California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 1 - Federal and State Low-Income Housing Tax Credit › Section 10300 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations establish procedures for the reservation,
				  allocation and compliance monitoring of the Federal and State Low-Income
				  Housing Tax Credit Programs ("Housing Tax Credit Programs", "Programs", or
				  individually, "Federal Program" or "State Program") and establish policies and
				  procedures for use of the Tax Credits to meet the purposes contained in Section
				  252 of Public Law No. 99-514
				  (October 22, 1986), known as the Federal Tax Reform Act of 1986, as amended,
				  and Chapter 658, California Statutes of 1987, as amended, and Chapter 1138,
				  California Statutes of 1987, as amended.
Internal Revenue Code ("IRC") Section
				  42 provides for state
				  administration of the Federal Program. California Health and Safety (H & S)
				  Code Sections
				  50199.4 through
				  50199.22, and California Revenue
				  and Taxation (R & T) Code Sections
				  12205,
				  12206,
				  17057.5,
				  17058,
				  23610.4 and
				  23610.5 establish the California
				  State Program and designate the California Tax Credit Allocation Committee
				  ("CTCAC") as the Housing Credit Agency to administer both the Federal and State
				  Housing Tax Credit programs in California. These regulations set forth the
				  policies and procedures governing the Committee's management of the Programs.
				  In addition to these regulations, program participants shall comply with the
				  rules applicable to the Federal Program as set forth in Section
				  42 and other applicable sections of
				  the Internal Revenue Code. In the event that Congress, the California
				  Legislature, or the IRS add or change any statutory or regulatory requirements
				  concerning the use or management of the Programs, participants shall comply
				  with such requirements.
1. Repealer
				  and new section filed 7-30-90 as an emergency; operative 7-17-90 (Register 90,
				  No. 41). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or
				  emergency language will be repealed by operation of law on the following day.
				  This action is not subject to review by OAL (Health and Safety Code section
				  50199.17).
				  For prior history, see Register 89, No. 2.
2. Readoption as an
				  emergency of action originally filed as emergency on 7-30-90 filed 11-26-90;
				  operative 11-13-90 (Register 91, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 3-26-91 or emergency language will be repealed by
				  operation of law on the following day.
3. Readoption and amendment
				  of emergency action filed 11-26-90, filed 1-4-91 as an emergency; operative
				  12-18-90 pursuant to Health and Safety Code section
				  50199.17
				  (Register 91, No. 8). The regulation will be repealed by operation of law on
				  4-17-91 unless, before that date, the committee has completed the adoption
				  process pursuant to Health and Safety Code section
				  50199.17(b).
4.
				  Readoption of emergency actions filed 11-26-90 and 1-4-91 as an emergency filed
				  4-19-91 as an emergency; operative 3-28-91 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 91, No. 21). A Certificate of Compliance must be transmitted to OAL
				  on 7-26-91 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 3-28-91 order
				  transmitted to OAL 7-16-91 and filed 8-15-91 pursuant to Health and Safety Code
				  section
				  50199.17(b)
				  (Register 91, No. 48).
6. Amendment of subsections (a), (n), and (p)
				  and new subsections (j), (m) and (r) and subsection renumbering filed 3-16-92
				  as an emergency; operative 1-16-92 (Register 92, No. 25). A Certificate of
				  Compliance must be transmitted to OAL 7-14-92 or emergency language will be
				  repealed by operation of law on the following day.
7. Repealer and
				  new section filed 7-1-92 as an emergency; operative 5-15-92 (Register 92, No.
				  28). A Certificate of Compliance must be transmitted to OAL by 11-2-92 or
				  emergency language will be repealed by operation of law on the following
				  day.
8. Repealer and new section refiled 11-9-92 as an emergency;
				  operative 8-31-92 (Register 92, No. 46). A Certificate of Compliance must be
				  transmitted to OAL 3-9-93 or emergency language will be repealed by operation
				  of law on the following day.
