomes aware of any matter
				which, if known at the time of Application review or approval, would have
				resulted in the Application not being approved.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8115 - Grant Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms and conditions of a Grant shall be set forth in a
				  Grant Agreement executed by the Borrower and shall include all of the following
				  terms and conditions:
(a) A Grant
				amount not greater than three hundred fifty thousand dollars ($350,000) for
				Eligible Costs with respect to a Project;
(b) A Grant disbursement period not to exceed
				thirty-six (36) months from the execution date of the Grant
				Agreement;
(c) Disbursement
				procedures pursuant to Section
				8116;
(d) A provision that any unused Grant funds
				shall revert to the Authority;
(e)
				Agreement to comply with the Authority's program statutes and
				regulations;
(f) Agreement that the
				Grantee will defend, indemnify and hold harmless the Authority and the State,
				and all officers, trustees, agents and employees of the same, from and against
				any and all claims, losses, costs, damages, or liabilities of any kind or
				nature, whether direct or indirect, arising from or relating to the Grant, the
				Project or this program;
(g)
				Agreement to comply with laws outlawing discrimination including, but not
				limited to those prohibiting discrimination because of sex, race, color,
				ancestry, religion, creed, national origin, physical disability (including HIV
				and AIDS), mental disability, medical condition (cancer or genetic
				characteristics), sexual orientation, political affiliation, position in a
				labor dispute, age, marital status, and denial of statutorily-required
				employment-related leave;
(h)
				Agreement that continued compliance with program requirements is the Grantee's
				responsibility;
(i) Agreement that
				the Grant shall only be used for Eligible Costs as described in the Grantee's
				Application;
(j) Any other
				provision agreed to by the parties.
1. New section
				  filed 5-13-2002 as an emergency; operative 5-13-2002 (Register 2002, No. 20). A
				  Certificate of Compliance must be transmitted to OAL by 9-10-2002 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 5-13-2002 order transmitted
				  to OAL 7-31-2002 and filed 9-12-2002 (Register 2002, No. 37).
Note: Authority cited: Section
					 44520(a),
					 Health and Safety Code. Reference: Sections
					 44501,
					 44502,
					 44526(g)
					 and
					 44526(i),
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8116 - Conditions of Funds Disbursement, Funds Disbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Conditions of Funds Disbursement. The Authority shall not disburse funds unless
				the Applicant has executed a Grant Agreement and any other documents, as
				required to verify to the satisfaction of the Authority any information
				asserted in the Applicant's Application, and is in compliance with all
				conditions precedent to disbursement contained in the aforementioned
				agreement.
(b) Funds Disbursement.
				The Authority shall cause funds to be disbursed as follows:
(1) For Eligible Costs covered by the Grant
				Agreement, the Grantee shall sign and submit to the Authority either:
(a) a signed invoice documenting the service
				or procedure performed from entities providing materials and services,
				or
(b) documentation of pending
				expenditure to receive funds on a prospective basis
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 10 - Sustainable Communities Grant and Loan Program-Grants › Section 8117 - Reports, Certificate of Completion and Records Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Reports. A Grantee shall provide quarterly status reports to the Authority that
				shall include:
(1) A description of
				activities performed for the Project for the previous three months;
(2) An estimated time schedule for completion
				of the Project;
(3) A description
				of remaining work to be completed for the Project; and
(4) A description of whether the Project is
				meeting the proposed budget and if not the reasons for any differences and what
				actions will be taken to insure that the Project will be
				completed.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 11 - Sustainable Communities Grant and Loan Program-Loans › Section 8118 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern construction of
				  Article 11.
(a) "Alternative Funding
				Sources" means the Applicant's internal sources of funds typically used to fund
				projects similar to the Applicant's Project and other state, federal, local or
				private sources of funds that are be available for similar projects.
(b) "Applicant" means any county, city and
				county, or city applying for program funding. The Applicant may partner with a
				public entity including, but not limited to, a redevelopment agency or joint
				powers authority.
(c) "Application"
				means the information referred to in Section
				8120.
(d) "Authority" means the California
				Pollution Control Financing Authority, organized and existing under and by
				virtue of Division 27 (commencing with Section
				44500) of the California Health and
				Safety Code.
(e) "Borrower" means
				an Applicant whose Loan has been approved and who has executed a Loan
				Agreement.
