Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The word or words used in this chapter
have the following meanings whenever the first letter of the word is
capitalized.
(1) "Administrative Support"
means the staff that provides office management, accounting, and/or data
collection for the Project.
(2)
"Applicant" means an approved registered user of the Department's Grant
Management System (GMS) who submits an Application.
(3) "Application" means the electronically
submitted request for a Grant under the Cannabis Tax Fund Grant Program, which
is hereby incorporated by reference, including all supporting information, as
defined in Section
1890.01 of these
regulations.
(4) "Audit" means a
systematic and comprehensive inspection, evaluation, and verification of a
Grantee's financial management systems, internal controls, and accounts in
accordance with Generally Accepted Auditing Standards, issued by the United
States General Accounting Office that was developed by the American Institute
of Certified Public Accountants located at
www.gao.gov.
(5) "Audit Report" means a report of
determination of compliance or non-compliance with the requirements of the
Grant program, Grant Agreement, and these regulations as a result of an
Audit.
(6) "Award" means
acknowledgement of approved funds to provide support or stimulation to
accomplish the objectives and goals of a Project.
(7) "Budget" means the approximate cost of
the Project, prepared for expense and planning purposes only.
(8) "Cannabis Products" means cannabis that
has undergone a process whereby the plant material has been transformed into a
concentrate including, but not limited to, concentrated cannabis or an edible
or topical product containing cannabis or concentrated cannabis and other
ingredients as defined in Section
11018.1
of the Health and Safety Code.
(9)
"Closeout" means the process by which the Department determines that all
necessary administrative actions and all required Grant activities have been
completed by the Grantee.
(10)
"Contract" means a legally binding agreement between the Grantee and a person
and/or organization for the purchase of materials, services, and/or items
required to carry out a Grant funded Project.
(11) "Department" as used herein, means the
Department of the California Highway Patrol.
(12) "Education" means comprehensive programs
that provide information to the public regarding impaired driving laws and the
dangers of impaired driving.
(13)
"Equipment" means Grant purchased, non-expendable, tangible, personal property
having a normal useful life of more than one year and an acquisition cost of at
least $5,000 or more per asset (i.e., four identical assets which cost $1,250
each, for a $5,000 total, would not meet the definition). Assets under $5,000
would be considered operational costs as defined in Section
1890.03 of these
regulations.
(14) "Evaluation
Criteria" means the standards set forth by the Department for the use in
scoring and ranking Project Applications with the intent of awarding Cannabis
Tax Fund Grant funds as defined in Section
1890.12 of these
regulations.
(15) "GMS" means the
Department's web-based Grant Management System, which is an interactive
database used for Application submission and Project administration.
(16) "Grant" means fiscal funding awarded by
the Department to qualified organizations as authorized and defined in Section
34019(f)(3)(B) Revenue and Taxation Code and these regulations.
(17) "Grantee" means a recipient of Grant
funding which can include a Pass-Through Entity.
(18) "Grant Agreement" means a binding
document entered into between the Department and a Grantee, which sets forth
the terms and conditions of a Project.
(19) "Grant Opportunity" means a funding
opportunity for a specific Project category within the GMS.
(20) "Law Enforcement" means a city or county
governmental organization as defined in Section
830.1 of the
California Penal Code, excluding Section
830.1(b)
of the California Penal Code.
(21)
"Local Government" means a governmental organization that is responsible for
the oversight and administration of city, county, or district functions, to
include city and/or county crime laboratories, local district attorneys and
local city attorneys charged with prosecuting violations of Sections
23152 and
23153 of the
California Vehicle Code.
(22)
"Method of Evaluation" means the criteria used to assess the Project and is an
element within the electronic Application in the Department's GMS.
(23) "Notice of Award" means a written
confirmation given to an Applicant that the Department intends to Award a Grant
Agreement.
(24) "Pass-Through
Entity" means a Local Government Law Enforcement agency Grant recipient that
provides funding to a Qualified Nonprofit recipient. The Pass-Through Entity
shall include funding for the contractor under contractual services within its
Grant Application.
(25)
"Performance Measures" means the quantifiable indicators used to assess how
well the objectives are being achieved and are an element within the electronic
Application in the Department's GMS which will be given a score.
(26) "POST" means the Commission on Peace
Officer Standards and Training, which sets minimum selection and training
standards for California Law Enforcement.
(27) "Problem Statement" means the brief
description of the problem and the metric used to describe the problem and is
an element within the electronic Application in the Department's GMS which will
be given a score.
(28) "Project"
means the activities and deliverables described in the Project Application to
be accomplished through a Grant Agreement with funding.
(29) "Project Deliverables" means the
specific tangible outcomes or work products to be provided, acquired, or
produced with the funds made available pursuant to the Grant Agreement.
Examples include: the production of a specified number of brochures, purchase
of specified Equipment, completion of research resulting in a written report,
conducting specified enforcement operations, and Projects that result in a
report or reports including any related specified documents.
(30) "Qualified Nonprofit" means a
nongovernmental California-based organization registered as and having current
tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code
(IRC) and has identified a Pass-Through Entity to apply on their behalf. The
Qualified Nonprofit will be considered a contractor.
(31) "Request for Application" means a
request for Application submissions for a Grant Opportunity that is on the
Department's Web site at
www.chp.ca.gov.
(32) "Site Visit" means an examination of the
entity's physical and/or activity site made by Department staff. It includes
the general observation of the overall conditions of the area, appraisal of
compliance, interviewing personnel, reviewing supporting documentation, and
examining the operability of specific works.
1. New
chapter 13 (articles 1-4, sections 1890.00-1890.27), article 1 (sections
1890.00-1890.04) and section filed 8-13-2020; operative 8-13-2020 pursuant to
Government Code section
11343.4(b)(3)
(Register 2020, No. 33).
Note: Authority cited: Section
2402, Vehicle
Code; and Section
34019,
Revenue and Taxation Code. Reference: Sections
34010,
34011,
34012,
34012.1,
34012.5,
34013,
34014,
34015,
34016,
34017,
34018,
34019,
34019.5,
34020,
34021
and
34021.5,
Revenue and Taxation Code; and United States Code, Title 26 Internal Revenue
Code Section 501(c)(3).