reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.5 - Eligible Financial Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Disclosure. For
				all financial products, the Finance Provider Entity must disclose to the
				Eligible Commercial Financing Customer either:
(1) An annual percentage rate (APR)
				(inclusive of any fees) as well as any advance payments that the Eligible
				Commercial Financing Customer is required to pay; or
(2) The total cost of the Project for the
				Eligible Commercial Financing Customer comprised of monthly payments multiplied
				by the number of months in the agreement plus any fees [(monthly payments *
				number of months in the agreement) + fees]. Monthly payments must be inclusive
				of, but not limited to, equipment and installation repayment, and any charges
				for financing, services, maintenance, or oversight of equipment.
(3) For the purposes of this Section,
				Savings-Based Payment Agreements will satisfy the requirements set forth in
				Section 10092.5(a)(2) with
				the FPE's provision of a good-faith estimate of the total cost of the project,
				based on industry-accepted methods and assumptions used to estimate energy
				savings, due to the fact that monthly payments will be variable under these
				agreements.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.6 - Eligible Financing Customers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Eligible
				Commercial Financing Customer is accessing a Total Financed Amount of less than
				or equal to $10,000, the Finance Provider Entity performing the Underwriting
				role described in Section
				10092.2(b)(1) must
				conduct a credit check of the Eligible Commercial Financing Customer utilizing
				a standard industry credit scoring service. Alternatively, the FPE may use 12
				months of the Eligible Commercial Financing Customer's utility bill payment
				history from one of the IOUs to satisfy this requirement.
(b) If the Eligible Commercial Financing
				Customer is accessing a Total Financed Amount of greater than $10,000 and less
				than or equal to $350,000, the following requirements apply:
(1) The Finance Provider Entity performing
				the Underwriting role described in Section
				10092.2(b)(1) must
				conduct a credit check of the Eligible Commercial Financing Customer utilizing
				a standard industry credit scoring service. Alternatively, the FPE may use 12
				months of the Eligible Commercial Financing Customer's utility bill payment
				history from one of the IOUs to satisfy this requirement.
(2) The Eligible Commercial Financing
				Customer must not have filed for bankruptcy within the last five years or have
				any outstanding judgments or liens.
(3) Eligible Commercial Financing Customer
				must meet any of the following criteria:
(A)
				The Eligible Commercial Financing Customer shows a positive operating profit
				utilizing either EBIT or EBITDA, or positive taxable income for the last two
				years;
(B) The Eligible Commercial
				Financing Customer has been in business at least five years; or
(C) The Eligible Commercial Financing
				Customer provides a personal guarantee.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.7 - Project Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General
				Eligibility. Any Project receiving financing through the terms of the Program
				must comply with the following eligibility requirements:
(1) Each Participating Contractor must be
				enrolled in the Program prior to that Participating Contractor's Scope of Work
				Completion Date;
(2) The Eligible
				Commercial Financing Customer must be provided with a Bill Impact Estimate
				(BIE) by the Participating Contractor, Participating Project Developer, or the
				Primary Finance Provider Entity;
(3) The Project must have at least one EEM
				meeting the requirements described in Section
				10092.7(b);
(4) The cost for non-lighting measures
				installed utilizing the EEM List Method, described in Section
				10092.7(b)(1),
				must not exceed $350,000;
(5) Each
				Participating Contractor must have the proper license(s) relevant to perform
				its Scope of Work;
(6) The Project
				must comply with all applicable local, state, and federal laws, rules,
				regulations, and ordinances, including, but not limited to, Title 24 of the
				California Code of Regulations;
(7)
				All permits and approvals required to install each Scope of Work must have been
				approved or must be in the process of being approved; and
(8) Any Participating Contractor or
				Participating Project Developer must not be an employee of the Eligible
				Financing Customer.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.8 - Financing Submittal and Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Timing of
				Submittal and Enrollment
(1) Once all Scopes
				of Work are completed and certified by all Participating Contractors, and, if
				applicable, the Participating Project Developer, and the FPE has closed the
				agreement with the Eligible Commercial Financing Customer, a complete financing
				submittal may be submitted to the Authority for enrollment as described in
				Section 10092.8(b).
