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§ 10032. Application Requirements.

4 CA ADC § 10032Barclays Official California Code of RegulationsEffective: April 7, 2022

Barclays California Code of Regulations
Title 4. Business Regulations
Division 13. California Alternative Energy and Advanced Transportation Financing Authority
Article 2. Manufacturing Sales and Use Tax Exclusion Program
Effective: April 7, 2022
4 CCR § 10032
§ 10032. Application Requirements.
(a) Timing of Application submissions.
(1) The Executive Director will announce the application periods for the sales and use tax exclusion prior to the start of each calendar year on the Authority website found at www.treasurer.ca.gov/CAEATFA.
(A) The announcement will include the (1) application periods, (2) deadline to submit Applications for each application period, (3) tentative dates when the Authority will hold Board meetings to consider Applications, and (4) amount of sales and use tax exclusion available to award during each application period.
(B) The Executive Director may reschedule or amend any previously announced application period by providing notice on the Authority website and may reschedule or relocate any previously announced Authority Board meeting so long as the information is posted on the Authority website at least ten (10) days before the scheduled meeting.
(2) Applications must be submitted via e-mail to [email protected].
(3) The Authority may limit the number of meetings each year at which Applications will be considered.
(4) $20 million in sales and use tax exclusions shall be available to award only to Applications requesting $2 million or less in sales and use tax exclusion through September each year. If any of the $20 million in sales and use tax exclusion remains after September, it shall be made available to award to all Applicants. Applications being considered under the Small Project Pool will be reviewed and presented to the CAEATFA Board for approval in the order in which the Applications are ranked based on Competitive Criteria, as established in Section 10032(a)(7)(B), and will be heard before Applications being considered for an award under the general pool of STE. When the amount requested in the Application exceeds the STE available from the Small Project Pool, the Authority shall award the remaining STE request using STE from the general pool of STE allocation, if any remains. Any Applicant requesting $2 million or less in STE that is not awarded from the Small Project Pool will be considered for an award from the general pool of STE allocation, if any remains.
(5) Except as provided in subparagraphs (A) and (B) below, Applications shall be capped at $10 million of sales and use tax exclusions per Applicant, per calendar year, based on the average statewide sales tax rate at time of Application. For any Applicant which has a parent company with an ownership interest greater than 50%, the $10 million cap also applies to the Applicant's parent company and the parent company's subsidiaries or affiliates.
(A) If STE will be available at the last application period of the calendar year after all Applications are considered, the Authority may provide additional STE to Applicants that qualified for additional STE but were capped pursuant to this paragraph. The remaining STE available will be awarded first to the last Applicant considered for additional STE pursuant to subparagraph (B), below, if the Applicant did not receive its full STE request, then to any additional Applicants wishing to exceed the $10 million cap that were not awarded pursuant to subparagraph (B), below. The Applications will be reviewed and presented to the CAEATFA Board for approval in the order in which they are ranked based on Competitive Criteria. If there is still additional STE available, then Applicants wishing to exceed $20 million in STE will be reviewed and presented to the CAEATFA Board for approval in the order in which they are ranked based on Competitive Criteria. Applicants wishing to exceed that cap must bring a revised Project Application or a new Application before the Authority Board for consideration in the last application period of the same calendar year in which the original Application was approved. The revised or new Application must include updated information requested in Section 10032 and will be evaluated pursuant to Section 10033. The Executive Director will announce end-of-the-year availability of sales and use tax exclusion no later than 28 days prior to the last Authority Board meeting of the calendar year.
(B) For Applicants wishing to exceed the $10 million in STE cap, $15 million in STE will be available to award to Applicants in addition to the $10 million in STE cap in the first application period of the calendar year. Requests for STE in addition to the $10 million in STE cap shall be capped at $10 million in STE, for a potential total award of $20 million in STE, and must be submitted during the first application period of the calendar year. The Applications will be reviewed and presented to the CAEATFA Board for approval in the order in which they are ranked based on Competitive Criteria, as established in Section 10032(a)(8)(B) below. If the amount requested in the last Application considered exceeds the STE available from the $ 15 million in STE set-aside, the Applicant shall only receive the amount remaining from the $15 million in STE set-aside. If any of the $15 million in STE is not awarded, the remaining STE will be made available to award to all Applicants.
