The following definitions shall govern construction of Article 11.
(a) “Alternative Funding Sources” means the Applicant's internal sources of funds typically used to fund projects similar to the Applicant's Project and other state, federal, local or private sources of funds that are be available for similar projects.
(b) “Applicant” means any county, city and county, or city applying for program funding. The Applicant may partner with a public entity including, but not limited to, a redevelopment agency or joint powers authority.
(c) “Application” means the information referred to in Section 8120.
(d) “Authority” means the California Pollution Control Financing Authority, organized and existing under and by virtue of Division 27 (commencing with Section 44500) of the California Health and Safety Code.
(e) “Borrower” means an Applicant whose Loan has been approved and who has executed a Loan Agreement.
(f) “Economically Distressed” means high unemployment levels, low-income levels, and/or high poverty.
(g) “Executive Director” means the Executive Director of the California Pollution Control Financing Authority.
(h) “Eligible Costs” means reasonable and necessary Project costs that may include, but not be limited to, costs associated with any of the following:
(1) The planning and implementation processes for programs, plans (e.g., general plans, or portions thereof; specific plans, or portions thereof; alternative transportation studies; finance plans; redevelopment plans; engineering studies; the hiring of consultants to assist in the planning process; or similar type expenses).
(2) Costs associated with funding projects such as a community center, park enhancements, or infrastructure improvements that are key elements of a comprehensive community or neighborhood sustainable development project.
(3) Costs associated with facilitating public involvement (e.g., public hearings, information meetings, or similar type activities) related to developing policies, programs and projects.
(4) Costs associated with hiring technical experts to identify, assess, and complete applications for state, federal and private economic assistance programs that fund sustainable development and sound environmental policies and programs.
(5) Travel, telephone, postage and similar administrative expenses directly related to the project.
(6) Staff time (including staff training expenses) directly related to the Project.
(i) “First Priority” means Applicants that establish a case that there exists a Lack of Resources to complete their Projects.
(j) “Ineligible Cost” means funds for expenses associated with:
(1) Work completed prior to loan funding.
(2) Replacement of otherwise existing sources of funding for existing staff positions.
(k) “Infill Development” means development or redevelopment of unused, underutilized, or existing properties within established urban and/or rural neighborhoods or communities, where those neighborhoods or communities are already served with streets, water, sewer and other public services.
(l) “Lack of Resources” means that Alternative Funding Sources are unavailable to fund all, or a portion, of the Project for which program funds are being sought as demonstrated by an Applicant pursuant to section 8120(d)(2) hereof.
(m) “Loan” means a loan made in accordance with the procedures set forth in this Article 11.
(n) “Loan Agreement” means a written agreement for a Loan entered into between a Borrower and the Authority.
(o) “Outside Reviewer” means an individual that meets all of the following requirements:
(1) Does not have any direct or beneficial interest in real property located in any Project Area(s) included in an Application
(2) Is not the owner or employee of, the holder of a management position in, or in receipt of or in expectation of the receipt of income from any entity located, or otherwise having any business or property interest in any Project Ares(s) included in an Application;
(3) Does not accept, or agree to accept, any payment that is in any way contingent upon the outcome of a report, evaluation, assessment, analysis, or award of a Grant or Loan in connection with an Application.
(p) “Project” means the Applicant's proposal for one or more of the following:
(1) Developing and implementing policies, programs and projects that reduce pollution hazards and the degradation of the environment within existing neighborhoods/communities;
(2) Assisting one or more California neighborhoods that are Economically Distressed;
(3) Promoting Infill Development.
(q) “Project Area” means a defined geographical area for which an Applicant proposes a Project or which the Applicant demonstrates will benefit from the Project.
(r) “Project Period” means a defined beginning and end date for implementation of the Project by which time all program funds must be expended.
(s) “Sustainable Development” means a Project that meets one or more of the following objectives:
(1) Develops and implements growth policies and programs that reduce pollution hazards and the degradation of the environment;
(2) Promotes Infill Development to revitalize communities;
(3) Promotes economic development within Economically Distressed communities;
(4) Promotes land use policies, programs and projects that support alternative transportation options;
(5) Ensures a proper mix of business and housing, including affordable housing, in communities and neighborhoods;
(6) Balances job growth with new housing;
(7) Encourages communities centered around civic spaces;
(8) Ensures more efficient, well-planned higher density use of land; and
(9) Protects environmental resources.
Note: Authority cited: Sections 44520(a) and 44520(c), Health and Safety Code. Reference: Sections 44501, 44502, 44526(g) and 44526(i), Health and Safety Code.
1. New article 11 (sections 8118-8125) and section filed 5-13-2002 as an emergency; operative 5-13-2002 (Register 2002, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-12-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-13-2002 order transmitted to OAL 7-31-2002 and filed 9-12-2002 (Register 2002, No. 37).
This database is current through 9/15/23 Register 2023, No. 37.