§ 5000. Definitions.
4 CA ADC § 5000Barclays Official California Code of RegulationsEffective: May 31, 2023
Effective: May 31, 2023
4 CCR § 5000
§ 5000. Definitions.
In addition to the definitions set forth in Government Code section 8869.82 and unless otherwise required by the context, the following terms as used in this division are defined as follows:
“Accredited Investor”, also known as a “Sophisticated Investor”, means an entity as defined by the United States Securities and Exchange Commission under Rule 501, regulation D of the Securities Act of 1933.
“Allocation” means the portion of the State Ceiling awarded by the Committee to an Applicant.
“Allocation Round” means a meeting or series of meetings of the Committee during which a predetermined portion of the State Ceiling is made available for allocation by the Committee to one or more Applicants selected by the Committee during that meeting or series of meetings.
“Annual Applicant Public Benefits and Ongoing Compliance Self-Certification (Revised 9/20/17)”, hereby incorporated by reference, means the document in the online compliance certification system to be completed by the Issuer in which the Issuer certifies that the Project is in compliance with all of the terms and conditions set forth in the Committee Resolution.
“Applicant” means the following entities submitting an Application to the Committee:
• a state or local governmental agency; or
• a joint powers authority (JPA) applying for bond allocation for a project, except for projects described in Government Code Section 6586.5(c), that is or will be located entirely within the geographical boundaries of one or more of the JPA's members; or
• a special district; or
• a nonprofit public benefit corporation that issues only student loan bonds; or
• any other public agency that is empowered to issue debt. “Application” means the request by an Applicant to the Committee for an Allocation of the State Ceiling which shall include the information specified in article 4 of this chapter.
“Bond” means either a Qualified Private Activity Bond or a Governmental Bond as defined in this section.
“Bond Default” means a material default as defined within an Issuer's Bond documents, but does not include for the purposes of this definition, defaults that are technical in nature such as a failure to maintain covenants, failing to charge rates sufficient to meet rate covenants, failing to maintain insurance on the Project, or failing to fund various reserves.
“Bond Issuance and Post Issuance Compliance Policies” means policies established by an Applicant to guide the process of issuing private activity bonds and ensuring post-issuance compliance including but not limited to a description of the fee structure, application and approval process (including TEFRA), threshold eligibility criteria for applicants and projects, long term regulatory requirements (if any), and monitoring practices.
“Bond Regulatory Agreement” means the agreement between the Issuer, Project Sponsor, and any third party related to the ownership, financing, and management of a proposed Qualified Residential Rental Project that binds the parties to the commitments made in the Application that resulted in the Allocation for the Project and any other requirements mandated by 26 U.S.C. section 142.
“CIEDB” means the California Infrastructure and Economic Development Bank.
“Cash Flow Permanent Bond” means a bond where the identified payment source is based on cash flow availability in the form of residual payments and that are issued for the purposes of providing permanent financing that (i) does not meet CDLAC's Debt Service Coverage Ratio requirement in Section 5193 and that, (ii) together with all other Bonds not meeting CDLAC's Debt Service Coverage Ratio requirements in Section 5193 (if any), exceed 5% of the total project cost.
“Census Designated Place” means a place designated as a census designated place by the Bureau of the Census.
“Certificate of Completion for Non-Qualified Residential Rental Projects” (Revised 06-01-2017), hereby incorporated by reference, submitted by the Project Sponsor of a Non-Qualified Residential Rental Project, certifies that all work on the Project was substantially completed, along with the aggregate amount disbursed on the loan for qualified project costs. In addition, the officer's signature indicates that no more than 2% of the proceeds of the bonds issued were spent on the cost of the bond issuance.
“Certificate of Completion for Qualified Residential Rental Projects” (Revised 06-01-2017), hereby incorporated by reference, submitted by the Project Sponsor of a Qualified Residential Rental Project, and certifies that all work on the Project was substantially completed, along with the aggregate amount disbursed on the loan for qualified project costs. In addition, the officer's signature indicates that no more than 2% of the proceeds of the bonds issued were spent on the cost of the bond issuance.
“Certification of Compliance I (Revised 11-16-16)”, hereby incorporated by reference, means the document provided in the Committee Resolution to be completed by the Project Sponsor in which the Project Sponsor certifies that the Project is in compliance with all of the terms and conditions set forth in the Committee Resolution.
“Certification of Compliance II for Non-Qualified Residential Rental Projects” (Revised 9/20/17), hereby incorporated by reference, is a form for Applicant/Issuers awarded allocation in 2017 forward. Applicant/Issuers retain the Certification form for a period of three years in place of the Certification of Compliance I (11-16-16) to ensure that the Project Sponsor is reporting all relevant compliance and possible changes to the Project or program to the Applicant.