(2) The Eligible Financing Agreement must be
				submitted within 90 calendar days of the last Scope of Work Completion Date on
				the Project.
(3) Within 10 business
				days of receipt of a complete set of data elements, documentation, and
				certifications as described in Section
				10092.8(b), for an
				Eligible Financing Agreement, the Authority will enroll or deny the Eligible
				Financing Agreement in the Program and communicate this decision to the Finance
				Provider Entity.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.9 - Credit Enhancement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Establishment
				of Accounts. Upon the Authority's acceptance of an application from a Finance
				Provider Applicant to be a Finance Provider Entity, the Authority shall
				instruct the Trustee to establish a Loss Reserve Account(s) for the Finance
				Provider Entity. The Loss Reserve Account(s) will be held by the Trustee and
				will be used to:
(1) Receive and hold Loss
				Reserve Contributions deposited by the Authority for the benefit of a Finance
				Provider Entity; and
(2) Pay claims
				pursuant to Section
				10092.10.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.10 - Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An FPE may
				submit a claim for an Enrolled Financing Agreement when all of the following
				conditions are met:
(1) The claim is submitted
				within 15 years from the Enrollment Date, unless the project includes the
				"Solar Photovoltaic with Battery Storage" EEM as described in Section
				10092.14, in which case the claim
				is submitted within 20 years from the Enrollment Date;
(2) The Eligible Commercial Financing
				Customer has defaulted on the Enrolled Financing Agreement and the FPE has
				charged off some or all of the outstanding Claim-Eligible Financed
				Amount;
(3) The FPE has taken
				reasonable steps in accordance with industry standards to seek recoveries
				through the liquidation of collateral and any personal guarantees, if
				applicable; and
(4) The FPE is in
				compliance with Program regulations, including, but not limited to, the
				reporting requirements in Section
				10092.12.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.12 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Finance Provider Entity must report to the Authority, on a monthly basis, on
				the status of each Enrolled Financing Agreement as well as on financing
				applications and decisions for the Program. The report is due to the Authority
				on the 5th day of the month, except the report will be due on the 6th day of
				the month if a bank holiday falls in the first week of the month.
(b) The report must include the following
				data points in a format approved by the Authority for Enrolled Financing
				Agreements:
(1) Financing ID;
(2) Whether the financing agreement is
				current, 30 days, 60 days, or 90 days past due, fully satisfied, or charged
				off;
(3) The current outstanding
				financed amount;
(4) Whether the
				financing agreement was sold, transferred, or assigned to a third party and the
				date of that sale, transfer, or assignment; and
(5) If the financing agreement was sold,
				transferred, or assigned, the name of the purchaser, transferee, or assignee
				and whether the transaction was in whole or in part.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.13 - Energy Financing Privacy Rights Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An authorized
				representative of the Eligible Commercial Financing Customer will be required
				to affirm that it has read and acknowledges all of the following subsections
				(b)-(g) in a format specified by the Authority:
(b) As a result of your participation in an
				energy financing program, as approved by the California Public Utilities
				Commission (CPUC) and administered by the California Alternative Energy and
				Advanced Transportation Financing Authority (CAEATFA), CAEATFA may come into
				possession of some or all of the following information:
(1) Information disclosing the fact that you
				are a customer of the finance company.
(2) Your financing agreement or the account
				number associated with your financing agreement.
(3) Your name, address, social security
				number, and contact information.
(4) Your financial status and underwriting
				criteria, including, but not limited to, credit scores.
(5) The amount of and terms for repayment of
				your financing agreement.
(6)
				Information regarding your financing agreement payment history.
(7) The equipment or improvements funded with
				the proceeds of your financing agreement.
(8) Utility rebate and/or incentive data,
				including, but not limited to, rebate or incentive amount, program project name
				and identifier, and approval date.
(9) The account and service agreement number
				on your utility bill, monthly energy use, and utility account payment
				history.
