reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 4 - Provisions Relating to Small Business Financings › Section 8044 - Small Business Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In connection with small business loans made in accordance
				  with California Code of Regulations, Title 10, Chapter 6.81 (commencing with
				  Section 4610) adopted by the California
				  Department of Commerce pursuant to California Health and Safety Code Section
				  44520(b),
				  the Authority acknowledges said regulations and shall undertake to perform its
				  obligations set forth therein. If any inconsistency exists between said
				  regulations and this article, the provisions of said regulations shall apply.
				  In addition, in connection with such small business loans, the following shall
				  apply:
(a) Notwithstanding anything in
				Section 8043 to the contrary, the Authority
				shall be authorized to establish the loan guarantee percentage it deems
				necessary to facilitate the provision of such small business loans.
(b) The Authority shall be authorized to
				waive fees it charges pursuant to Section
				8034 for all applicants approved
				for such small business loans.
1. New section
				  filed 3-19-92 as an emergency; operative 3-19-92 (Register 92, No. 13). A
				  Certificate of Compliance must be transmitted to OAL 7-17-92 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 3-19-92 order including
				  amendment of first paragraph transmitted to OAL 7-30-92 and filed 9-9-92
				  (Register 92, No. 37).
Note: Authority cited: Section
					 44520(b),
					 Health and Safety Code. Reference: Sections
					 44533(b)
					 and
					 44548(c),
					 Health and Safety Code; Section
					 15335,
					 Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8050 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern construction of
				  Article 5 and Article 6.
(a) "Agency"
				means a public entity authorized under federal, state or local law to issue an
				Authorization in connection with Pollution Control Requirements.
(b) "Applicant" means an entity applying for
				a Loan.
(c) "Application" means the
				information referred to in Section
				8054.
(d) "Assessment Report" means a report
				prepared by a Coordinator pursuant to Section
				8053(c) of these
				regulations.
(e) "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.
(f) "Authorization"
				means a permit, order or other authority to construct or authority to construct
				and operate a Project.
(g) "Bonds"
				means any series of bonds, notes or other evidence of indebtedness issued by
				the Authority, a portion of the proceeds of which are used to fund
				Loans.
(h) "Borrower" means an
				Applicant whose Loan has been approved and who has executed a Loan
				Agreement.
(i) "Contractor" means
				an entity who has contracted with the Authority to undertake loan packaging,
				servicing and related activities pursuant to these regulations.
(j) "Coordinator" means an entity which
				receives and processes applications and disburse funds pursuant to these
				regulations. The Coordinator for any given Application shall be authorized to
				be either the Authority's staff or a Contractor, if one or more have contracted
				with the Authority, that receives the Applicant's complete and signed
				Application pursuant to Section
				8053 of these
				regulations.
(k) "Eligible Costs"
				means reasonable and necessary Project costs associated with the following:
(1) Acquisition or construction of the
				Project, including labor installation and construction costs if such
				installation and construction are performed by a contractor (as defined in
				Section
				7026
				of the California Business and Professions Code) licensed in accordance with
				Sections
				7065
				through
				7077
				of the California Business and Professions Code.
(2) Design, engineering, architectural,
				consulting, real estate appraisal, legal and other related costs and fees
				necessary to the Environmental Audit and to the acquisition or construction of
				the Project.
(3) Preparation costs,
				including obtaining acquisition or construction cost estimates, preliminary
				design and engineering work, planning costs and any other expense reasonably
				required in order to obtain an Authorization.
(4) The Loan fees and Environmental
				Audit.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8051 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Applicant shall be eligible for a Loan when the
				  Coordinator determines that:
(a) the
				Applicant is a Small Business that has been operating and engaged in
				substantially the same activity for a minimum of three (3) years prior to the
				time the Application is submitted to the Coordinator;
(b) The Applicant demonstrates the ability to
				repay the Loan from operational cash flow.
(c) Adequate Security exists to secure the
				Loan on the terms and conditions required by these regulations and agreed to by
				the Applicant.
(d) The Loan is
				requested to fund a Project located in California.
(e) The Applicant has an after tax net income
				in at least two (2) of the last three (3) full years of operation.