“Certification of Compliance II for Qualified Residential Rental Projects” (Revised 06-01-2017), hereby incorporated by reference, is a form for Applicant/Issuers awarded allocation in 2017 forward. Applicant/Issuers retain the Certification form for a period of three years in place of the Certification of Compliance I (11-16-16) to ensure that the Project Sponsor is reporting all relevant compliance and possible changes to the Project or program to the Applicant.
“Committee” means the California Debt Limit Allocation Committee established by California Government Code sections 8869.80 et seq.
“Committee Resolution” means for any Allocation, the resolution duly adopted by the Committee that, among other things, memorializes the grant of the Allocation by the Committee to the Applicant.
“Competitive Application Process” means the procedure under which the Committee shall evaluate an Application for an award of Allocation that is competitive based upon the number of points each Application is awarded. Applications submitted under this process shall be awarded points only when the Project qualifies for those points and evidence supporting an award of points is documented in the Application when submitted.
“Credit Enhancement” means the additional assurance provided by a third party pursuant to a payment guaranty, letter of credit, bond insurance or other similar vehicle with a marketable investment grade credit rating.
“Credit Enhancer” means the party providing Credit Enhancement.
“CSFA” means the California School Finance Authority.
“CTCAC” means the California Tax Credit Allocation Committee.
“Distressed Community” means a community that the Applicant demonstrates to be any one or more of the following:
• A community with an unemployment rate equal to or greater than 125% of the statewide average based on the California Employment Development Department's most recent annual average for sub-county areas.
• A community with median family income of less than 80% of the statewide average based on the most recent census data available for cities or Census Designated Places. If no city or Census Designated Place level data is available, or if the Applicant chooses to identify a project benefit area that is smaller than a city or Census Designated Place, such as census tract or tracts, smaller areas will be used.
• A community with a poverty rate equal to or greater than 110% of the statewide average based on the most recent census data available for cities or Census Designated Places. If no city or Census Designated Place level data is available, or if the Applicant chooses to identify a project benefit area that is smaller than a city or Census Designated Place such as a census tract or tracts, smaller geographic areas will be used.
• A community or county affected by a state of emergency within California and declared a disaster by the President of the United States, the Administrator of the United States Small Business Ad ministration, or the United States Secretary of Agriculture, or de clared to be in a State of Emergency by the Governor of the State of California.
“Draw-down Bond Issuance” means a draw-down loan as defined for purposes of 26 U.S.C. sections 103 and 141 through 150 (generally, a Bond issue in which Bonds are delivered to the Bond purchaser intermittently as funds are needed by the Bond Issuer and the Bond Issuer only provides payments based on the amount of Bonds drawn-down).
“Executive Director” means the Executive Director of the Committee.
“Exempt Facility Project” means a Project financed with an exempt facility bond satisfying the requirements of 26 U.S.C. section 142, except that airports, docks and wharves, governmentally owned solid waste disposal facilities, and Qualified Residential Rental Projects shall not be considered exempt facilities for purposes of these regulations.
“Exempt Facility Project Pool” means the reserve of the State Ceiling established by the Committee for Exempt Facility Projects.
“Extra Credit Teacher Home Purchase Program” means a program offering Mortgage Credit Certificates or loans funded by Mortgage Revenue Bonds to eligible teachers, eligible administrators, eligible classified employees, and eligible staff members for the purpose of assisting them in becoming homeowners.
“Extra Credit Teacher Home Purchase Program Pool” means the reserve of the State Ceiling established by the Committee for the Extra Credit Teacher Home Purchase Program.
“Federally Bond-Restricted Units” are Project units that are restricted pursuant to 26 U.S.C. Section 142 (d)(1)(A) or (B).
“General Project Pool” means a reserve within the Qualified Residential Rental Project Pool that may be established by the Committee that does not include either Rural Projects or Mixed Income Projects.
“Governmental Bond” means a Bond issued by or on behalf of a governmental entity that is not considered a Qualified Private Activity Bond.
“Investor Representation Letter” means a letter from initial investors of a Bond offering that includes but is not limited to a certification that they reasonably meet the standards of a Sophisticated Investor or Qualified Institutional Buyer, that they are purchasing Bonds for their own account, that they have the sophistication to evaluate the merits and risks of the investment and suffer a loss of the investment, that they have been furnished all the information which they and their advisers requested on the offering and have had an opportunity to ask questions relating to that information, and other such matters.
“Issuer” means an entity empowered to issue Bonds.