(6) To the extent the total sales and use tax exclusions awarded during the calendar year reaches the Statutory Cap, additional Applications will not be reviewed during that calendar year. Applications that are received but not awarded due to the Statutory Cap will be placed on a waiting list. To the extent that additional STEs become available during the calendar year, it will be awarded first to the last Applicant considered, if that Applicant did not receive its full STE request. If the last Applicant considered received its full STE request, Applications on the waiting list will be reviewed and presented to the CAEATFA Board for approval in the order in which those Applications are ranked based on Competitive Criteria. The waiting list shall expire at midnight on January 1 of the year following the calendar year the list is established.
(7) Except as provided in paragraph (4), the order in which Applications will be reviewed and considered by the Authority will be based on a ranking of Competitive Criteria, as established in subparagraphs (A) and (B) below.
(A) The Projects with the greatest point score will be reviewed and presented to the CAEATFA Board. In the event of a tie, the Application representing the smaller STE award will move forward to consideration before the Authority. If the STE amounts are identical, the Application that was received by CAEATFA first shall be heard first. When the amount requested in the Application exceeds the STE available in the calendar year, the Authority shall award the remaining STE request using STE from the following calendar year, up to $2 million in STE. Any remaining Applications shall be placed on the waiting list.
(B) Competitive Criteria.
(i) The competitive criteria score will be the sum of all of the following:
a. 100 points for Applicants with Recycled Resource Extraction Projects or Projects that produce an Advanced Transportation Technology or an Alternative Source product, component, or system;
b. the Unemployment Score as calculated pursuant to Section 1033(c)(5)(A);
c. the New Jobs Score as calculated pursuant to Section 10033(c)(5)(B);
d. 50 points for Applicants that can demonstrate the Project is to relocate or rebuild the Applicant's Facility due to a fire, flood, storm, or earthquake identified in a state of emergency proclamation made by the California State Governor within two years of the time of application;
e. 15 points for Applicants with a Corporate Headquarters, as defined in Section 10031(l), located in California;
f. 50 points for Applicants that are not eligible to use any of the exemptions established pursuant to Section 6377.1 of the Revenue and Taxation Code. The Authority staff will consult with the California Department of Tax and Fee Administration regarding questions of eligibility for any of the exemptions established pursuant to Section 6377.1 of the Revenue and Taxation Code; and
g. 75 points if the Project's industry is in an Emerging Strategic Industry.
(8) The Authority may, upon a finding that it is in the public interest and advances the purposes of the Program, at any time announce that it is not accepting further Applications.
(b) Application. Applicants shall submit to the Authority the information required by this section.
(1) Applications not meeting all requirements shall be considered incomplete. An Applicant shall be notified by the Authority should its Application be deemed incomplete, and the Applicant may correct any deficiency and resubmit the Application. Resubmitted Applications will be reviewed for completeness and, if complete, will be further reviewed by staff and presented to the Authority pursuant to the regular review and evaluation process and timeline with the date of submission determined based on the date the Authority receives the resubmitted Application.
(2) Determination of completeness, compliance with all requirements, and the scoring of the Application shall be based entirely on the documents contained in the Application as of the date on which the Application was submitted. Any additional documents pertaining to the requirements or scoring categories that the Applicant chooses to submit shall be accepted after the Application-filing date only with the understanding that, for purposes of determining the date the Application is deemed to have been received, the date the additional documentation is received shall be the date of receipt of the Application. In the event the Authority asks an Applicant for additional information or requests clarification or correction of errors, Applicants shall be given up to three (3) business days from the date of receipt of staff notification to submit said documents to complete the Application. A timely response shall not cause a redetermination of the date of receipt. The Authority may request additional clarifying information from third party sources, such as local government entities, other state agencies, or subject matter experts. To the extent that third party information is received that contradicts or otherwise calls into question information provided in the Application or otherwise may result in a reduction in the score that an Application would receive, the Applicant will be notified and will be given three (3) business days to respond to the third party information received.
(3) An Application may not be changed, nor may any additional information with respect to scoring be submitted subsequent to the Application filing date, except as noted above.
(4) Applications will be considered incomplete if the Application Fee is not received within five (5) business days of submission of the Application, unless an Application is a resubmission pursuant to Section 10032(a)(5)(A).