9. Repealer and new section refiled
				  1-28-93 as an emergency; operative 12-29-92 (Register 93, No. 5). A Certificate
				  of Compliance must be transmitted to OAL 5-28-93 or emergency language will be
				  repealed by operation of law on the following day.
10. Repealer and
				  new section refiled 6-15-93 as an emergency, including amendment of subsection
				  (g); operative 4-2-93 pursuant to Health and Safety Code section
				  50199.17
				  (Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL
				  by 7-31-93 or emergency language will be repealed by operation of law on the
				  following day.
11. Repealer and new section refiled 10-6-93 as an
				  emergency; operative 7-21-93 pursuant to Health and Safety Code section
				  50199.17
				  (Register 93, No. 41). A Certificate of Compliance must be transmitted to OAL
				  by 11-18-93 or emergency language will be repealed by operation of law on the
				  following day.
12. Editorial correction of HISTORY 10 (Register 93,
				  No. 41).
13. Repealer and new section refiled 12-20-93 as an
				  emergency; operative 11-18-93 pursuant to Health and Safety Code section
				  50199.17
				  (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL
				  by 3-18-94 or emergency language will be repealed by operation of law on the
				  following day.
14. Repealer and new section refiled with amendments
				  5-3-94 as an emergency; operative 1-25-94 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 94, No. 18). A Certificate of Compliance must be transmitted to OAL
				  by 5-25-94 or emergency language will be repealed by operation of law on the
				  following day.
15. Repealer and new section refiled 6-29-94 as an
				  emergency; operative 5-28-94 pursuant to Health and Safety Code section
				  50199.17
				  (Register 94, No. 26).
16. Repealer and new section refiled 10-24-94
				  as an emergency; operative 9-22-94 pursuant to Health and Safety Code section
				  50199.17
				  (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL
				  by 1-20-95 or emergency language will be repealed by operation of law on the
				  following day.
17. Repealer and new section refiled 1-17-95 as an
				  emergency, including amendment of NOTE; operative 1-20-95 pursuant to Health
				  and Safety Code section
				  50199.17
				  (Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by
				  5-22-95 or emergency language will be repealed by operation of law on the
				  following day.
18. Repealer and new section refiled 7-7-95 as an
				  emergency; operative 5-20-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL
				  by 9-17-95 or emergency language will be repealed by operation of law on the
				  following day.
19. New section refiled 7-17-95 as an emergency;
				  operative 5-25-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL
				  by 9-22-95 or emergency language will be repealed by operation of law on the
				  following day.
20. New section, including amendment of section and
				  NOTE, refiled 3-18-96 as an emergency; operative 9-22-95 pursuant to Health and
				  Safety Code section
				  50199.17
				  (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL
				  by 1-20-96 or emergency language will be repealed by operation of law on the
				  following day.
21. New section refiled 3-18-96 as an emergency;
				  operative 9-26-95 pursuant to Health and Safety Code section
				  50199.17
				  (Register 96, No. 13). A Certificate of Compliance must be transmitted to OAL
				  by 1-24-96 or emergency language will be repealed by operation of law on the
				  following day.
22. New section, including amendment of subsection
				  (v) refiled 3-18-96 as an emergency; operative 10-30-95 pursuant to Health and
				  Safety Code section
				  50199.17
				  (Register 96, No. 14). A Certificate of Compliance must be transmitted to OAL
				  by 2-27-96 or emergency language will be repealed by operation of law on the
				  following day.
23. Repealer and new section filed 8-19-97; operative
				  2-18-97 pursuant to Health and Safety Code section
				  50199.17
				  (Register 97, No. 34).
24. Amendment of subsection (b) filed
				  7-21-98; operative 11-20-97 and 12-11-97 pursuant to Health and Safety Code
				  section
				  50199.17
				  (Register 98, No. 30).
25. Change without regulatory effect adding
				  new chapter 1 heading filed 10-6-98 pursuant to section
				  100, title 1, California Code of
				  Regulations; operative 3-26-99 pursuant to Revenue and Taxation Code section
				  12206
				  (Register 98, No. 41).