1. New section
				  filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
Note: Authority cited: Section
					 44520(a),
					 Health and Safety Code. Reference: Sections
					 44533(b)
					 and
					 44548,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8052 - Loan Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms and conditions of a Loan shall include all of the
				  following:
(a) An interest rate not to
				exceed one percent (1%) greater than the net interest cost on the Bonds issued
				in connection with a Loan, or if no bonds are so issued, not to exceed five
				percent (5%) greater than the interest rate payable at the time of a Loan on
				moneys in the state's surplus money investment fund. As used in this
				subsection, "net interest cost" is determined by dividing the total interest
				payments for the Bonds (reduced by any premium or accrued interest and
				increased by any discount) by the product of the issue price (which is the par
				amount of the Bonds less any discount and increased by any premium) and the
				weighted maturity of the issue (which is the average maturity of the issue
				weighted to reflect the dollar amount of each particular maturity).
(b) A maximum Loan amount no greater than
				seven hundred and fifty thousand dollars ($750,000).
(c) A minimum Loan amount no less than ten
				thousand dollars ($10,000).
(d) A
				Loan term not to exceed eight (8) years; provided that no term shall exceed the
				final maturity of the Bonds.
(e)
				The Loan is fully amortized.
(f) A
				Loan fee of two percent (2%) of the amount of the Loan or five hundred dollars
				($500), whichever is greater, to be paid to the Authority.
(g) Late charges in the event of a
				default.
(h) Any other provision
				agreed to by the parties.
1. New section
				  filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
Note: Authority cited: Section
					 44520(a),
					 Health and Safety Code. Reference: Sections
					 44533(b)
					 and
					 44548,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8053 - Application Availability, Submission and Coordinator Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applications shall be available from the Authority's staff and from any
				Contractor. Applicants can obtain a list of Contractor(s) or a copy of the
				Application by contacting the Authority's staff at the following address:
				California Pollution Control Financing Authority, 915 Capital Mall, Room 466,
				Sacramento, California, 95814 Attention: CLEAN Program, or by phoning (916)
				654-5610. The Application shall contain the information set forth in Section
				8054. The Applicant shall submit
				one (1) complete and signed Application to a Coordinator.
(b) The Coordinator shall review each
				Application in accordance with Section
				8051. If the Coordinator determines
				that the Application is incomplete, the Coordinator shall provide assistance to
				the Applicant in completing the Application. No later than sixty (60) days
				following receipt of a complete Application, the Coordinator shall either:
(1) Notify the Applicant that the Application
				is ineligible; or
(2) Notify the
				Applicant that the Application is eligible.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8054 - Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Application shall include all of the following:
(a) The Applicant name, address, telephone
				number, federal tax identification number, type of business, Standard
				Industrial Classification Number as set forth in Standard Industrial
				Classification Manual, 1987, United States Office of Management and Budget, and
				the date the business was established.
(b) The Applicant owner(s), including the
				Applicant owner's spouse's name if such spouse is an owner, and guarantor name,
				if any, with the following information for each such owner and guarantor:
				business telephone number, home street address, employer's name and address,
				amount of time at current employment and position held. "Owner" for purposes of
				this section means any person holding a beneficial interest of ten percent
				(10%) or more of the stock issued by, or other ownership interest in, the
				Applicant.
(c) Information
				regarding the Project for which funding is being requested, including:
(1) A description of the Project including
				its useful economic life, the estimated construction period, components, costs
				and whether it is primarily intended to meet pending Pollution Requirements or
				to reduce Hazardous Material generally.
(2) The Project location.
(3) A copy of the Authorization, if
				available, and a copy of the application for the Authorization and any other
				materials submitted to an Agency in connection with the
				Authorization.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8055 - Environmental Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Coordinator shall be authorized to undertake or cause to
				  be undertaken an Environmental Audit, including an Environmental Assessment, in
				  connection with the Applicant and Applicant facilities where the Project is to
				  be located and any other non-residential real property or other facility to be
				  used as Security. The costs of such Environmental Audit shall be authorized to
				  be paid by the Applicant or in such other manner as is agreed to by the
				  Applicant.
1. New section
				  filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
Note: Authority cited: Section
					 44520(a),
					 Health and Safety Code. Reference: Sections
					 44533(b)
					 and
					 44548,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8056 - Coordinator Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Coordinator shall prepare a loan summary which shall summarize the Application,
				Environmental Audit and Assessment Report and shall include a section stating
				whether the Application is eligible, and list the proposed terms, including
				proposed Security, and special conditions of the Loan. The summary also shall
				list the percentage of the Loan which will be used to fund a Project where the
				Agency is the South Coast Air Quality Management District.