(10) Energy impact data
				from your project.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.15 - On-Bill Repayment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) OBR
				Requirements. In addition to all of the requirements in this Article, the
				following additional requirements apply for an Enrolled Financing Agreement to
				be eligible to be repaid through OBR:
(1) If
				an OBR Customer receives fuel delivery from more than one IOU, charges will be
				placed on the bill of the IOU whose fuel is related to the EEM(s) with the
				greatest installed costs.
(2) IOU
				Account and Bill Requirements. The IOU account through which an Enrolled
				Financing Agreement is repaid must meet all of the following requirements:
(A) The IOU account must not be past
				due;
(B) The IOU account must not
				be in a payment arrangement for past due payments;
(C) The IOU account must be for a
				non-residential IOU customer or a residential multifamily IOU
				customer;
(D) The IOU account must
				be billed monthly; and
(E) The IOU
				account, if the Project includes installations at more than one service
				address, must receive a single bill for service to all the addresses.
(3) Enrolled Financing Agreement
				Requirements. An Enrolled Financing Agreement must meet all of the following
				requirements:
(A) The individual or entity
				named on the IOU bill on which the OBR Total Charge will appear must also be
				named on the financing agreement that is to be repaid through OBR.
(B) The Total Financed Amount of the Enrolled
				Financing Agreement must only be comprised of the Claim-Eligible Financed
				Amount and any of the following costs, if applicable:
(i) The costs of any additional EEMs in
				excess of those included in the Claim-Eligible Financed Amount.
(ii) The costs of any Distributed
				Generation.
(4) Customer Authorization. The individual or
				entity named on the utility bill on which the OBR Total Charge will appear, or
				their authorized representative or agent, must complete an Authorization to Add
				Charges to the Utility Bill, in a form developed by the appropriate
				IOU.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.16 - Conditional Eligibility Expansion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If additional
				funding becomes available from a non-IOU Energy Efficiency ratepayer source,
				the Authority shall do all of the following:
(1) Maintain an interested parties list which
				will be open to the public. The Authority will publish information on its
				website as to how to submit contact information to join the interested parties
				list.
(2) Expand the types of
				equipment and related costs that may be applied toward the minimum required 70%
				of the Claim-Eligible Financed Amount defined in Section
				10092.1(h) by
				expanding the Eligible Energy Measure fuel source eligibility as described in
				Section 10092.1(r).
				Expansion shall be based solely on criteria required by the source of funds.
				Loss Reserve Contributions will be made on a first come, first served basis.
				The source of funds may originate from any of the following:
(A) Federal department or agency.
(B) State department or agency.
(C) Local government, special district, or
				regional government.
(D) Nonprofit
				organization.
(3)
				Publish the criteria required by the source of funds on its website and notice
				the interested parties list within ten (10) business days of funding being
				available.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.17 - Interest Rate Buy-Down Disbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Authority
				may from time to time have access to funding for Interest Rate Buy-Down (IRBD)
				campaigns. The IRBD amount shall be calculated against the Claim-Eligible
				Financed Amount.
(b) When the
				Authority gains access to IRBD funds, the Authority shall do all of the
				following:
(1) Develop an IRBD term sheet
				describing the IRBD campaign, including the following information:
(A) The total amount of IRBD funding
				available.
(B) The target interest
				rate or amount of rate reduction.
(C) If applicable, the maximum amount of IRBD
				funds available per Eligible Financing Agreement.
(D) An indication of what Eligible Energy
				Measures, Eligible Commercial Financing Customers, Eligible Properties, or
				other eligibility criteria may qualify an Eligible Financing Agreement for
				IRBD.
(E) Terms for and the process
				by which Finance Provider Entities may apply to participate in the IRBD
				campaign, and how the IRBD shall be calculated and disbursed.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Ancillary Elements": Project components that fall outside a Scope of Work.
				These components may include:
(1) Distributed
				Generation; and/or
(2) Capitalized
				Interest.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.3 - Additional Requirements for Entities that Are Not Financial Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements set forth in Section
				  10093.2(c), to be
				  approved as a Finance or Service Entity, Finance or Service Entity Applicants
				  who are not Financial Institutions as defined in the regulations in this
				  Article must meet the requirements described in this Section in a format to be
				  specified by the Authority. All representations, warranties, and covenants in
				  this Section must be signed by a person authorized to legally bind the Finance
				  or Service Entity Applicant and must be true and correct to the best of the
				  signatory's knowledge.