“Job Creation” means new permanent full-time jobs created by the Project Sponsor. The number of jobs created shall be calculated after deducting any jobs within the State that are eliminated by the company. Job Creation must be met within two (2) years following the completion of the Project. The Job Creation requirement may be monitored by CIEDB utilizing California Employment Development Department employment statistics.
“Job Wage” means the average hourly general manufacturing wage for the Metropolitan Statistical Area in which a Project is located, based on the Bureau of Labor Statistics Series Code from the California Employment Development Department. If a Project is not located in an area for which the Employment Development Department keeps hourly wage data or not located in a defined Metropolitan Statistical Area, the closest comparable area in which hourly wage is available may be used.
“LEED Certified” means Leadership in Energy & Environmental Design certification by the U.S. Green Building Council.
“Local Issuer” means a local government entity that issues Mortgage Revenue Bonds or Mortgage Credit Certificates for Single Family Housing Programs or small-issue industrial development Bonds or a joint powers authority that issues small-issue industrial development Bonds on behalf of a local government entity.
“Market Study” means a comprehensive document prepared by a third party which contains information related to the Project's market area.
“Metropolitan Statistical Area” means the geographic entity defined by the U.S. Office of Management and Budget (OMB).
“Mixed Income Project” means a Qualified Residential Rental Project that is a New Construction project and either (1) is not utilizing the Average Income test of Internal Revenue Code Section 42 (g)(1)(C) and has 50% or fewer of its total units designated as Restricted Rental Units, or (2) is part of the California Housing Finance Agency Mixed-Income Program. In a Competitive Application Process, a Mixed Income Project may only apply for an allocation of tax-exempt bonds if the ratio of tax-exempt bonds, not including recycled bonds, to aggregate depreciable basis plus land basis is less than or equal to the ratio of units that will be restricted pursuant to a CTCAC regulatory agreement.
“Mortgage Credit Certificate” means a mortgage credit certificate as defined by 26 U.S.C. section 25(c)(1).
“Mortgage Revenue Bond” means a bond defined by 26 U.S.C. section 143(a).
“Mortgage Revenue Bond Program” means a program defined by 26 U.S.C. section 143(a).
“Nationally Recognized Statistical Rating Organization” means credit rating agencies that satisfy the requirements of 15 U.S.C. section 78(c)(62).
“Open Application Process” means the procedure under which the Committee will evaluate an Application for an award of Allocation that is not competitive. The Committee will not review an incomplete Application except to determine whether the Application is incomplete and notify the Applicant of the deficiency.
“Performance Deposit Certification” means the form titled “Performance Deposit Certification Form for an Application for an Allocation of Qualified Private Activity Bonds” (revised 1-18-12), which is hereby incorporated by reference.
“Placement Agent or Underwriter Statement” means the statement provided by the firm contracted to market the Bonds proposed in the Application that includes a brief paragraph on the firm's history and principals, a summary of the firm's non-binding initial underwriting review, an overview of proposed issuance structure including anticipated debt service coverage ratio, and a statement certifying that the proposed transaction has been initially underwritten and meets the firm's standards for participation.
“Project” means the subject property for which an Application for Allocation has been submitted.
“Project Sponsor” means the entity, or CDLAC authorized affiliate thereof, using the proceeds of a Bond issue to complete the Project described in the Application.
“Project Wage” means the average hourly wage of the jobs created by a Project.
“Public Transit Corridor” means an existing or planned public mass transit guide way or bus way station, or multimodal transportation terminal serving public mass transit operations within one-third mile of the Project.
“Qualified Institutional Buyer (QIB)” means an entity defined by the United States Securities and Exchange Commission in Rule 144A under the Securities Act of 1933.
“Qualified Private Activity Bond” means a Bond that satisfies the requirements of 26 U.S.C. sections 141 et seq.
“Qualified Recovery Zone Bond Issuer” means eligible Issuers of Recovery Zone Bonds including states, political subdivisions as defined for purposes of U.S. Treasury Regulations, Section 103, and entities empowered to issue Bonds on behalf of any such entity under rules similar to those used to determine whether a Bond issued on behalf of a state or political subdivision constitutes an obligation of the state or political subdivision for purposes of U.S. Treasury Regulations, Section 103 and subchapter A, 1.103-1(b), or eligible Issuers in conduit financing issues as defined in U.S. Treasury Regulations, subchapter A, 1.150-1(b). An eligible Issuer may issue Recovery Zone Bonds based on a volume cap allocation received by the eligible Issuer itself or by a conduit borrower or other ultimate beneficiary of the issue of the Bonds.