(b) When the Coordinator has received a
				complete Application, has completed the Assessment Report pursuant to Section
				8053(c), has
				prepared a loan summary pursuant to Section
				8056(a), and has
				received an Environmental Audit described in Section
				8055 (if authorized or undertaken
				by the Coordinator), then the Application File is complete.
(c) Within ten (10) days of when an
				Applicant's Application File becomes complete as described in Section
				8056(b), the
				Coordinator shall deliver or mail a letter (i) to the Authority and (ii) to the
				Applicant, stating that either:
(1) The
				Coordinator determined that the Application was eligible for further Authority
				review, and that the Application has been forwarded to or is being reviewed by
				the Authority; or
(2) The
				Coordinator determined that the Application was ineligible for specified
				reasons, and that the Applicant can appeal the decision to the Authority,
				pursuant to Section
				8057(b).
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8057 - Authority Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				receipt of a letter from the Coordinator pursuant to Section
				8056, the Authority shall be
				authorized to approve the Application when:
(1) It received the recommendation to that
				effect from the Coordinator pursuant to Section
				8056(c) or when it
				approves an appeal pursuant to Section
				8057(b);
(2) The Environmental Audit supports or does
				not materially adversely affect the decision to make the Loan; and
(3) Funds are available.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 5 - California Loans for Environmental Assistance Now › Section 8058 - Loan Disbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the execution of a Loan Agreement, compliance with
				  all conditions precedent to disbursement contained in the Loan Agreement and
				  the issuance of an Authorization, the Coordinator shall disburse funds as
				  follows:
(a) The Borrower shall sign
				and submit to the Coordinator invoices from entities providing materials and
				services for Eligible Costs covered by the Loan Agreement.
(b) Upon receipt of the signed invoice, the
				Coordinator shall authorize the disbursement of Loan funds to the
				Borrower.
1. New section
				  filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
Note: Authority cited: Section
					 44520(a),
					 Health and Safety Code. Reference: Sections
					 44533(b)
					 and
					 44548(c),
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8071 - Application by Financial Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Financial Institution seeking to participate in the Program will complete a
				registration application provided by the Authority.
The application shall include the following
				  information:
(1) name of applicant
				Financial Institution.
(2) name,
				address and telephone number of contact person.
(3) combined capital and surplus as of the
				end of the Financial Institution's most recent fiscal year.
(4) number of lending branches.
(5) certification that the applicant
				Financial Institution is not subject to a cease and desist order or other
				regulatory sanction with the appropriate federal or state regulatory body,
				which would impair its ability to participate in the Program, and the name of
				that body.
(6) a full description
				of the board of directors, including number, race, ethnicity and gender of its
				members.
(7) the Financial
				Institution's rating from a nationally recognized credit rating agency which
				assesses the financial soundness and stability of financial
				institutions.
(8) the Financial
				Institution's agreement to follow the Program's procedures as set forth in the
				Law and this Article.
(9) the
				Financial Institution's agreement to provide its annual audited financial
				statements, or in the case of a credit union, its annual audited financial
				statements or annual supervisory committee audit, as applicable under
				12 CFR
				715.5 or California Financial Code, Division
				5, Article 4, Sections
				14252 and
				14253, upon the Authority's
				request, and permit an audit of any of its records relating to enrolled
				Qualified Loans, during normal business hours on its premises, by the Authority
				or its agents, and to supply such other information concerning enrolled
				Qualified Loans as shall be requested by the Executive Director.
(10) acknowledgment by the Financial
				Institution that the Authority and the State will have no liability to the
				Participating Financial Institution under the Program except from funds
				deposited in the Loss Reserve Account for the Participating Financial
				Institution.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8072 - Loan Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				terms and conditions of Qualified Loans, including interest rates, fees and
				other conditions, shall be determined solely by agreement of the Participating
				Financial Institution and the Borrower.