(c) Documentation. The following documentation relevant to the proposed Facility is required to be submitted with all Applications:
(1) Applicant Certification. A signed statement certifying the responsibility of the Applicant to:
(A) provide Application-related documentation to the Authority upon request;
(B) be familiar with and comply with Program statutes and regulations;
(C) hold the Authority and its employees and consultants harmless from any and all issues arising from the Applicant's participation in the Program;
(D) agree to comply with and remain in compliance with all applicable laws and regulations during the term of the Regulatory Agreement;
(E) acknowledge that the Authority has recommended the Applicant seek tax advice;
(F) acknowledge that the Application will be evaluated according to Authority regulations;
(G) acknowledge that continued compliance with Program requirements, including ongoing reporting requirements and any costs associated with such requirements for the term of the Regulatory Agreement, is the responsibility of the Applicant;
(H) acknowledge that information submitted to the Authority may be subject to disclosure pursuant to the Public Records Act (Government Code Section 6250, et seq.);
(I) agree to enter with the Authority into a Regulatory Agreement if the Application is approved; and,
(J) acknowledge, under penalty of perjury, that all information provided to the Authority is true and correct, and that the Applicant has an affirmative duty to notify the Authority of any material changes to the information submitted in the Application during the Application process and the term of the Regulatory Agreement.
(2) Legal Information. Applicants shall complete the Legal Status Questionnaire (as revised on August 14, 2018), which is hereby incorporated by reference.
(3) Designated Contacts. The Application must identify designated contacts who can respond to questions from the Authority or provide additional information if requested. If the designated contacts are not directly employed by Applicant, the Application must include appropriate documentation signifying the contact's authority to represent and act on behalf of the Applicant with respect to the Application.
(4) Applicant and Facility Information. Applicants are responsible for providing all requested information, which shall include:
(A) Applicant Information.
(i) Name, phone number, email address, mailing address, and taxpayer identification number of Applicant,
(ii) Applicant organization type (e.g., corporation, LLC, partnership, etc.),
(iii) Name, phone number, email address, and mailing address of a primary and secondary contact person
(iv) Contacts' titles or relationships to Applicant,
(v) The name(s) of the owners of the Applicant's business entity.
a. If the Applicant is a corporation, include the names of the officers of the corporation, major shareholders (10.0% or greater), and date and place of incorporation.
b. If the Applicant is a sole proprietorship, include the name of the proprietor and the date and place of establishment.
c. If the Applicant is another type of legal entity, identify the name(s) of the owners and each owner's share of ownership (the totals of the reported shares of ownership should equal 100%).
d. For all types of business entities, other than publicly traded corporations, private equity firms or sole proprietorships, that are owned by another business entity with an ownership share greater than or equal to 10 percent, identify any individuals or businesses with an ownership share in the parent entity of 10 percent or more.
(vi) Brief description of the Applicant's business, including product(s) produced, facility locations, years in business, and any unique technological or environmental characteristics of the business or products.
(vii) Address of the Applicant's Corporate Headquarters as defined in Section 10031(1).
(viii) If applicable, documentation demonstrating the Project is to relocate or rebuild the Applicant's Facility due to a fire, flood, storm, or earthquake identified in a state of emergency proclamation made by the California State Governor within two years of the time of application.
(ix) Whether the Applicant meets at least one of the following size requirements, on average, over the past 3 years:
a. 100 or fewer employees, including affiliates;
b. Annual revenues of less than $15 million, including affiliates; or
c. The U.S. Small Business Administration's size standards for a Small Business matched to the North American Industry Classification System, found in Part 121.201 of Title 13 of the Code of Federal Regulations (1-1-20 Edition), which is hereby incorporated by reference.
(x) How the Applicant learned about the Sales and Use Tax Exclusion Program.
(xi) The Applicant's North American Industry Classification System (NAICS) code.
(B) Facility Information.
(i) Brief description of Facility and product(s) to be produced, including the following:
a. Physical location of the Facility.
b. A description of the Facility, including the design, manufacturing, or assembly process to be employed, the product to be produced, and the intended or likely customers.
c. Identification of the Advanced Transportation Technology or Alternative Source product, component or system to be produced, the Advanced Manufacturing process to be utilized, or the type of Recycled Resource Extraction Project. In the case of a Facility producing property or products that, after further manufacture, will become the Green Component of an Advanced Transportation Technology or Alternative Source product or system, the Applicant must describe both the property or product produced by the Facility and the Green Component of the Advanced Transportation Technology or Alternative Source product or system for which the product produced will be used.
d. Current Facility status and a schedule indicating the estimated Facility construction start date through the placed-in-service date for the Qualified Property identified in the Application, including the expected date of any needed permits.