“Qualified Residential Rental Project (QRRP)” means a qualified residential rental project as defined by 26 U.S.C. section 142(d)(1).
“Qualified Residential Rental Project Pool” means the reserve of the State Ceiling established by the Committee for Qualified Residential Rental Projects.
“Qualifying Bond Default” means a Bond Default in which the final disposition resulted in bondholders involuntarily not being paid in whole or in part.
“Recovery Zone” means an area designated by the local issuing entity defined pursuant to 26 U.S.C. section 1400U-1(b) as meeting one of the following criteria:
• Significant poverty, unemployment, rate of home foreclosures or general distress
• Economically distressed because of military base closure or realignment
• An area which has been designation as an empowerment zone or a renewal community
“Recovery Zone Bond (RZB)” means a Bond issued as a Recovery Zone Economic Development Bonds or a Recovery Zone Facility Bonds.
“Recovery Zone Economic Development Bonds (RZEDB)” means a type of Build America Bond issued before January 1, 2011 in which the Issuer shall receive a credit from the Treasury Department equal to 45% of the interest payment.
“Recovery Zone Economic Development Bond (RZEDB) Reallocation Pool” means the reserve of the amount Deemed Waived by the Committee for reallocation of Recovery Zone Economic Development Bonds.
“Recovery Zone Facility Bonds (RZFB)” means a category of Bonds created by the American Recovery and Reinvestment Act of 2009 (ARRA) that will be treated as Exempt Facility Bond Project as defined per 26 U.S.C. section 142.
“Recovery Zone Facility Bonds (RZFB) Reallocation Pool” means the reserve of the amount Deemed Waived by the Committee for reallocation of Recovery Zone Facility Bonds.
“Regulatory Period and/or Compliance Period” means for projects awarded allocation after December 31, 2016 a period of time enumerated in the CDLAC resolution whereby Annual Applicant Public Benefits and On-going Compliance Self Certification is required to be submitted. For QRRP projects the period of time will be consistent with Section 5192, for IDBs the longer of project completion or 2 years after the project completion if a job creation election is made, and for all other programs when the project is completed or allocation has been utilized.
“Related Party” means the more stringent of the constructive ownership provisions of 26 U.S.C. section 267 or the following:
• The brothers, sisters, spouse, ancestors, and direct descendants of a person;
• A person and corporation where that person owns more than 50% in value of the outstanding stock of that corporation;
• Two or more corporations, general partnership(s), limited partnership(s) or limited liability corporations connected through debt or equity ownership, in which stock is held by the same persons or entities for:
o At least 50% of the total combined voting power of all classes that can vote, or;
o At least 50% of the total value of shares of all classes of stock of each of the corporations, or;
o At least 50% of the total value of shares of all classes of stock of at least one of the other corporations, excluding, in computing that voting power or value, stock owned directly by that other corporation.
• There exists concurrent ownership by a parent or related entity, regardless of the percentage of ownership, or a separate entity from which income is derived;
• There exists concurrent ownership by a parent or related entity, regardless of the percentage of ownership, or a separate entity where a sale-leaseback transaction provides the parent or related entity with income from the property leased or that creates an undue influence on the separate entity as a result of the sale-leaseback transaction;
• There exists concurrent ownership by a parent or related entity, regardless of the percentage of ownership, of a separate entity where an interlocking directorate exists between the parent or related entity and the separate entity.
• A grantor and fiduciary of any trust;
• A fiduciary of one trust and a fiduciary of another trust, if the same person is a grantor of both trusts;
• A fiduciary of a trust and a beneficiary of that trust;
• A fiduciary of a trust and a corporation where more than 50% in value of the outstanding stock is owned by or for the trust or by or for a person who is a grantor of the trust;
• A person or organization and an organization that is tax-exempt under 26 U.S.C. section 501(c)(3) or (4) and that is affiliated with or controlled by that person or the person's family members, as provided in the first bullet of this section, or by that organization;
• A corporation and a partnership or joint venture if the same persons own more than:
o 50% in value of the outstanding stock of the corporation; and o 50% of the capital interest, or the profits' interest, in the partnership or joint venture;
• One S corporation or limited liability corporation and another S corporation or limited liability corporation if the same persons own more than 50% in value of the outstanding stock of each corporation;
• An S corporation or limited liability corporation and a C corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation;
• A partnership and a person or organization owning more than 50% of the capital interest, or the profits' interest, in that partnership; or
• Two partnerships where the same person or organization owns more than 50% of the capital interests or profits' interests.
“Report of Action Taken” means a report provided by and due to the Committee not more than three (3) business days following the use of Allocation to issue Bonds or Mortgage Credit Certificates.