(b) A Participating Financial Institution
				shall be authorized to enroll under the Program all or a part of any Qualified
				Loan:
(1) by notifying the Authority in
				writing, within 15 business days after the Qualified Loan is made, that it is
				enrolling a Qualified Loan. For purposes of this section, the date on which the
				Participating Financial Institution makes a Qualified Loan is the date on which
				the Participating Financial Institution first disburses proceeds of the
				Qualified Loan to the Borrower; and
(2) by transmitting to the Authority the Fees
				collected from the Participating Financial Institution and the Borrower, or the
				Contribution from an Independent Contributor on behalf of the Borrower and/or
				the Authority, in connection with the Qualified Loan, and by providing written
				evidence that the Fees or Contributions have been deposited in a Loss Reserve
				Account held by either the Participating Financial Institution or the Program
				Trustee.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8073 - Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the Executive Director's acceptance of an application under Section
				8071, the Authority shall establish
				a Loss Reserve Account for that Participating Financial Institution for the
				following purposes:
(1) to receive all Fees
				deposited by the Participating Financial Institution, Borrowers and/or
				Independent Contributors;
(2) to
				receive Contributions deposited by the Authority and/or Independent
				Contributors; and
(3) to pay claims
				in accordance with Section
				8074.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8075 - Subrogation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority will be subrogated to the rights of the Participating Financial
				Institution in collateral, personal guarantees and all other forms of security
				for the Qualified Loan that have not been realized upon by the Participating
				Financial Institution, when the Participating Financial Institution's loss has
				been fully covered by payment of a loss claim, or by a combination of payment
				of a loss claim and recovery from the Borrower, liquidation of collateral, or
				from other sources.
(b) At the time
				of subrogating its rights, the Participating Financial Institution shall
				provide the Authority with all original security agreements, any documents
				evidencing title to real property, certificates of title, guarantees, and any
				other documents representing security for the Qualified Loan, duly recorded and
				perfected, and accompanied by enforceable assignments and conveyances to the
				Authority, unless such security documents also secure indebtedness to the
				Participating Financial Institution which was not covered by the Qualified
				Loan. In such latter case, the Participating Financial Institution shall enter
				into an intercreditor agreement with the Authority, providing that the
				Participating Financial Institution shall be entitled to recover under such
				security documents, to the extent possible, the full amount of its loss on any
				indebtedness not covered by the Qualified Loan but secured by the same
				collateral as the Qualified Loan; the balance of any amounts recovered under
				such security documents shall be deposited in the Loss Reserve Account. The
				Participating Financial Institution shall provide regular reports, as requested
				by the Executive Director, concerning its activities in collecting moneys owed
				from a defaulted Borrower.
(c) The
				Executive Director shall be authorized to enter into agreements with any
				Participating Financial Institution to provide for such institution to act as
				the Authority's agent to secure recovery under any collateral or security
				documents to which the Authority has been subrogated.
1. New section
				  filed 3-21-94 as an emergency; operative 3-21-94 (Register 94, No. 12). This
				  filing was deemed an emergency by Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 9-19-94 or the
				  emergency regulation will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 3-21-94 order including
				  amendment of subsection (b) and NOTE transmitted to OAL 9-16-94 and filed
				  10-31-94 (Register 94, No. 44).
Note: Authority cited: Sections
					 44520 and
					 44559.5(f),
					 Division 27, Health and Safety Code. Reference: Section
					 44559.2, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8076 - Termination and Withdrawal from Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Participating Financial Institution shall be authorized to withdraw from the
				Program after giving written notice to the Authority. Such notice shall specify
				either:
(1) that the Participating Financial
				Institution waives any further interest in the Loss Reserve Account (including
				for the reason that all Qualified Loans covered by the Loss Reserve Account
				have been repaid); or
(2) that the
				Participating Financial Institution will not enroll any further loans under the
				Program but that the Loss Reserve Account shall continue in existence to secure
				all Qualified Loans enrolled prior to such notice until such loans mature or
				are charged off.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8077 - Reports of Regulatory Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall be authorized to seek
				  information directly from any federal or state regulatory agency concerning any
				  Participating Financial Institution participating in the Program.
1. New section
				  filed 3-21-94 as an emergency; operative 3-21-94 (Register 94, No. 12). This
				  filing was deemed an emergency by Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 9-19-94 or the
				  emergency regulation will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 3-21-94 order including
				  amendment of NOTE transmitted to OAL 9-16-94 and filed 10-31-94 (Register 94,
				  No. 44).