e. Description of the sources of financing necessary for Facility completion, including the provision of financial assistance from any local governments for the project, as well as any state incentives or state financing the Applicant has applied for or received.
f. Total value of the capital stock used to produce the product, including the anticipated Qualified Property purchases. The value is not the cost of the capital stock, but the depreciated value of the capital stock excluding buildings and land.
g. Projected average number of employees at the Facility, measured in full time equivalents, assuming Qualified Property is utilized.
h. Projected number of employees employed for purposes of constructing the Facility or installing Qualified Property, measured in full time equivalents.
i. For Alternative Source Projects producing Biofuels, the fraction of Biofuel produced that is used to offset external fuel purchases.
j. Taxability of the product produced and of the end of supply chain product for purposes of generating sales taxes.
k. Projected average number of employees at the Facility, measured in full time equivalents, assuming the Qualified Property is not utilized.
l. Average and minimum wage of each classification of full-time employees proposed to be hired or not retained using the following wage categories: up to $20,000; $20,001-$30,000; $30,001-$40,000; $40,001-$50,000; $50,001-$60,000; $60,001-$70,000; $70,001-$80,000; $80,001-$90,000; $90,001-$100,000; $100,001--$110,000; $110,001-$120,000; and over $120,000. Wages include monetary compensation paid to the employee each year, not including tips, commissions, bonuses, stock options, overtime, or other compensation of any kind.
m. An explanation of why each classification is being eliminated and if any existing employees in the classification will be retrained or reclassified.
(C) Qualified Property Information. Completed provisional Qualified Property list to include the following information for each piece of property to be subject to the sales and use tax exclusion. Good faith estimates are acceptable if specific property characteristics are not available at the time of the submission of the Application. Individual items of Qualified Property can be grouped together provided the individual items are reasonably related, such as items that will be used together to produce a particular sub-component or perform a discrete function in the manufacturing process. An Applicant is not to reduce the amount of Qualified Property listed in the Application to qualify for consideration under the Small Project Pool. An Application is not to increase the amount of Qualified Property listed in the Application if the total amount of sales and use tax exclusion requested in the Application period for which the Application was submitted represents sales and use tax exclusion in excess of the Statutory Cap.
(i) Brief description of Qualified Property to be purchased and its use in the manufacturing, production, assembly, or design process.
(ii) Estimated cost of the Qualified Property to be purchased.
(iii) Average Estimated Useful Lifespan of the Qualified Property, weighted by cost.
(iv) Estimated percent of time Qualified Property will be (a) used to make Advanced Transportation Technologies or Alternative Source products, components, or systems, (b) utilized in an Advanced Manufacturing process, or (c) utilized in a Recycled Resource Extraction Project.
(D) Product information (all information must relate solely to the Facility or product to be produced with Qualified Property if the Applicant produces other goods or services):
(i) Brief description and name of the product to be produced with Qualified Property and within California.
(ii) Estimated average annual number of Qualified Products produced or amount of recycled material to be produced.
(iii) Estimated per unit sales price.
(iv) Estimated per unit production-related purchases from suppliers, assuming Qualified Property is utilized or installed.
(v) Estimated percent of production costs from California Suppliers.
(vi) Estimated per unit labor costs, assuming Qualified Property is utilized or installed.
(vii) For Alternative Source and Advanced Transportation Projects, the Estimated Useful Lifespan of product, component, or system.
(viii) Estimated percent of total Qualified Products to be sold in California.
(ix) For Alternative Source or Advanced Transportation Projects, statement as to whether the technology, product, component, or system is a subcomponent of a Qualified Product or an end-of-supply-chain product.
(x) For Alternative Source or Advanced Transportation Projects, total value of the end-of-supply-chain Green Component.
(xi) Estimated percent of total end of supply chain product sales in California.
(E) Environmental Benefit Information.
(i) For Facilities producing the Green Component of Alternative Source products, components or systems:
a. Annual energy generation capacity or energy content per unit.
b. Lbs. of CO2 (or equivalent) emitted per MWh or equivalent.
c. Lbs. of SO2 emitted per MWh or equivalent.
d. Lbs. of NOx emitted per MWh or equivalent.
e. Amount of other pollutants emitted per MWh or equivalent.
f. Pollution cost of other pollutants emitted per MWh or equivalent.
(ii) For Facilities producing the Green Component of Alternative Source energy efficiency products, components or systems:
a. Type and units of energy conserved.
b. Applicable Recognized Energy Efficiency Standard.
c. Annual baseline system consumption of energy per unit.
d. Annual improved system consumption of energy per unit.