(a) Net Worth:
				The Finance or Service Entity Applicant must demonstrate to the Authority that
				it has a net worth of no less than $1 million.
(b) Quality Control: The Finance or Service
				Entity Applicant must demonstrate to the Authority that it maintains quality
				control and management systems to evaluate and monitor the overall quality of
				its financing-related activities, including, where applicable, underwriting
				reviews, and consumer complaint resolution processes.
(c) Underwriting Qualifications: If the
				Finance or Service Entity Applicant will perform the Underwriting role for the
				Program, it must provide the following to the Authority:
(1) Demonstrated experience, in writing, with
				underwriting commercial financing;
(2) Demonstrated experience, in writing, with
				equipment financing and the coordination of such financing with contractors and
				customers;
(3) Written description
				of its underwriting process; and
(4) Demonstrated qualifications, in writing,
				of the Finance or Service Entity Applicant and key positions and associated job
				duties with regard to underwriting.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.5 - Project Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General
				Eligibility. Any Project receiving financing through the terms of the Program
				must comply with the following eligibility requirements:
(1) The Eligible Affordable Multifamily
				Customer must be provided with a Bill Impact Estimate (BIE).
(2) The Project must have at least one ESM
				meeting the requirements described in Section
				10093.5(b).
(3) All Project components must be installed
				by contractors with an active CSLB license that is relevant to the work
				performed unless the components meet the requirements for self-installation as
				described in Section
				10093.5(c).
(4) The Project must comply with all
				applicable local, state, and federal laws, rules, regulations, and ordinances,
				including, but not limited to, Title 24 of the California Code of
				Regulations.
(5) All permits
				required to complete each Scope of Work must be approved by the relevant
				permitting agency.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.6 - Agreement Submittal and Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Timing
				of Submittal and Enrollment
(1) Once all
				permits required to complete each Scope of Work have been approved by the
				relevant permitting agency, all Scopes of Work are completed, and the Finance
				or Service Entity has closed the agreement with the Eligible Affordable
				Multifamily Customer, a complete financing or service submittal may be
				submitted for enrollment as described in Section
				10093.6(b), to the
				Authority.
(2) The Eligible
				Efficiency Agreement must be submitted within 180 calendar days after the last
				Scope of Work Completion Date on the Project.
(3) Within 10 business days of receipt of a
				complete set of data elements, documentation, and certifications as described
				in Section 10093.6(b), for an
				Eligible Efficiency Agreement, the Authority will enroll or deny the Eligible
				Efficiency Agreement in the Program and communicate this information to the
				Finance or Service Entity.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.7 - Credit Enhancement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Establishment of Accounts. Upon the Authority's acceptance of an application
				from a Finance or Service Entity Applicant to be a Finance or Service Entity,
				the Authority shall instruct the Trustee to establish a Loss Reserve Account(s)
				for the Finance or Service Entity. The Loss Reserve Account(s) will be held by
				the Trustee and will be used to:
(1) Receive
				and hold Loss Reserve Contributions deposited by the Authority for the benefit
				of a Finance or Service Entity; and
(2) Pay claims in accordance with Section
				10093.8.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.8 - Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Finance or Service Entity may submit a claim for an Enrolled Efficiency
				Agreement when all of the following conditions are met:
(1) The claim is submitted within 10 years
				from the Enrollment Date;
(2) The
				Eligible Affordable Multifamily Customer has defaulted on the Enrolled
				Efficiency Agreement and the Finance or Service Entity has charged off some or
				all of the outstanding Claim-Eligible Financed Amount;
(3) The Finance or Service Entity has taken
				reasonable steps in accordance with industry standards to seek recoveries
				through liquidation of collateral and any personal guarantees, if applicable;
				and
(4) The Finance or Service
				Entity is in compliance with Program regulations including, but not limited to,
				the reporting requirements in Section
				10093.10.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.10 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Finance or Service Entity must report to the Authority, on a monthly basis, on
				the status of each Enrolled Efficiency Agreement as well as on financing
				applications and decisions for the Program. The report is due to the Authority
				on or before the fifth business day of the month, except the report will be due
				on the sixth business day of the month if a bank holiday occurs in the first
				week of the month.