“Report of Action Taken for Bonds” means the specific Report of Action Taken due to the Committee following the use of Allocation for Qualified Private Activity Bonds (excluding RZBs) titled “Report of Action Taken Regarding the Issuance of Private Activity Bonds” (revised 11-16-16), which is hereby incorporated by reference.
“Report of Action Taken for MCCs” means the specific Report of Action Taken due to the Committee following the use of Allocation to issue Mortgage Credit Certificates Bonds titled “Report of Action Taken Regarding Mortgage Credit Certificate Program” (revised 1-11-11), which is hereby incorporated by reference.
“Report of Action Taken for MCCs (Carryforward)” means the specific Report of Action Taken due to the Committee following the use and/or Carryforward of Allocation to issue Mortgage Credit Certificates titled “Report of Action Taken Regarding a Carryforward Election and a Mortgage Credit Certificate Program” (revised 11-11-11), which is hereby incorporated by reference.
“Report of Action Taken for RZBs” means the specific Report of Action Taken due to the Committee following the use of Allocation for RZBs titled “Report of Action Taken Regarding the Issuance of Recovery Zone Bonds” (revised 11-30-18), which is hereby incorporated by reference.
“Restricted Rental Units” means tenant occupied units within a Qualified Residential Rental Project that are restricted to households earning 60% or less of the applicable median family income pursuant to a Bond Regulatory Agreement.
“Rural Project” means a Qualified Residential Rental Project that is a New Construction Project located in a rural area as defined by Health and Safety Code section 50199.21 but shall not include a Mixed Income Project.
“Rural Project Pool” means a reserve within the Qualified Residential Rental Project Pool that may be established by the Committee.
“RZEDB Application” means the Application titled “Application for an Award of American Recovery and Reinvestment Act of 2009 Recovery Zone Economic Development Bonds” (revised 5-5-11), which is hereby incorporated by reference.
“RZFB Application” means the Application titled “Application for an Award of American Recovery and Reinvestment Act of 2009 Recovery Zone Facility Development Bonds” (revised 5-5-11), which is hereby incorporated by reference.
“Single Family Housing Program” means a program satisfying the requirements of 26 U.S.C. section 25 and 26 U.S.C. section 143.
“Single Family Housing Program Bonus Pool” means a reserve within the Single Family Housing Program Pool that may be established by the Committee.
“Single Family Housing Program Pool” means the reserve of the State Ceiling established by the Committee for Single Family Housing Programs.
“Single Family Housing State Issuer” means any state agency that issues Mortgage Revenue Bonds or Mortgage Credit Certificates for Single Family Housing Programs.
“Small-Issue Industrial Development Bond Project” means a Project that meets the requirements for a qualified small-issue Bond as described under 26 U.S.C. section 144.
“Small-Issue Industrial Development Bond Project Pool” means the reservation of the State Ceiling reserved for Small-Issue Industrial Development Bond Projects.
“Sophisticated Investor (SI)”, see Accredited Investor definition.
“Standard Permanent Bonds” means Bonds issued for the purposes of providing permanent Project financing which (i) meet CDLAC's Debt Service Coverage Ratio requirement in Section 5193 or (ii) are not Cash Flow Permanent Bonds.
“State Ceiling” means the amount of Qualified Private Activity Bonds that can be issued in California for each calendar year specified by 26 U.S.C. section 146(d), and the amount reserved to California pursuant to sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 as established by and announced by the Committee in accordance with article 2 of this chapter.
“State Ceiling Pools” means the individual pools created by the Committee and as defined in this chapter.
“Student Loan Program” means a program that meets the requirements for a qualified student loan Bond under 26 U.S.C. section 144(b).
“Student Loan Program Pool” means the reserve of the State Ceiling established by the Committee for Student Loan Programs.
“Supplemental Allocation Pool” means the reserve of the State Ceiling established by the Committee for supplemental allocation on Qualified Residential Rental Projects.
“Taxable Debt” means conventional financing from a major financial institution or taxable Bonds issued by a municipality including but not limited to Build America Bonds or Recovery Zone Bonds.
“TEFRA Resolution (Tax Equity and Fiscal Responsibility Act of 1982)” means an approval by the applicable elected representative of the governmental unit having jurisdiction over the proposed Project, as required by 26 U.S.C. section 147(f), that is documented and includes a certification executed by the applicable elected representative or their designee.
“Travelling Investor Representation Letter” means the certification from initial investor(s) of a Bond offering that they have no present intention of reoffering the Bonds in a subsequent public offering, but may be allow to subsequently transfer the Bonds in a limited offering to another permitted transferee provided the transferee agrees to the same representations.