(iii) For Facilities producing the Green Component of Advanced Transportation Technology products, components, or systems:
a. Annual baseline system consumption of energy per unit.
b. Annual improved system consumption of energy per unit.
c. Annual consumption of any offsetting energy required to achieve improved system performance.
(iv) For Facilities producing the Green Component of Alternative Source or Advanced Transportation Technology products, components, or systems that do not fall within the above categories of products, the Applicant shall explain and quantify the following:
a. Description of environmental benefits.
b. Annual value of environmental benefits associated with use of the product.
c. Annual pollution cost of any off-setting energy use or other pollutants emitted.
(v) For Advanced Manufacturing Facilities:
a. Description of environmental benefits.
b. Estimated reduction in energy or water use; solid waste, hazardous waste, or air pollution emissions.
c. Description of any environmental sustainability plans.
(vi) For Recycled Resource Extraction Projects:
a. Description of environmental benefits.
b. Marginal increase in total amount of material recycled due to the sales and use tax exclusion.
(F) Optional Supplemental Information. The following information may be submitted with an Application. Submission of this information may increase an Applicant's score, as specified in Section 10033.
(i) Applicants claiming any additional significant environmental benefits associated with use of their product beyond those associated with reduced energy consumption or increased Alternative Source energy generation may provide a description of these benefits, including the amount of pollution avoided and a quantification of the impact of the pollution reduction in dollars if possible.
(ii) Other Facility Information:
a. Applicants with facilities located in California that perform research and development functions related to the product or production process at the Facility that is the subject of the Application may submit information establishing the location of the research and development facility and the connection between the research and development and the Facility, submission of which may increase an Applicant's score.
b. Applicants that have partnerships with educational institutions either for the purpose of training the workers at the Facility or for purposes of assisting in the training of potential future workers, including workers from disadvantaged communities including women, racial minorities, formerly incarcerated, and veterans, may submit information documenting this partnership, submission of which may increase an Applicant's score.
c. Applicants in Industry Clusters, as defined, may submit information establishing this fact, submission of which may increase an Applicant's score.
d. Applicants that provide benefits and fringe benefits to their employees may submit information on the types of benefits and fringe benefits provided, submission of which may increase an Applicant's score. Benefits include medical, health, dental, and vision premiums paid by the Applicant on behalf an employee, an employee's spouse or dependents. Fringe benefits include, but are not limited to, bonuses, pension plans, retirement contributions, profit-sharing programs, dependent care and assistance reimbursement, transportation subsidies, education reimbursement, gym subsidies, employee discounts, and paid leave.
(iii) Additional documentation only for Applicants claiming that without the exclusion the proposed Facility will not be sited in California. Determination of Facility benefits, as further delineated in Section 10033, may be increased for Facilities that would not locate production Facilities in California absent the grant of the sales and use tax exclusion. For Applicants claiming that Facility location or expansion decisions are dependent upon receipt of the sales and use tax exclusion, Applications must provide evidence to support the claim. Such evidence may include the following:
a. Internal financial analysis demonstrating the extent of an advantage for a non-California site.
b. Location consultant report demonstrating the extent of an advantage for a non-California site.
c. Other internal or external analyses demonstrating that, absent the grant of the sales and use tax exclusion, the proposed Facility will not proceed at the California site.
(G) Calculations and assumptions relied upon by the Applicant. For any calculation performed by or assumption relied upon by the Applicant in completing the Application, the Applicant must provide an explanation of the basis for the value resulting from the calculation or reasonableness of the assumption relied upon. Applicants may be asked to provide additional supporting information, including business plans, pro forma financial statements or other comparable documents used for the purpose of soliciting investors to verify responses contained in the Application. Applications that do not adequately document any calculations or assumptions relied upon will be considered incomplete.
(5) Application materials and supporting documentation in excess of thirty pages will not be considered or reviewed except to the extent that documentation in excess of this page limit is provided in response to a direct request for additional information from the Authority.

Credits

Note: Authority cited: Section 26009, Public Resources Code; and Section 26011.8, Public Resources Code. Reference: Section 26011.8, Public Resources Code; and Section 6010.8, Revenue and Taxation Code.