(b) The report
				must include the following data points in a format approved by the Authority
				for Enrolled Efficiency Agreements:
(1)
				Whether it is current, 30 days, 60 days, or 90 days past due, fully satisfied,
				or charged off.
(2) Any changes to
				the maturity date or contractual end date, payment amount, and/or interest
				rate.
(3) The current outstanding
				financed amount.
(4) Whether it was
				sold, transferred, or assigned to a third party and the date of such sale,
				transfer, or assignment.
(5) If it
				was sold, transferred, or assigned, the name of the purchaser, transferee, or
				assignee and whether the transaction was in whole or in part.
(6) Date(s) and amount(s) of any
				charge-off(s) and whether enforcement proceedings have begun.
(7) Any anticipated losses and whether
				acceleration notices have been sent.
(8) Amount of any recoveries or proceeds from
				charged-off financings.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.11 - California Hub for Energy Efficiency Financing Privacy Rights Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Eligible Affordable Multifamily Customer authorizes the
				  IOU(s), California Public Utilities Commission (CPUC), Program Partners, and
				  the Finance or Service Entity to share information with the Authority, as
				  required by the regulations within this Article, including contact information,
				  data on work performed and improvements installed on the Project, any and all
				  IOU, REN, CCA rebate data, information regarding the Eligible Efficiency
				  Agreement, and other information relating to or arising from participation in
				  the Program. An authorized representative of the Eligible Affordable
				  Multifamily Customer will be required to affirm that it has read and
				  acknowledges the following privacy rights disclosure in a format to be
				  specified by the Authority:
(a) As a
				result of your participation in an energy efficiency financing program as
				administered by the California Alternative Energy and Advanced Transportation
				Financing Authority (CAEATFA), CAEATFA may come into possession of some or all
				of the following information:
(1) Information
				disclosing the fact that you are a customer of the finance company.
(2) Your financing or service agreement or
				the account number associated with your financing or service
				agreement.
(3) Your name, address,
				and contact information.
(4) Your
				financial status and underwriting criteria.
(5) The amount of and terms for repayment of
				your financing or service agreement.
(6) Information regarding your financing or
				service agreement payment history.
(7) The equipment or improvements funded with
				the proceeds of your financing or service agreement.
(8) Utility rebate and/or incentive data
				including, but not limited to, rebate or incentive amount, program project name
				and identifier, and approval date.
(9) The account and service agreement number
				on your utility bill, monthly energy use, and utility account payment
				history.
(10) Energy savings data
				from your project.
California Code of Regulations › Title 4 - Business Regulations › Division 14 - California Student Loan Authority › Section 10101 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority shall charge fees for its reasonable and
				necessary administrative program expenses.
The following fees shall be applicable:
(a) Commitment Fee. The Authority shall
			 require a non-refundable commitment fee of .0005 (one-twentieth of one percent)
			 of the principal amount of financing requested (but not less than $250.00 or
			 more than $5,000.00). This commitment fee shall be paid at the time the formal
			 request is submitted.
(b) General
			 Fees. The Authority shall charge an administrative fee equal to one-half of one
			 percent ( ½ of 1%) of the amount of financing authorized. Such
			 administrative fee shall be payable at the closing of the financing. The
			 commitment fee shall be credited against the administrative fee. In addition,
			 the Authority shall charge any reasonable and necessary out-of-pocket expenses
			 which the Authority may incur and all other direct or indirect expenses of the
			 Authority properly allocable to the proposed financing. All such fees shall be
			 paid by the applicant unless paid out of the proceeds of the bond issue. Such
			 fees shall be deposited in the Authority Fund.