“U.S. Treasury Designated Recovery Zone Bond Allocation” means Allocation received directly from the federal government pursuant to the American Recovery and Reinvestment Act of 2009.
“Undesignated Reserve Pool” (Pool) means a reserve of the State Ceiling established by the Committee for which there is no demand at the time the Pool is established.
“Verification of Zoning and Local Approvals” means the document by which the appropriate local government planning official having jurisdiction over the Qualified Residential Rental Project certifies at least the following: the Project's name, address, parcel number, housing type, the Project's compliance with all applicable local land use and zoning ordinances, a description of the Project's current zoning, maximum per unit density allowed for the Project's site, and whether the Project has obtained all local and state land use related approvals.
“Veterans Home Loan Program” means a single family housing program administered by the California Department of Veterans Affairs, satisfying the requirements of 26 U.S.C. section 143, and that is restricted to California veterans of military service.
“Welfare-to-Work Plan” means a plan as described by sections 10531, et seq. of the California Welfare and Institutions Code.
“WELL” means a Building Standard, which is a performance-based system for measuring, certifying and monitoring features of the built environment that impacts human health and wellbeing through air, water, nourishment, light, fitness, comfort and mind. WELL is managed and administered by the International WELL Building Institute.
Credits
Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.
History
1. New division 9.5 (chapters 1-9, sections 5000-5550), chapter 1 (articles 1-12, sections 5000-5155), article 1 (section 5000) and section filed 7-12-2010 as an emergency pursuant to Government Code section 8869.94; operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-10-2011 or emergency language will be repealed by operation of law on the following day.
2. New division 9.5 (chapters 1-9, sections 5000-5550), chapter 1 (articles 1-12, sections 5000-5155), article 1 (section 5000) and section refiled 1-6-2011 as an emergency pursuant to Government Code section 8869.94; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New division 9.5 (chapters 1-9, sections 5000-5550), chapter 1 (articles 1-12, sections 5000-5155), article 1 (section 5000) and section refiled 4-1-2011 as an emergency pursuant to Government Code section 8869.94; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of definition of “Qualified Recovery Zone Bond Issuer” (Register 2011, No. 26).
5. Certificate of Compliance as to 4-1-2011 order, including new section heading and amendment of section and Note, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
6. New definition of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification” and amendment of definitions of “Report of Action Taken for Bonds (Carryforward)” and “Report of Action Taken for MCCs” filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of definition of “Performance Deposit Certification” filed 2-3-2012 as an emergency; operative 2-3-2012 (Register 2012, No. 5). A Certificate of Compliance must be transmitted to OAL by 8-1-2012 or emergency language will be repealed by operation of law on the following day.
8. Amendment of definitions of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification,” “Distressed Community” and “Special Designation Area” and repealer of definition of “Redevelopment Project Area” filed 4-4-2012 as an emergency; operative 4-4-2012 (Register 2012, No. 14). A Certificate of Compliance must be transmitted to OAL by 10-1-2012 or emergency language will be repealed by operation of law on the following day.
9. New definition of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification” and amendment of definitions of “Report of Action Taken for Bonds (Carryforward)” and “Report of Action Taken for MCCs” refiled 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
10. Amendment of definition of “Performance Deposit Certification” refiled 8-1-2012 as an emergency; operative 8-1-2012 (Register 2012, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-30-2012 or emergency language will be repealed by operation of law on the following day.
11. New definition of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification” and amendment of definitions of “Report of Action Taken for Bonds (Carryforward)” and “Report of Action Taken for MCCs” refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-4-2012 order transmitted to OAL 9-6-2012 and filed 9-27-2012 (Register 2012, No. 39).
13. Amendment of definition of “Performance Deposit Certification” refiled 10-30-2012 as an emergency; operative 10-30-2012 (Register 2012, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-28-2013 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 8-29-2012 order, including amendment of definitions of “Report of Action Taken for Bonds” and “Report of Action Taken for MCCs,” transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
15. Certificate of Compliance as to 10-30-2012 order transmitted to OAL 1-28-2013 and filed 3-12-2013 (Register 2013, No. 11).
16. Amendment of definition of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification” filed 12-23-2013; operative 12-23-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 52).
17. Amendment of definitions of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification (5-21-14)” and “Distressed Community” and repealer of definition of “Special Designation Area” filed 7-10-2014 as an emergency; operative 7-10-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 7-10-2014 order, including amendment of definitions of “Certification of Compliance (5-21-14),” “Report of Action Taken for Bonds” and “Report of Action Taken for Bonds (Carryforward),” transmitted to OAL 11-26-2014 and filed 1-13-2015; amendments effective 1-13-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 3).