26. Emergency amendment effective pursuant to
				  Health and Safety Code section
				  50199.17
				  upon adoption by the Committee on February 16, 2001, filed with the Secretary
				  of State on March 5, 2001 (Register 2001, No. 10).
EDITOR'S NOTE: On
				  December 20, 2000, the Committee adopted and made effective an emergency
				  amendment to an earlier version of this regulation; this amendment was
				  superseded by the February 16, 2001 amendment. The December 20, 2000 amendment
				  was filed with the Secretary of State on March 5, 2001; it was not printed in
				  the California Code of Regulations.
27. Emergency readoption without
				  change filed 11-19-2001 of an action most recently filed 3-5-2001; operative
				  9-17-2001 pursuant to Health and Safety Code section
				  50199.17
				  (Register 2001, No. 47).
28. Emergency adoption effective pursuant
				  to Health and Safety Code section
				  50199.17
				  upon adoption by the Committee on March 19, 2003, filed with the Secretary of
				  State on 5-8-2003 (Register 2003, No. 19).
EDITOR'S NOTE: These
				  March 19, 2003 emergency regulations supersede prior emergency regulations
				  adopted and made effective by the Committee on January 29, 2003. The January 29
				  emergency regulations were filed with the Secretary of State on May 8, 2003,
				  but were never printed in the California Code of Regulations.
29.
				  Emergency adoption effective pursuant to Health and Safety Code section
				  50199.17
				  upon adoption by the Committee on February 18, 2004, filed with the Secretary
				  of State on 4-26-2004. These February 18, 2004 emergency regulations supersede
				  prior emergency regulations (Register 2004, No. 18).
30. Emergency
				  adoption effective pursuant to Health and Safety Code section
				  50199.17
				  upon adoption by the Committee on June 16, 2004, filed with the Secretary of
				  State on 7-19-2004. These June 16, 2004 emergency regulations supersede prior
				  emergency regulations (Register 2004, No. 30).
31. Emergency
				  adoption effective pursuant to Health and Safety Code section
				  50199.17
				  upon adoption by the Committee on October 5, 2004, filed with the Secretary of
				  State on 12-16-2004. These October 5, 2004 emergency regulations supersede
				  prior emergency regulations (Register 2004, No. 51).
32. Emergency
				  adoption effective pursuant to Health and Safety Code section
				  50199.17
				  upon adoption by the Committee on February 16, 2005, filed with the Secretary
				  of State on 4-4-2005. These February 16, 2005 emergency regulations supersede
				  prior emergency regulations (Register 2005, No. 14).
33. Emergency
				  readoption of action adopted by the Committee 2-16-2005 and filed with the
				  Secretary of State 4-4-2005; refiled 11-1-2005; readopted by the Committee and
				  effective 9-28-2005 pursuant to Health and Safety Code section
				  50199.17
				  (Register 2005, No. 44).
34. Emergency adoption filed 3-23-2006;
				  conclusively presumed to be an emergency and effective upon adoption by the
				  Committee on 1-18-2006 pursuant to Health and Safety Code section
				  50199.17(c) and
				  (d). This filing supercedes prior emergency
				  regulations and is exempt from the Administrative Procedure Act except as
				  provided in Health and Safety Code section
				  50199.17 (a) and
				  (b) (Register 2006, No. 12).
35.
				  New section replacing prior emergency adoption filed 7-22-2010; operative
				  2-17-2010. Submitted to OAL for printing only pursuant to Health and Safety
				  Code section
				  50199.17
				  (Register 2010, No. 30).
Note: Authority cited: Section
					 50199.17,
					 Health and Safety Code. Reference: Sections
					 12206,
					 17058
					 and
					 23610.5,
					 Revenue and Taxation Code; and Sections
					 50199.4-
					 50199.22,
					 Health and Safety Code.