1. New Chapter
				14 (Section
				10101) filed 5-20-82 as procedural
				and organizational; effective thirtieth day thereafter (Register 82, No.
				21).
Note: Authority cited: Section
				  69920,
				  Education Code. Reference: Section
				  69920,
				  Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10151

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements that portion of the Charter School
				  Facilities Program established pursuant to Article 12 of Chapter 12.5 of Part
				  10 of the Education Code and which is the responsibility of the California
				  School Finance Authority.
1. New
				  division 15 (article 1), article 1 (sections
				  10151-10162 and Appendix) and
				  section filed 2-13-2003 as an emergency; operative 2-13-2003 (Register 2003,
				  No. 7). A Certificate of Compliance must be transmitted to OAL by 6-13-2003 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-13-2003 order transmitted
				  to OAL 6-12-2003 and filed 7-14-2003 (Register 2003, No. 29).
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10154 - Financial Soundness Review and Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Financially Sound Charter School shall have been a financially capable concern
				for at least 24 months prior to submission of the Application. In addition, a
				Financially Sound Charter School shall have at least two academic years of
				instructional operations of a Charter School prior to submission of the
				Application.
(b) Where the
				Application is for new construction or rehabilitation for a Charter School with
				less than two years of instructional experience, the organization that is
				applying on behalf of the school shall demonstrate it has an approved charter
				or charter amendment for the new Charter School at the time of submission and
				that it has operated or managed another Charter School or Charter Schools for
				at least two full academic years of instructional operations of a Charter
				School prior to submission of the Application. In addition, if the Application
				is for a new school, and the organization applying on behalf of the Charter
				School does not have experience operating other Charter Schools in California
				for at least two academic years, the Applicant may satisfy the requirements of
				this section by providing evidence of its educational plan, financial
				resources, facilities expertise, and management expertise. Management expertise
				must be established by demonstrating, to the Authority's satisfaction, that key
				personnel (e.g., Chief Executive Officer, President, Operations Manager, Chief
				Financial Officer, Principal, etc.) involved in operating the Applicant charter
				school have at least two academic years of experience in management positions
				at other charter schools in California. To establish the required level of
				management experience, the Applicant must provide:
(1) Name(s) and address(es) of the charter
				schools in California where experience was earned;
(2) Titles, responsibilities and duties of
				the key personnel at the charter school(s);
(3) Length of tenure of the key personnel at
				the Charter School(s);
(4) Name(s),
				address(es), phone number(s) and other contact information of the key
				personnel's immediate supervisor(s) and the President(s) of the Charter
				School(s)' governing board;
(5)
				Student performance data for the Charter School(s) covering the period of
				service; and
(6) Available
				information regarding performance of the key personnel at the Charter School(s)
				where the experience was earned.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10155 - Content of Application for Preliminary, Advance, and Final Apportionment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Preliminary Apportionment--In determining whether a Charter School is
				Financially Sound for the purposes of the Board's Preliminary Apportionment,
				the Authority shall require the following information be provided by the
				applicant with its application (Form CSFA 03-01, revised 3/04) for Preliminary
				Apportionment:
(1) Organizational
				information.
(A) History of Charter School
				and founding group
1. Date Charter School
				commenced instructional operations;
2. Description of Charter School curriculum,
				including specific focus or theme;
3. Analysis of competition and Charter
				School's competitive advantage(s), including method of student recruitment and
				marketing;
4. Description of
				relationships with the Chartering Authority and all major funding sources, both
				public and private;
5. Copy of
				articles of incorporation and corporate bylaws (or documentation of Charter
				School's current legal status in the event the Charter School is not
				incorporated); and
6. Copy of
				charter agreement/approved charter amendment/contract.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10158 - Reporting and Default Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Reporting provisions within the Memorandum of Understanding and/or Funding
				Agreement will include, but not be limited to, the requirements that all
				recipients of Program funding shall:
(1)
				Provide to the Authority semi-annual unaudited financial statements;
(2) Provide to the Authority quarterly
				reports detailing all disbursements and interest earned as it relates to the
				separate Program account established pursuant to Section
				10159(g), upon
				request;
(3) Report to the
				Authority any material adverse change in its financial condition that could
				adversely affect its ability to make its Matching Share Payments under the
				Program within 30 days of such a change;
(4) Report to the Authority if the Charter
				School's charter has been revoked or has not been renewed within 30 days of
				notification of such action, including providing the Authority with a copy of
				the document provided by the Chartering Authority notifying the Charter School
				of such action;
(5) Provide to the
				Authority audited financial statements within 180 days of the end of each
				fiscal year; and
(6) Obtain from
				the Authority prior written consent before incurring any additional
				indebtedness, which consent may only be given if the Authority has determined
				that the Charter School will remain Financially Sound with the additional
				indebtedness.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10163 - Integrating Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The authority shall consider any requests made by the board
				  or an applicant to utilize the funding mechanisms provided for in Education
				  Code section
				  17180(i)
				  to enhance financing provided pursuant to this Program.
