Home Table of Contents

§ 8078.8. Definitions.

4 CA ADC § 8078.8Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 4. Business Regulations
Division 11. California Pollution Control Financing Authority (Refs & Annos)
Article 7. Capital Access Program for Small Businesses
4 CCR § 8078.8
§ 8078.8. Definitions.
In addition to the definitions in Section 8070, the following definitions shall apply only to the California Americans with Disabilities Act Small Business Capital Access Loan Program, Sections 8078.8 to 8078.14 inclusive. To the extent the definitions contained herein conflict with definitions contained in Section 8070, the definitions in this section shall control for purposes of the California Americans with Disabilities Act Small Business Capital Access Loan Program.
(a) “Americans with Disabilities Act” or “ADA” means the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and amendments thereto.
(b) “Certified Access Specialist” or “CASp” means any person who has been certified pursuant to Section 4459.5 of the Government Code.
(c) “CalCAP/ADA Contribution” means the Contribution(s) made by the Authority from the California Americans with Disabilities Act Small Business Capital Access Financing Program Fund established pursuant to Section 44559.13(b)(2) of the Health and Safety Code.
(d) “CASp Report” and “CASp Inspection Report” means a written inspection report pursuant to Section 55.53 of the California Civil Code.
(e) “Cost Estimate” means a written proposal or estimate of the costs of materials, services and other expenses to complete some or all of the physical alterations or retrofits identified in the CASp Report, as provided by the CASp or by a licensed contractor.
(f) “Eligible Costs” means and includes all or any part, as defined in subdivision (b)(3) of Section 44559.13 of the Health and Safety Code, of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project, and shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act.
(g) “Eligible Project” means the physical alterations or retrofits to an existing small business facility as defined in subsection (l) necessary to ensure that the facility is in compliance with the Americans with Disabilities Act as identified in a CASp report on the facility, and the financing necessary to pay eligible costs of the project.
(h) “Program”, and “CalCAP/ADA Financing Program” and “CalCAP/ADA Program” and “CalCAP/ADA” mean the California Americans with Disabilities Act Small Business Capital Access Loan Program, established pursuant to the Section 44559.13 of the Health and Safety Code. Where the term “Program” is used in Sections 8078.8 to 8078.14 inclusive, the definition provided in this subdivision shall be used instead of the definition provided in Section 8070(p) of the California Code of Regulations Title 4, Division 11, Article 7.
(i) “Qualified Loan” means a loan or portion of a loan as defined in Section 44559.1 subdivision (j)(1) of the Health and Safety Code, where the proceeds of the loan or portion of the loan are limited to the Eligible Costs for an Eligible Project under this Program, where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000), and where the term of loss coverage for each qualified loan is no more than sixty (60) months. “Qualified Loan” does not include any of the following:
(1) Any portion of a loan to the extent the same portion thereof has been, is being, or will be enrolled in any other government program substantially similar to the Program; and
(2) Any loan where the total amount or value of loans enrolled in the Program by the Borrower exceeds $50,000.
(j) “Recapture” means the withdrawal of CalCAP/ADA Contribution amounts on an annual basis when enrolled loans mature or after sixty (60) months from the date of enrollment, whichever occurs first. Recapture is not applicable for Contributions on charged off loans for which a claim has been approved.
(k) “Reimbursement” and “Reimbursement for CASp Report” mean the amount of all or part of the CASp Report cost reimbursed upon loan enrollment by the Authority to the Qualified Business. The Reimbursement shall not exceed 5% of the loan amount enrolled in the Program and is issued pursuant to Section 8078.10(h).
(l) “Small Business” or “Qualified Business” means a business referred to in Section 44559.1 (i) and (m) of the Health and Safety Code, that meets both of the following additional criteria:
(1) Has thirty or fewer full-time equivalent employees or has less than five million dollars ($5,000,000) in total gross annual income from all sources; and
(2) Does not provide overnight accommodations.
(m) “Small Business Facility” or “Facility” means an existing small business facility of less than 10,000 square feet plus common areas and publicly or privately owned access points such as sidewalks and parking lots, if responsibility for those areas has been shifted to the small business owner pursuant to local ordinance or an enforceable lease agreement.

Credits

Note: Authority cited: Sections 44520, 44559.5, 44559.11 and 44559.13, Health and Safety Code. Reference: Sections 44559.1, 44559.3, 44559.5, 44559.11 and 44559.13, Health and Safety Code; and 42 U.S.C. Section 12101.
History
1. New section filed 8-29-2016 as an emergency; operative 8-29-2016 (Register 2016, No. 36). This filing is deemed an emergency pursuant to Health and Safety Code section 44520(b). A Certificate of Compliance must be transmitted to OAL by 2-27-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-15-2017 as an emergency; operative 2-28-2017 (Register 2017, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-29-2017 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-15-2017 order, including amendment of subsections (h) and (k) and amendment of Note, transmitted to OAL 3-27-2017 and filed 5-8-2017; amendments operative 5-8-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).
4. Amendment of first paragraph and subsections (d) and (h), new subsection (k), subsection relettering, amendment of newly designated subsection (l)(2) and amendment of Note filed 12-21-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-19-2018 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 12-21-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 44).
6. Amendment of first paragraph and subsections (d) and (h), new subsection (k), subsection relettering, amendment of newly designated subsections (l)-(l)(1), repealer of newly designated subsection (l)(2), subsection renumbering and amendment of Note filed 11-2-2018; operative 11-2-2018 pursuant to Government Code section 11343.4(b) (Register 2018, No. 44).
This database is current through 7/5/24 Register 2024, No. 27.
Cal. Admin. Code tit. 4, § 8078.8, 4 CA ADC § 8078.8
End of Document