Note: Authority cited: Sections
					 44520 and
					 44559.5(f),
					 Division 27, Health and Safety Code. Reference: Section
					 44559.2, Division 27, Health and
					 Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078 - Participation in the Program by Certain Public or Private Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority shall be authorized to permit any individual, company, corporation,
				institution, utility, government agency or other entity, including any
				consortium of these persons or entities, to become an Independent Contributor
				after such person or entity:
(1) submits to
				the Authority its Standards; provided that the Authority shall not enforce
				compliance by the Independent Contributor with its Standards;
(2) represents to the Authority that it will
				not enter into an exclusive arrangement with a particular Participating
				Financial Institution, but that it is prepared to work with any Participating
				Financial Institution under the Program;
(3) agrees to indemnify the Authority against
				any loss, liability or claim arising from the use of the Independent
				Contributor's funds in the Program;
(4) represents to the Authority that it
				understands and intends to abide by the provisions of the Law and this Article
				with regard to its participation in the Program;
(5) deposits with the Program Trustee an
				initial amount of at least $15,000 to be used to pay Fees payable by Borrowers
				and/or Contributions in connection with Qualified Loans, or receives a written
				waiver from the Executive Director of this requirement; and
(6) agrees to reimburse the Authority for any
				reasonable costs related to the Independent Contributor's participation in the
				program, unless waived by the Authority.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.1 - Federal Capital Access Program and Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where
				the Contribution comes from funds provided under the State Small Business
				Credit Initiative enacted pursuant to the American Rescue Plan Act (H.R. 1319,
				Public Law No. 117-2) the following shall apply, notwithstanding any other
				provision of this article, to the extent allowed by the American Rescue Plan
				Act (H.R. 1319, Public Law No. 117-2) (American Rescue Plan Act):
(b) "Participating Financial Institution"
				also includes all those listed in Health and Safety Code Section
				44559.1(d)
				and all certified community development financial institutions whether or not
				organized for profit.
(c) The
				Participating Financial Institution must obtain written assurance from the
				Borrower that:
(1) the loan will be used
				solely for a business purpose;
(2)
				the loan will not be used to repay delinquent federal or jurisdiction income
				taxes unless the borrower has a payment plan in place with the relevant taxing
				authority;
(3) the loan will not be
				used to repay taxes held in trust or escrow (e.g. payroll or sales
				tax);
(4) the loan will not be used
				to reimburse funds owed to any owner, including any equity investment or
				investment of capital for the business' continuance;
(5) the loan will not be used to purchase any
				portion of the ownership interest of any owner of the business;
(6) the loan will not be used for business
				purposes prohibited by the U.S. Treasury;
(7) the loan will not be used to finance
				ineligible businesses;
(8) no
				principal of the borrowing entity has been convicted of a sex offense against a
				minor (as such terms are defined in section
				111 of the Sex Offender
				Registration and Notification Act
				42 U.S.C. §
											16911); and
(9) the Borrower is not:
(A) an executive officer, director, or
				principal shareholder of the Participating Financial Institution;
(B) a member of the immediate family of an
				executive officer, director, or principal shareholder of the Participating
				Financial Institution; or
(C) a
				related interest or immediate family member of such executive officer,
				director, principal shareholder, or member of the immediate family of the
				Participating Financial Institution.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.2 - Federal Capital Access Program and Funding. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-7-2011 as an emergency; operative 3-7-2011 (Register 2011, No. 10). A
				  Certificate of Compliance must be transmitted to OAL by 9-6-2011 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Amendment of section and NOTE filed 5-31-2011 as an
				  emergency; operative 5-31-2011 (Register 2011, No. 22). A Certificate of
				  Compliance must be transmitted to OAL by 11-28-2011 or emergency language will
				  be repealed by operation of law on the following day.
3. Certificate
				  of Compliance as to 3-7-2011 and 5-31-2011 orders, including amendment of
				  subsections (c)(8), (e)(3)-(4) and (f)(2), transmitted to OAL 7-29-2011 and
				  filed 8-16-2011 (Register 2011, No. 33).