1. Renumbering
				  of former section
				  10161 to section
				  10163 filed 3-29-2004 as an
				  emergency pursuant to Education Code section
				  17078.57(b);
				  operative 3-29-2004 (Register 2004, No. 14). A Certificate of Compliance must
				  be transmitted to OAL by 7-27-2004 or emergency language will be repealed by
				  operation of law on the following day.
2. Renumbering of former
				  section 10161 to section
				  10163 refiled 7-19-2004 as an
				  emergency pursuant to Education Code section
				  17078.57(b);
				  operative 7-27-2004 (Register 2004, No. 30). A Certificate of Compliance must
				  be transmitted to OAL by 11-24-2004 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 7-19-2004 order transmitted to OAL 11-8-2004 filed 12-23-2004 (Register
				  2004, No. 52).
Note: Authority cited: Section
					 17078.57,
					 Education Code. Reference: Section
					 17078.57,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10164 - Advance Apportionment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-29-2004 as an emergency pursuant to Education Code section
				  17078.57(b);
				  operative 3-29-2004 (Register 2004, No. 14). A Certificate of Compliance must
				  be transmitted to OAL by 7-27-2004 or emergency language will be repealed by
				  operation of law on the following day.
2. New section refiled
				  7-19-2004 as an emergency pursuant to Education Code section
				  17078.57(b);
				  operative 7-27-2004 (Register 2004, No. 30). A Certificate of Compliance must
				  be transmitted to OAL by 11-24-2004 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 7-19-2004 order transmitted to OAL 11-8-2004 filed 12-23-2004 (Register
				  2004, No. 52).
4. Amendment of subsection (b) and new subsections
				  (c)-(d) filed 9-9-2010 as an emergency; operative 9-9-2010 (Register 2010, No.
				  37). A Certificate of Compliance must be transmitted to OAL by 3-8-2011 or
				  emergency language will be repealed by operation of law on the following
				  day.
5. Certificate of Compliance as to 9-9-2010 order transmitted
				  to OAL 1-19-2011 and filed 2-16-2011 (Register 2011, No. 7).
6.
				  Repealer filed 11-3-2011 as an emergency; operative 11-3-2011 (Register 2011,
				  No. 44). A Certificate of Compliance must be transmitted to OAL by 5-1-2012 or
				  emergency language will be repealed by operation of law on the following
				  day.
7. Certificate of Compliance as to 11-3-2011 order transmitted
				  to OAL 2-7-2012 and filed 3-5-2012 (Register 2012, No. 10).
Note: Authority cited: Section
					 17078.57,
					 Education Code. Reference: Sections
					 17078.53
					 and
					 17078.57,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's administration of the Charter School Facility Grant Program
				  (Education Code section
				  47614.5)
				  which provides financial assistance for charter school facilities.
1. New article
				  1.5 (sections
				  10170.1-10170.15) and section filed
				  8-16-2013 as an emergency; operative 8-16-2013 (Register 2013, No. 33). A
				  Certificate of Compliance must be transmitted to OAL by 2-12-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New article 1.5 (sections
				  10170.1-10170.15) and section
				  refiled 1-21-2014 as an emergency; operative 1-21-2014 (Register 2014, No. 4).