19. Amendment of definitions of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification,” “Applicant,” “Certification of Compliance” and “TEFRA Resolution” and amendment of Note filed 2-4-2016 as an emergency pursuant to Government Code section 8869.94; operative 2-4-2016 (Register 2016, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2016 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-4-2016 order transmitted to OAL 5-4-2016 and filed 6-14-2016 (Register 2016, No. 25).
21. Amendment of definition of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification,” amendment of definition of “Certification of Compliance,” to “Certification of Compliance I,” amendment of definitions of “Competitive Application Process,” “Qualified Residential Rental Project,” “Report of Action Taken for Bond and TEFRA Resolution,” new definitions of “Bond Issuance and Post Issuance Compliance Policies,” “Cash Flow Permanent Bond,” “Certificate of Completion for Non-Qualified Residential Rental Project,” “Certificate of Completion for Qualified Residential Rental Project,” “Certification of Compliance II for Non-Qualified Residential Rental Project,” “Certification of Compliance II for Qualified Residential Rental Projects,” “Federally Bond-Restricted Unit,” “Regulatory Period and/or Compliance Period,” “Standard Permanent Bond,” “Designated Reserve Pool” and “WELL and repealer of definitions of “CIDFAC,” “CIEDB” and “Report of Action Taken for Bonds” filed 12-15-2016 as an emergency pursuant to Government Code section 8869.94; operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-13-2017 or emergency language will be repealed by operation of law on the following day.
22. Editorial correction of definition of “Recovery Zone Bond (RZB)” (Register 2017, No. 22).
23. Refiling of 12-15-2016 action on 5-30-2017 as an emergency, including minor amendments, pursuant to Government Code section 8869.94; operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-12-2017 or emergency language will be repealed by operation of law on the following day.
24. Reinstatement of section as it existed prior to 12-15-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 38).
25. Amendment of definitions of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification,” “Bond Regulatory Agreement” and “State Ceiling” and new definitions of “CSFA” and “Qualified Public Educational Facility Bond Pool” filed 10-9-2017 as an emergency; operative 10-9-2017 (Register 2017, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-9-2018 or emergency language will be repealed by operation of law on the following day.
26. Amendment filed 10-13-2017; operative 10-13-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
27. Amendment of former definition of “Placement Agent Statement” as new definition of “Placement Agent or Underwriter Statement” filed 12-1-2017 as an emergency; operative 12-1-2017 (Register 2017, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-30-2018 or emergency language will be repealed by operation of law on the following day.
28. Amendment of definitions of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification,” “Bond Regulatory Agreement” and “State Ceiling” and new definitions of “CSFA” and “Qualified Public Educational Facility Bond Pool” refiled 4-9-2018 as an emergency; operative 4-9-2018 (Register 2018, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-9-2018 or emergency language will be repealed by operation of law on the following day.
29. Amendment of former definition of “Placement Agent Statement” as new definition of “Placement Agency or Underwriter Statement” refiled 5-25-2018 as an emergency; operative 5-31-2018 (Register 2018, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-29-2018 or emergency language will be repealed by operation of law on the following day.
30. Amendment of definitions of “Annual Applicant Public Benefits and Ongoing Compliance Self-Certification,” “Bond Regulatory Agreement” and “State Ceiling” and new definitions of “CSFA” and “Qualified Public Educational Facility Bond Pool” refiled 7-2-2018 as an emergency; operative 7-2-2018 (Register 2018, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 or emergency language will be repealed by operation of law on the following day.
31. Certificate of Compliance as to 5-25-2018 and 7-2-2018 orders, including amendment of definition of “Certification of Compliance II for Non-Qualified Residential Rental Projects,” transmitted to OAL 8-9-2018 and filed 9-21-2018; amendments effective 9-21-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
32. Change without regulatory effect repealing definitions of “CIDFAC,” “Eligible QEBC Reallocation Applicant,” “Eligible QEBC Reallocation Issuer,” “Qualified Energy Conservation Bond,” “Qualified Energy Conservation Bond Reallocation Pool” and “Small Business Program” and amending definitions of “Deemed Waived,” “Job Creation,” “Plan of Issuance,” “Report of Action Taken for Bonds,” “Report of Action Taken for RZBs” and “Taxable Debt” filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).
33. Amendment of definition of “Mixed-Income Project” filed 11-4-2019 as an emergency; operative 11-4-2019 (Register 2019, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-4-2020 or emergency language will be repealed by operation of law on the following day.
