California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.8 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions in Section
				  8070, the following definitions
				  shall apply only to the California Americans with Disabilities Act Small
				  Business Capital Access Loan Program, Sections
				  8078.8 to
				  8078.14 inclusive. To the extent
				  the definitions contained herein conflict with definitions contained in Section
				  8070, the definitions in this
				  section shall control for purposes of the California Americans with
				  Disabilities Act Small Business Capital Access Loan Program.
(a) "Americans with Disabilities Act" or
				"ADA" means the federal Americans with Disabilities Act (42 U.S.C. Sec.
				12101 et seq.) and amendments
				thereto.
(b) "Certified Access
				Specialist" or "CASp" means any person who has been certified pursuant to
				Section
				4459.5 of
				the Government Code.
(c)
				"CalCAP/ADA Contribution" means the Contribution(s) made by the Authority from
				the California Americans with Disabilities Act Small Business Capital Access
				Financing Program Fund established pursuant to Section
				44559.13(b)(2)
				of the Health and Safety Code.
(d)
				"CASp Report" and "CASp Inspection Report" means a written inspection report
				pursuant to Section
				55.53 of the
				California Civil Code.
(e) "Cost
				Estimate" means a written proposal or estimate of the costs of materials,
				services and other expenses to complete some or all of the physical alterations
				or retrofits identified in the CASp Report, as provided by the CASp or by a
				licensed contractor.
(f) "Eligible
				Costs" means and includes all or any part, as defined in subdivision (b)(3) of
				Section
				44559.13
				of the Health and Safety Code, of the price of construction, purchase price of
				real or personal property, the price of demolishing or removing any buildings
				or structures, the price of all machinery and equipment, the amount of
				financing charges and interest prior to, during, and for a period not to exceed
				the later of one year or one year following completion of construction, as
				determined by the authority, the price of insurance during construction, the
				amount of funding or financing noncapital expenses, the amount of reserves for
				principal and interest and for extensions, enlargements, additions,
				replacements, renovations, and improvements, the price of engineering,
				financial, and legal services and other service contracts, the price of plans,
				specifications, studies, surveys, estimates, administrative expenses, and any
				other expenses of funding or financing, that are necessary and allocable to the
				eligible project, and shall not include costs not directly related to physical
				alterations necessary for compliance with the Americans with Disabilities
				Act.
(g) "Eligible Project" means
				the physical alterations or retrofits to an existing small business facility as
				defined in subsection (
l
) necessary to ensure that the
				facility is in compliance with the Americans with Disabilities Act as
				identified in a CASp report on the facility, and the financing necessary to pay
				eligible costs of the project.
(h)
				"Program", and "CalCAP/ADA Financing Program" and "CalCAP/ADA Program" and
				"CalCAP/ADA" mean the California Americans with Disabilities Act Small Business
				Capital Access Loan Program, established pursuant to the Section
				44559.13
				of the Health and Safety Code. Where the term "Program" is used in Sections
				8078.8 to
				8078.14 inclusive, the definition
				provided in this subdivision shall be used instead of the definition provided
				in Section 8070(p) of the
				California Code of Regulations Title 4, Division 11, Article 7.
(i) "Qualified Loan" means a loan or portion
				of a loan as defined in Section
				44559.1 subdivision (j)(1) of the
				Health and Safety Code, where the proceeds of the loan or portion of the loan
				are limited to the Eligible Costs for an Eligible Project under this Program,
				where the loan or portion of the loan does not exceed fifty thousand dollars
				($50,000), and where the term of loss coverage for each qualified loan is no
				more than sixty (60) months. "Qualified Loan" does not include any of the
				following:
(1) Any portion of a loan to the
				extent the same portion thereof has been, is being, or will be enrolled in any
				other government program substantially similar to the Program; and
(2) Any loan where the total amount or value
				of loans enrolled in the Program by the Borrower exceeds
				$50,000.