California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 7 - Department of Housing and Community Development Programs
Subchapter 21 - Enterprise Zone Program
Article 3 - Enterprise Zone Designation Process-General
Section 8439.1 - Enterprise Zone Designation Process

Universal Citation: 25 CA Code of Regs 8439.1

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

(a) The regulations contained in this chapter govern the establishment of enterprise zones pursuant to the Enterprise Zone Act, Government Code sections 7070 et seq.

(b) The Agency shall designate a maximum of twenty-five (25) enterprise zones, in addition to two small cities enterprise zones and two SB1438 zones. Pursuant to Government Code section 7073.9, the Agency shall designate two small cities enterprise zones. Pursuant to Government Code section 7073.7, the Agency shall designate two SB1438 zones. The four shall be in addition to the 25 previous designated. Except for the small cities and SB1438 designations, the Agency shall select a maximum of twenty (20) preliminary applications during each designation process to complete a final application, and from the final applications, the Agency shall designate up to eight (8) enterprise zones during each designation process. The Agency shall select a maximum of five (5) preliminary applications for designation of small cities enterprise zones and SB1438 zones, and shall conditionally designate two of the final applicants.

(c) The Agency shall designate an application area as an enterprise zone provided each of the following requirements is satisfied:

(1) A city, county or city and county submits a preliminary application to the Agency, or in the case of a small cities enterprise zone, a small city submits an application;

(2) The application area contains an eligible area and includes:
(A) a commercial area contained within or contiguous to the eligible area; and/or

(B) an industrial area contained within or adjacent to the eligible area;

(3) The preliminary applicant has been selected by the Agency to complete a final application; and

(4) The Agency has awarded the final applicant both conditional and final designation status.

1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Amendment of subsections (b) and (c)(1) filed 5-24-94 as an emergency; operative 5-24-94 (Register 94, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-21-94 pursuant to Government Code section 7076 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsections (b) and (c)(1) as they existed prior to emergency amendment filed 2-6-95 by operation of Government Code section 11346.1(f) (Register 95, No. 6).
6. Amendment of subsections (b) and (c)(1) filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
7. Amendment of subsection (b) and NOTE filed 7-10-95 as an emergency; operative 7-10-95 (Register 95, No. 28). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-10-95 order transmitted to OAL 9-12-95 and filed 10-18-95 (Register 95, No. 42).
9. Change without regulatory effect renumbering title 10, section 5600.1 to title 25, section 8439.1 filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).

Note: Authority cited: Sections 7073, 7076 and 7085, Government Code. Reference: Sections 7073, 7073.5, 7073.7, 7073.9 and 7076, Government Code.

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