				  A Certificate of Compliance must be transmitted to OAL by 4-21-2014 or
				  emergency language will be repealed by operation of law on the following
				  day.
3. New article 1.5 (sections
				  10170.1-10170.15) and section
				  refiled 3-24-2014 as an emergency; operative 4-21-2014 (Register 2014, No. 13).
				  A Certificate of Compliance must be transmitted to OAL by 7-21-2014 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 3-24-2014 order transmitted
				  to OAL 6-25-2014 and filed 8-6-2014 (Register 2014, No. 32).
Note: Authority cited: Section
					 47614.5,
					 Education Code. Reference: Section
					 47614.5,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.3 - Eligible Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Applicant shall be eligible to apply for a grant if all
				  of the following conditions are met:
(a) The Application is submitted by or on
				behalf of a Charter School.
(b) An
				approved charter has been awarded, is in place, and is current at the time of
				Application.
(c) In the case of a
				First Year Charter School, a charter petition has been submitted for approval
				to the Chartering Authority and evidence, such as a copy of the charter
				petition, is submitted that the school anticipates beginning operations in the
				Fiscal Year for which an Application is submitted.
(d) The Charter School meets one of the
				following criteria:
(1) Fifty-five percent
				(55%) or more of the student enrollment at the Charter School site is eligible
				for prior year FRPM; or
(2) The
				Charter School site for which grant funds are requested is physically located
				in the attendance area of a public elementary school in which fifty-five
				percent (55%) or more of the pupil enrollment is eligible for prior year FRPM
				and the school site gives a preference in admissions to pupils who are
				currently enrolled in that public elementary school and to pupils who reside in
				the elementary school attendance area where the Charter School site is located,
				as determined by the local school district.
(3) First Year Charter Schools not
				operational in the prior year shall be eligible in the current year if the
				school meets the FRPM Eligibility requirements based on current year
				data.
(4) In all subsequent funding
				rounds, all schools shall adhere to Application dates outlined in Section
				10170.5.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.4 - Eligible Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant
				funds may be applied toward a Charter School's facilities costs for all of the
				following:
(1) Costs associated with facility
				rents or leases as evidenced by an executed rental or lease agreement and
				beginning with the 2017-18 funding round, shall be subject to one of the
				following conditions:
(A) Reimbursable
				facility rent or lease costs do not exceed prior year's reimbursable costs on
				file with the Authority, subject to an adjustment of the annual COLA Index
				(COLA Cap); or
(B) The rent or
				lease costs of New Facility Agreements are at or below Fair Market Rent based
				on an Independent Appraisal as described in Section
				10170.6(d) and
				paid for by the Applicant.
(i) If the
				Independent Appraisal finds the rent and lease costs above the Fair Market
				Rent, the costs will be based on Fair Market Rent as determined by the
				Independent Appraisal.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.5 - Application Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application for grant funds shall be made on an online form (CSFA Form 740-01)
				prescribed by the Authority, and will be available as described below. The
				Authority will accept Applications during the Application periods described.
				Applications may not be submitted by email or facsimile.
(1) The Initial Application period for each
				grant year shall be made available by the Authority in the month of April.
				Application deadlines shall be 5:00 p.m. on the date five weeks from the date
				the Application is made available by the Authority. The Authority shall make
				Application materials available on the Authority's website and notify the
				public of the Application release date.
(2) The Second Application period for each
				grant year shall be made available by the Authority on September 10 of each
				Fiscal Year. The Application deadline shall be 5:00 p.m. on October 15 of each
				Fiscal Year. The Authority shall make Application materials available on the
				Authority's website and notify the public of the Application release date.
				Under the following circumstances, an Application may be submitted during the
				Second Application Period;
(A) A Charter
				School relocates from a facility that was ineligible for a grant award to a
				facility that is eligible, and the Application includes a description of the
				change in facility circumstances; or
(B) A First Year Charter
				School.
(3) Late
				Applications and late Facility Invoice Expenditure Reports are ineligible for
				Program funds and are not eligible for the appeal process described in Section
				10170.10.