California Code of Regulations
Title 14 - Natural Resources
Division 4 - Division of Boating and Waterways
Chapter 1 - Division of Boating and Waterways
Article 1.1 - Public Small Craft Harbor Loan Regulations
Section 5104 - Priority

Universal Citation: 14 CA Code of Regs 5104

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

When considering applications, the department shall, in addition to priorities set forth in the Harbors and Navigation Code, rank applications based upon the following:

(a) First priority shall be given to projects based upon issues of the health and safety of boaters using the facilities.

(b) Next, priority shall be given to projects currently receiving phased funding from the department.

(c) Next, priority shall be given based upon availability of matching funds.

(d) Next, priority shall be given based upon relative demand for facilities in the same market area, as determined by the department. Consideration shall be given to:

(1) Population size of the market area.

(2) Similar facilities in the market area.

(3) Boating activity in the market area.

(e) Next, priority shall be given to small craft harbor improvement projects that include restroom facilities, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials. The standard to be followed by the department in ranking loan applications under this subdivision is the cumulative level of service provided by the small craft harbor for the aforementioned facilities.

(f) In the event that a priority between applications cannot be established by Subsections (a) through (e), priority shall be given to applicants with greatest ability to repay the loan.

(1) Evaluation of the applicant's ability to repay shall be based on the applicant's audited financial statements for the previous three years, if available.

(2) If financial statements are not available, the applicant will provide other information acceptable to the department which establishes a financial ability to repay the loan.

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). For prior history see Register 85, No. 26.
2. New subsection (e), subsection relettering and amendment of newly designated subsection (f) filed 11-14-2006; operative 12-14-2006 (Register 2006, No. 46).

Note: Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. Reference: Sections 71.4, 85.2 and 87, Harbors and Navigation Code.

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