4. Amendment of subsections
				  (a), (g) and (h) and new subsections (i)-(k) filed 6-25-2012 as an emergency;
				  operative 6-25-2012 (Register 2012, No. 26). A Certificate of Compliance must
				  be transmitted to OAL by 12-24-2012 or emergency language will be repealed by
				  operation of law on the following day.
5. Certificate of Compliance
				  as to 6-25-2012 order, including amendment of subsection (g), repealer and new
				  subsection (i), repealer of subsection (j) and subsection relettering,
				  transmitted to OAL 12-20-2012 and filed 2-4-2013; amendments effective 2-4-2013
				  pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 6).
6. Repealer filed 8-7-2017 as an emergency;
				  operative 8-7-2017 pursuant to Health and Safety Code section
				  44520(b)
				  (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 2-5-2018 or emergency language will be repealed by operation of law on the
				  following day, pursuant to Health and Safety Code section
				  44520(b).
7.
				  Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
				  filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
					 44520
					 and
					 44559.5(f),
					 Health and Safety Code. Reference: Sections
					 44559.2,
					 44559.4
					 and
					 44559.11,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.3 - 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 Electric Vehicle Charging Station Financing
				  Program.
(a) "Borrower Rebate" means a
				payment made to a Borrower from the Participating Financial Institution's Loan
				Loss Reserve Account upon a valid claim made pursuant to Section
				8078.7.
(b) "CEC" and "Energy Commission" means the
				California Energy Commission.
(c)
				"Disadvantaged Communities" means the top twenty five (25) percent of
				communities that are disproportionately affected by environmental pollution and
				socioeconomic characteristics as described by CalEnviroScreen 2.0 Tool.
				[FN1]
(d) "Electric Vehicle
				Charging Station" or "EVCS" means an element in an infrastructure that supplies
				electric energy for the recharging of plug-in electric vehicles.
(e) "EVCS supply equipment" means equipment
				which meets the minimum technical requirements set by the Energy Commission as
				follows:
(1) Direct current fast chargers
				shall utilize:
(A) Either the CHAdeMO
				standard, or SAE combination standard, or a combination of both; and
(B) An open standard protocol for purposes of
				network interoperability.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.4 - Application by Financial Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial Institutions shall follow the procedures set forth
				  in Section 8071 in making application to
				  become Participating Financial Institutions in the Electric Vehicle Charging
				  Station Financing Program.
1. New section
				  filed 3-30-2015 as an emergency; operative 3-30-2015 (Register 2015, No. 14). A
				  Certificate of Compliance must be transmitted to OAL by 9-28-2015 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 3-30-2015 order transmitted
				  to OAL 9-21-2015 and filed 11-2-2015 (Register 2015, No. 45).
Note: Authority cited: Sections
					 44520,
					 44559.5(f)
					 and
					 44559.11(b),
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.6 - Loan Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the Executive Director's acceptance of an application by a Participating
				Financial Institution, CPCFA shall establish a Loan Loss Reserve Trust Account
				for that Participating Financial Institution for the following purposes:
(1) To receive all Contributions deposited
				from the EVCS Financing Program;
(2) To pay claims in accordance with the
				Claim for Reimbursement Section
				8074; and
(3) To pay Borrower Rebates in accordance
				with Section
				8078.7.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.7 - Borrower Rebate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Borrower shall be eligible for a Borrower Rebate of fifty (50) percent of the
				Contribution if the following conditions are met:
(1) The Borrower provides the Participating
				Financial Institution with a copy of an Electric Vehicle Charging Station
				Certificate of Commissioning relative to the EVCS financed;
(2) The Borrower has no more than one 30-day
				late payment on the Qualified Loan;
(3) The Qualified Loan has been paid off or
				forty-eight months have elapsed from the date of first disbursement of the
				Qualified Loan, whichever is sooner; and
(4) The Borrower certifies that any
				outstanding balance of the loan repaid at the time of application for the
				Borrower Rebate was not refinanced into another credit structure with any
				Participating Financial Institution.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.9 - Application by Financial Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial Institutions shall follow the procedures set forth
				  in Section 8071 in making application to
				  become Participating Financial Institutions in the Program.
