California Code of Regulations
Title 4 - Business Regulations
Division 11 - California Pollution Control Financing Authority
Article 3 - General Provisions Relating to Authority Actions
Section 8034 - General Fees
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Authority charges the following fees for reasonable and necessary administrative and program expenses connected with the sale of bonds:
(a) Where the financing requested is not eligible for allocation of volume cap pursuant to 26 U.S.C. Section 146, the Authority charges a fee for reasonable and necessary administrative and program expenses connected with the sale of the bonds. For an applicant who is not a small business as defined in Section 8020, the fee shall be one tenth of one percent (.001) of the face value of the bonds issued. In addition, the Authority will charge an annual fee each year for the life of the financial assistance in the amount of five one-hundredths of one percent (.0005) of the remaining balance of the financial assistance, with a minimum annual fee of $1,000 and a maximum annual fee of $75,000.
(b) In all other financings, the fee shall be two tenths of one percent (.002) of the face value of the bonds issued.
(c) The applicant shall also reimburse the Authority for all reasonable and necessary out of pocket expenses which the Authority may incur at the applicant's request and all other expenses direct or indirect, properly allocable to the proposed financing. Unless paid out of the proceeds of the bonds issued, all fees for a particular proposed financing shall be paid by the applicant and deposited in the Authority Fund. The Authority shall be authorized to use general fees deposited in the Authority Fund to support Authority programs, including, but not limited to, the Capital Access Loan Program authorized by Article 7 of this Division 11.
(d) Notwithstanding subsection (a) and (b), for applications received after July 1, 2016, where the financing requested by a small business applicant is a refunding of a prior sale of bonds previously issued by the Authority and the refunding is included as part of an application which also requests new financing that is greater than the amount refunded by the small business applicant for a new proposed project, the Authority shall have the discretion to charge the small business applicant the Authority's reasonable and necessary expenses allocable to the refunding request in lieu of the fee described in subsection (b) normally applicable to refundings.
1. Amendment
filed 9-15-94; operative 9-15-94 pursuant to Government Code section
11346.2(d)
(Register 94, No. 37).
2. Amendment filed 9-10-96; operative
10-10-96 (Register 96, No. 37).
3. Amendment filed 12-18-2000 as an
emergency pursuant to Health and Safety Code section
44520;
operative 1-1-2001 (Register 2000, No. 51). A Certificate of Compliance must be
transmitted to OAL by 7-2-2001 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance
as to 12-18-2000 order transmitted to OAL 6-14-2001 and filed 7-26-2001
(Register 2001, No. 30).
5. Amendment filed 10-27-2009 as an
emergency; operative 10-27-2009 (Register 2009, No. 44). A Certificate of
Compliance must be transmitted to OAL by 4-26-2010 or emergency language will
be repealed by operation of law on the following day.
6.
Reinstatement of section as it existed prior to 10-27-2009 emergency amendment
by operation of Government Code section
11346.1(f)
(Register 2010, No. 18).
7. Amendment refiled 4-29-2010 as an
emergency; operative 4-29-2010 (Register 2010, No. 18). A Certificate of
Compliance must be transmitted to OAL by 7-28-2010 or emergency language will
be repealed by operation of law on the following day.
8. Amendment
refiled 7-13-2010 as an emergency; operative 7-13-2010 (Register 2010, No. 29).
A Certificate of Compliance must be transmitted to OAL by 10-11-2010 or
emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 7-13-2010 order transmitted
to OAL 9-23-2010 and filed 11-4-2010 (Register 2010, No. 45).
10.
New subsection (d) filed 12-26-2013 as an emergency; operative 12-26-2013
(Register 2013, No. 52). A Certificate of Compliance must be transmitted to OAL
by 6-24-2014 or emergency language will be repealed by operation of law on the
following day.
11. Certificate of Compliance as to 12-26-2013 order,
including further amendment of subsection (d), transmitted to OAL 5-7-2014 and
filed 6-13-2014; amendments effective 6-13-2014 pursuant to Government Code
section
11343.4(b)(3)
(Register 2014, No. 24).
12. Amendment of subsection (d) filed
6-29-2016 as an emergency; operative 6-29-2016 (Register 2016, No. 27). A
Certificate of Compliance must be transmitted to OAL by 12-27-2016 or emergency
language will be repealed by operation of law on the following
day.
13. Certificate of Compliance as to 6-29-2016 order transmitted
to OAL 11-22-2016 and filed 1-9-2017 (Register 2017, No. 2).
Note: Authority cited: Section 44520, Division 27, Health and Safety Code. Reference: Sections 44520, 44525 and 44537.5, Division 27, Health and Safety Code.
