Home Table of Contents

§ 8078.22. Definitions.

4 CA ADC § 8078.22Barclays 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 § 8078.22
§ 8078.22. Definitions.
Currentness
In addition to the definitions in Section 8070, the following definitions shall apply only to the California Capital Access Program Air Resources Board On-Road Heavy-Duty Vehicle Air Quality Loan Program, Sections 8078.22 to 8078.28 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 Capital Access Program Air Resources Board On-Road Heavy-Duty Vehicle Air Quality Loan Program.
(a) “ARB” means the California Air Resources Board.
(b) “Eligible Cost” or “Eligible Purchase” means the amount of loan proceeds used for the acquisition of heavy duty diesel vehicles or equipment necessary to become compliant with the ARB's Statewide In-Use Truck and Bus Regulations defined in section 2025, title 13, of the California Code of Regulations. In addition, heavy duty vehicles fueled by electric, natural gas, or hybrid engines in compliance with the emissions standards set by ARB may be considered an Eligible Purchase.
(c) “Interagency Agreement” means the agreement between ARB and the Authority, as may be amended from time to time.
(d) “On-Road Heavy-Duty Diesel Vehicles (In-Use) Regulation” means the Statewide In-Use Truck and Bus Regulations defined in section 2025, title 13, of the California Code of Regulations.
(e) “Program” and “CalCAP ARB Financing Program” and “CalCAP ARB Program” and “CalCAP ARB” and “CalCAP ARB On-Road HDV Air Quality Loan Program” means the California Capital Access Program Air Resources Board On-Road Heavy-Duty Vehicle Air Quality Loan Program, established pursuant to the Interagency Agreement between the Authority and the Air Resources Board.
(f) “Qualified Business” means either a Truck Owner Operator or a business referred to in subdivisions (i) and (m) of Section 44559.1 of the Health and Safety Code, that meets the following additional criteria:
(1) Less than one hundred (100) employees;
(2) Only fleets with ten (10) or fewer vehicles are eligible to participate in the Program. Determination of the fleet size must be based on the definitions and criteria in the Statewide Truck & Bus Regulation at California Code of Regulations, title 13, section 2025.
(3) Less than ten million dollars ($10,000,000) in total gross annual income from all sources over the prior three (3) fiscal years; and
(4) The Primary economic effect of the Borrower's business activity must be in California.
(g) “Qualified Loan” means a loan or portion of a loan as defined in Section 44559.1(j)(1) of the Health and Safety Code, and Section 8070 in this Article, where the loan or portion of the loan enrolled does not exceed two million five hundred thousand dollars ($2,500,000). A Qualified Loan may be made in the form of a TRAC Lease when the Loss Reserve Account is funded by an Independent Contributor. “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.
(2) Any loan or portion thereof to the extent that enrollment of the loan will cause the Borrower, including all related entities among which a common enterprise exists, to have a total enrolled principal amount in excess of $2,500,000 at any Participating Financial Institution over a three-year period.
(3) Any loan that exceeds the maximum interest rate of twenty (20) percent annual percentage yield.
(4) Any loan or portion of a loan which is a Refinance of an existing loan, except for the assumption of a TRAC Lease for a loan already enrolled in the Program.
(5) Any loan for which the loan proceeds are used solely for a trailer purchase(s).
(6) Any loan where any portion of the loan proceeds are used for a purchase or expenditure not subject to ARB's Statewide In-Use Truck and Bus Regulation.
(h) “Truck Owner Operator” means a driver who owns and operates his or her own trucking business or who leases his or her own truck to a trucking company to transport freight or haul loads for various companies, such activities have a Primary economic effect of the business activity in California, and the vehicle is registered in California.

Credits

Note: Authority cited: Sections 39601(a), 39650, 44520, 44559.5 and 44559.11, Health and Safety Code. Reference: Sections 39650, 43013, 44274, 44559.1, 44559.3, 44559.5 and 44559.11, Health and Safety Code; and 42 U.S.C. Section 7401.
History
1. New section filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and Safety Code section 44520(b) (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day, pursuant to Health and Safety Code section 44520(b).
2. Certificate of Compliance as to 8-7-2017 order, including further amendment of subsections (f)(2) and (f)(4), transmitted to OAL 1-31-2018 and filed 3-15-2018; amendments operative 3-15-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 11).
3. Amendment of subsections (e), (g) and (h) filed 7-31-2020 as an emergency; operative 7-31-2020 (Register 2020, No. 31). Emergency expiration extended 60 calendar days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 5-28-2021 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-31-2020 order, including amendment of Note, transmitted to OAL 11-24-2020 and filed 1-11-2021; amendments operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 4, § 8078.22, 4 CA ADC § 8078.22
End of Document