1. New section
				  filed 8-29-2016 as an emergency; operative 8-29-2016 (Register 2016, No. 36).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 2-27-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 2-15-2017 as an emergency; operative
				  2-28-2017 (Register 2017, No. 7). A Certificate of Compliance must be
				  transmitted to OAL by 5-29-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 2-15-2017 order, including amendment of NOTE, transmitted to OAL
				  3-27-2017 and filed 5-8-2017; amendments operative 5-8-2017 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 19).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.13,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code; and 42 U.S.C. Section 12101.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.10 - Loan Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				terms and conditions of the Qualified Loans, including rates, fees and other
				conditions, shall be determined solely by agreement of the Participating
				Financial Institution and the Borrower.
(b) A Participating Financial Institution
				shall be authorized to enroll under the Program all or a part of any Qualified
				Loan:
(1) by notifying the Authority in
				writing, within 15 business days after the Qualified Loan is made, that it is
				enrolling a Qualified Loan. For purposes of this section, the date on which the
				Participating Financial Institution makes a Qualified Loan is the date on which
				the Participating Financial Institution first disburses proceeds of the
				Qualified Loan to the Borrower; and
(2) by transmitting to the Authority the Fees
				collected from the Participating Financial Institution and the Borrower in
				connection with the Qualified Loan, and by providing written evidence that the
				Fees have been deposited in a Loss Reserve Account held either by the
				Participating Financial Institution or the Program Trustee.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.11 - Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the Executive Director's acceptance of an application by a Participating
				Financial Institution, CPCFA shall establish a Loss Reserve Account for that
				Participating Financial Institution for this Program for the following
				purposes:
(1) To receive deposits from the
				Participating Financial Institution Contributions, the Borrower Contributions
				and the CalCAP/ADA Contributions; and
(2) To pay claims in accordance with Section
				8078.12.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.12 - Claim for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Participating Financial Institutions shall follow the
				  procedures set forth in Section
				  8074 in making claims for
				  reimbursement for loans enrolled in the California Americans with Disabilities
				  Act Small Business Capital Access Financing Program. Any references to Section
				  8072 shall be replaced with Section
				  8078.10.
1. New section
				  filed 8-29-2016 as an emergency; operative 8-29-2016 (Register 2016, No. 36).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 2-27-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 2-15-2017 as an emergency; operative
				  2-28-2017 (Register 2017, No. 7). A Certificate of Compliance must be
				  transmitted to OAL by 5-29-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 2-15-2017 order, including amendment of NOTE, transmitted to OAL
				  3-27-2017 and filed 5-8-2017; amendments operative 5-8-2017 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 19).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.13,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code; and 42 U.S.C. Section 12101.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.13 - Subrogation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for subrogation set forth in Section
				  8075 shall be followed for loans
				  enrolled in the California Americans with Disabilities Act Small Business
				  Capital Access Financing Program.
1. New section
				  filed 8-29-2016 as an emergency; operative 8-29-2016 (Register 2016, No. 36).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 2-27-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 2-15-2017 as an emergency; operative
				  2-28-2017 (Register 2017, No. 7). A Certificate of Compliance must be
				  transmitted to OAL by 5-29-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 2-15-2017 order, including amendment of NOTE, transmitted to OAL
				  3-27-2017 and filed 5-8-2017; amendments operative 5-8-2017 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 19).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.13,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code; and 42 U.S.C. Section 12101.
California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.14 - Termination and Withdrawal from Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures for termination and withdrawal from the
				  program set forth in Section
				  8076 shall be followed for loans
				  enrolled in the California Americans with Disabilities Act Small Business
				  Capital Access Financing Program.
1. New section
				  filed 8-29-2016 as an emergency; operative 8-29-2016 (Register 2016, No. 36).
				  This filing is deemed an emergency pursuant to Health and Safety Code section
				  44520(b).
				  A Certificate of Compliance must be transmitted to OAL by 2-27-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 2-15-2017 as an emergency; operative
				  2-28-2017 (Register 2017, No. 7). A Certificate of Compliance must be
				  transmitted to OAL by 5-29-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 2-15-2017 order, including amendment of NOTE, transmitted to OAL
				  3-27-2017 and filed 5-8-2017; amendments operative 5-8-2017 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 19).
Note: Authority cited: Sections
					 44520,
					 44559.5,
					 44559.11
					 and
					 44559.13,
					 Health and Safety Code. Reference: Section
					 44559.2,
					 Health and Safety Code; and 42 U.S.C. Section 12101.