34. Amendment of definition of “Competitive Application Process” filed 2-19-2020 as an emergency; operative 2-19-2020 (Register 2020, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2020 or emergency language will be repealed by operation of law on the following day.
35. Amendment of definition of “Restricted Rental Units” filed 5-22-2020 as an emergency pursuant to Government Code section 8869.94; operative 5-22-2020 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-18-2020 or emergency language will be repealed by operation of law on the following day.
36. Emergency filed 5-22-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-71-20 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 3-22-2021 or emergency language will be repealed by operation of law on the following day.
37. Amendment of definition of “Mixed-Income Project” refiled 5-26-2020 as an emergency; operative 7-6-2020 (Register 2020, No. 22). A Certificate of Compliance must be transmitted to OAL by 10-5-2020 or emergency language will be repealed by operation of law on the following day.
38. Emergency filed 5-26-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 22). A Certificate of Compliance must be transmitted to OAL by 12-5-2020 or emergency language will be repealed by operation of law on the following day.
39. Amendment of definition of “Mixed Income Project” filed 6-9-2020 as an emergency; operative 6-9-2020 (Register 2020, No. 24). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-5-2021 or emergency language will be repealed by operation of law on the following day.
40. Emergency filed 2-19-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-71-20 (Register 2020, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-15-2020 or emergency language will be repealed by operation of law on the following day.
41. Editorial correction of History 35 and History 36 (Register 2020, No. 44).
42. Amendment of definition of “Competitive Application Process” refiled 12-14-2020 as an emergency; operative 12-14-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-13-2021 or emergency language will be repealed by operation of law on the following day.
43. Amendment deleting definitions of “Deemed Waived,” “Mixed Income Project Pool,” “Net Proceeds,” “Plan of Issuance” and “Qualified Business” and amending definitions of “Distressed Community,” “Mixed Income Project” and “Rural Project” filed 2-1-2021 as an emergency pursuant to Governmental Code section 8869.94; operative 2-1-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 6). 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.
44. Reinstatement of section as it existed prior to 6-9-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2021, No. 15).
45. Refiling of 6-9-2020 order on 4-5-2021 as an emergency, with inclusion of amendments from 2-1-2021 order; operative 4-5-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 15). A Certificate of Compliance must be transmitted to OAL by 11-8-2021 or emergency language will be repealed by operation of law on the following day.
46. Repealer of 5-22-2020 emergency amendments by operation of Government Code section 11346.1(f) (Register 2021, No. 17).
47. Amendment of definitions of “Bond Regulatory Agreement” and “State Ceiling” and repealer of definition of “Qualified Public Educational Facility Bond Pool” filed 5-10-2021 as an emergency; operative 5-10-2021 (Register 2021, No. 20). Emergency expiration extended 60 calendar days pursuant to Executive Order N-40-20 plus an additional 60 calendar days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-8-2022 or emergency language will be repealed by operation of law on the following day.
48. Amendment of definition of “Competitive Application Process” refiled 7-6-2021 as an emergency; operative 7-14-2021 (Register 2021, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-12-2021 or emergency language will be repealed by operation of law on the following day.
49. Amendment of definition of “Competitive Application Process” refiled 10-7-2021 as an emergency; operative 10-13-2021 (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-11-2022 or emergency language will be repealed by operation of law on the following day.
50. Refiling of 5-22-2020, 2-1-2021 and 4-5-2021 orders, including amendment of definitions of “Mixed Income Project” and “Restricted Rental Units,” on 12-3-2021 as an emergency; operative 12-3-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-3-2022 or emergency language will be repealed by operation of law on the following day.
51. Certificate of Compliance as to 5-10-2021, 10-7-2021, and 12-3-2021 orders, including further amendment of definition of “Mixed Income Project,” transmitted to OAL 4-11-2022 and filed 5-23-2022; amendments operative 5-23-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 21).
52. Amendment of definition of “Competitive Application Process” and new definition of “Supplemental Allocation Pool” filed 8-1-2022 as an emergency; operative 8-1-2022 (Register 2022, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency language will be repealed by operation of law on the following day.
53. Amendment of definition of “Competitive Application Process” and new definition of “Supplemental Allocation Pool” refiled 2-9-2023 as an emergency; operative 2-9-2023 (Register 2023, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-10-2023 or emergency language will be repealed by operation of law on the following day.
54. Certificate of Compliance as to 2-9-2023 order, including further amendment of definition of “Competitive Application Process,” transmitted to OAL 4-18-2023 and filed 5-31-2023; amendments effective 5-31-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 22).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 4, § 5000, 4 CA ADC § 5000
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