(f) "Economically
				Distressed" means high unemployment levels, low-income levels, and/or high
				poverty.
(g) "Executive Director"
				means the Executive Director of the California Pollution Control Financing
				Authority.
(h) "Eligible Costs"
				means reasonable and necessary Project costs that may include, but not be
				limited to, costs associated with any of the following:
(1) The planning and implementation processes
				for programs, plans (e.g., general plans, or portions thereof; specific plans,
				or portions thereof; alternative transportation studies; finance plans;
				redevelopment plans; engineering studies; the hiring of consultants to assist
				in the planning process; or similar type expenses).
(2) Costs associated with funding projects
				such as a community center, park enhancements, or infrastructure improvements
				that are key elements of a comprehensive community or neighborhood sustainable
				development project.
(3) Costs
				associated with facilitating public involvement (e.g., public hearings,
				information meetings, or similar type activities) related to developing
				policies, programs and projects.
(4) Costs associated with hiring technical
				experts to identify, assess, and complete applications for state, federal and
				private economic assistance programs that fund sustainable development and
				sound environmental policies and programs.
(5) Travel, telephone, postage and similar
				administrative expenses directly related to the project.
(6) Staff time (including staff training
				expenses) directly related to the Project.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 11 - Sustainable Communities Grant and Loan Program-Loans › Section 8119 - Funding Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				Applicant may be eligible to receive funding when the Authority determines
				that:
(1) The Applicant has submitted an
				Application that meets the requirements of Section
				8120.
(2) The Applicant proposes a
				Project;
(3) The funds are
				requested to finance Eligible Costs associated with a Project;
(4) The Applicant demonstrates the ability to
				gather likely sources of capital to complete the Project.
(5) The Applicant receives a minimum passing
				score as set forth in section
				8121 hereof.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 11 - Sustainable Communities Grant and Loan Program-Loans › Section 8120 - Project Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Application shall include all of the following
				  information:
(a) An Application
				checklist that generally describes the type and order of information that must
				be provided to ensure that the Applicant submits a complete Application
				package.
(b) An Application cover
				sheet with:
(1) The Project name;
(2) Applicant information including (a)
				Applicant name, address, telephone numbers and (b) contact person name, title
				and telephone numbers;
(3) Project
				location information including city, county, zip code, Project Area
				descriptions and Project site address(es), if applicable;
(4) Funding information including requested
				funding amount, type of funding requested (i.e., Grant and/or Loan), other
				non-program funding amount(s) and total cost of Project; and
(5) Applicant certification that declares
				under the penalty of perjury that the information contained in the Application,
				exhibits, and attachments is true and correct to the best of Applicant's
				knowledge and belief and that Applicant understands that misrepresentation may
				result in the cancellation of the approved funding, and other actions, which
				the Authority may take.
(6) A
				statement that the Authority reserves the right to request additional
				information for its review.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 11 - Sustainable Communities Grant and Loan Program-Loans › Section 8121 - Application Availability and Submission, Project Selection Process and Project Evaluation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application Availability. The Application shall contain the information set
				forth in Section
				8120.
(b) Application Submission. Applications must
				be submitted in duplicate to the Authority by the application deadlines
				published by the Authority. The first Application deadline shall occur in June
				2002; thereafter, Application deadlines shall occur at least on a semi-annual
				basis until program funding is exhausted.
(c) Project Selection Process. Authority
				staff shall:
(3) First determine if the
				Application meets the First Priority for funding.
(4) Next screen applications that meet the
				First Priority threshold to determine:
(A)
				Applicant eligibility, and
(B)
				Project eligibility.
(3)
				Evaluate and rank on a competitive basis Applications designated First Priority
				per the criteria in section (d) hereof. Authority staff may include additional
				Outside Reviewers to assist with scoring Applications.
(4) Screen and evaluate Applications not
				designated as First Priority as follows:
(A)
				After Applications that satisfy the First Priority designation are evaluated
				and ranked per subsection (c)(3) hereof and
(B) if Authority staff's funding
				recommendations to the Authority board for First Priority Applicants do not
				exceed the maximum funding availability for the program. If additional funding
				is available, the remaining Applications will be screened to determine
				Applicant and Project eligibility and will be evaluated as described in
				subsection (c)(3) above.