History
1. New section filed 10-4-2010 as an emergency; operative 10-4-2010 (Register 2010, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-4-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-1-2011 as an emergency; operative 4-1-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2011 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-24-2011 as an emergency; operative 6-24-2011 (Register 2011, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-24-2011 order, including amendment of section and Note, transmitted to OAL 6-29-2011 and filed 8-10-2011; operative 9-28-2011 (Register 2011, No. 32).
5. Amendment of subsections (a)(1) and (c)(4)(B)(i)e. deemed necessary for the immediate preservation of the public peace, health and safety, and general welfare by the Legislature pursuant to section 26011.8 of the Public Resources Code; filed 3-8-2012 as an emergency; operative 3-8-2012 (Register 2012, No. 10). A Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a)(1) and (c)(4)(B)(i)e. deemed necessary for the immediate preservation of the public peace, health and safety, and general welfare by the Legislature pursuant to section 26011.8 of the Public Resources Code; refiled 9-4-2012 as an emergency; operative 9-4-2012 (Register 2012, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)(1) and (c)(4)(B)(i)e. deemed necessary for the immediate preservation of the public peace, health and safety, and general welfare by the Legislature pursuant to section 26011.8 of the Public Resources Code; refiled 12-3-2012 as an emergency; operative 12-3-2012 (Register 2012, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-4-2013 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-3-2012 order transmitted to OAL 2-28-2013 and filed 4-2-2013 (Register 2013, No. 14).
9. Amendment filed 10-7-2013 as a deemed emergency pursuant to Public Resources Code section 26009; operative 10-7-2013 (Register 2013, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
10. Amendment refiled 4-3-2014 as a deemed emergency pursuant to Public Resources Code section 26009; operative 4-3-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-2-2014 or emergency language will be repealed by operation of law on the following day.
11. Amendment of section, including further amendment of subsection (c)(4)(F)(iii), refiled 6-30-2014 as a deemed emergency pursuant to Public Resources Code section 26009; operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-30-2014 order, including amendment of subsections (c)(1)(H) and (c)(4)(F)(iii)c., transmitted to OAL 9-29-2014 and filed 11-10-2014; amendments effective 11-10-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 46).
13. Amendment filed 8-9-2016 as a deemed emergency pursuant to Public Resources Code section 26009; operative 8-9-2016 (Register 2016, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-6-2017 or emergency language will be repealed by operation of law on the following day.
14. Amendment refiled 2-7-2017 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-7-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-8-2017 or emergency language will be repealed by operation of law on the following day.
15. Amendment refiled 5-4-2017 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2017 (Register 2017, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-7-2017 or emergency language will be repealed by operation of law on the following day.
16. Reinstatement of section as it existed prior to 8-9-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 36).
17. Amendment filed 10-31-2017; operative 10-31-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 44).
18. New subsection (a)(7)(B)(v) filed 12-13-2017 as an emergency; operative 12-13-2017 (Register 2017, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-11-2018 or emergency language will be repealed by operation of law on the following day.
19. Reinstatement of section as it existed prior to 12-13-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 26).
20. New subsection (a)(7)(B)(v) filed 4-11-2019; operative 7-1-2019 (Register 2019, No. 15).
21. Amendment filed 12-16-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-16-2019 (Register 2019, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2020 or emergency language will be repealed by operation of law on the following day.
22. Emergency filed 12-16-2019 extended 60 days (Executive Order N-40-20). A Certificate of Compliance must be transmitted to OAL by 8-14-2020 or emergency language will be repealed by operation of law on the following day.
23. Emergency filed 12-16-2019 extended an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 10-14-2020 or emergency language will be repealed by operation of law on the following day.
24. Reinstatement of section as it existed prior to 12-16-2019 emergency amendment by operation of Government Code section 11346.1(f) (Register 2020, No. 43).
25. Amendment filed 11-4-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-4-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 45). A Certificate of Compliance must be transmitted to OAL by 8-31-2021 or emergency language will be repealed by operation of law on the following day.
26. Amendment refiled 8-30-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 9-1-2021 (Register 2021, No. 36). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
27. Amendment refiled 11-29-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-1-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2022 or emergency language will be repealed by operation of law on the following day.
28. Amendment of section and Note filed 12-9-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-9-2021 (Register 2021, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-7-2022 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 11-29-2021 order, including amendment of subsection (b)(4), transmitted to OAL and filed 4-7-2022; amendments effective 4-7-2022 (Register 2022, No. 14).
This database is current through 4/5/24 Register 2024, No. 14.
Cal. Admin. Code tit. 4, § 10032, 4 CA ADC § 10032
End of Document