California Code of Regulations
Title 4 - Business Regulations
Division 11 - California Pollution Control Financing Authority
Article 7 - Capital Access Program for Small Businesses
Section 8078.3 - Definitions

Universal Citation: 4 CA Code of Regs 8078.3

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

In addition to the definitions in Section 8070, the following definitions shall apply only to the Electric Vehicle Charging Station Financing Program.

(a) "Borrower Rebate" means a payment made to a Borrower from the Participating Financial Institution's Loan Loss Reserve Account upon a valid claim made pursuant to Section 8078.7.

(b) "CEC" and "Energy Commission" means the California Energy Commission.

(c) "Disadvantaged Communities" means the top twenty five (25) percent of communities that are disproportionately affected by environmental pollution and socioeconomic characteristics as described by CalEnviroScreen 2.0 Tool. [FN1]

(d) "Electric Vehicle Charging Station" or "EVCS" means an element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles.

(e) "EVCS supply equipment" means equipment which meets the minimum technical requirements set by the Energy Commission as follows:

(1) Direct current fast chargers shall utilize:
(A) Either the CHAdeMO standard, or SAE combination standard, or a combination of both; and

(B) An open standard protocol for purposes of network interoperability.

(2) Level 2 charging equipment shall utilize:
(A) The SAE J1772 standard; and

(B) An open standard protocol for purposes of network interoperability.

(3) Open standard protocol is waived for medium- and heavy-duty EVCS supply equipment.

(f) "Eligible Project Costs" means the amount to pay for acquisitions and services necessary and allocable to the installation and operation of one or more EVCSs in the State of California as allowed by the Energy Commission, specifically:

(1) The design and development of EVCS in locations accessible to either the Borrower's employees, the Borrower's tenants if in an Multi-Unit Dwelling (MUD), or the public generally;

(2) The acquisition of EVCS supply equipment, electric panel or grid improvements, materials and supplies (including conduit and construction materials), signage, and hardware and software necessary and allocable for fully operational charging station(s);

(3) Labor necessary and allocable to install fully operational charging station(s); and

(4) The costs for operating, servicing and maintaining the EVCS during the term of the loan, if the Borrower's primary business is not EVCS installation, operation or manufacturing.

(g) "Multi-Unit Dwelling" or "MUD" means a classification of housing where multiple housing units are contained within one building or multiple buildings within a complex or community. Common types of MUDs include duplexes, townhomes, and apartments, mobile homes and manufactured-home parks.

(h) "Program" means the Electric Vehicle Charging Station Financing Program established pursuant to the Interagency Agreement between the Authority and the Energy Commission. Where the term "Program" is used in Sections 8078.3 to 8078.7, inclusive, the definition provided in this subdivision shall be used instead of the definition provided in Section 8070(r).

(i) "Qualified Business" means any entity eligible under section Health and Safety Code section 44559.1(i) and (m) that together with its affiliates has 1,000 or fewer employees, and that is not dominant in its field of operation. Where the term "Qualified Business" is used in Sections 8078.3 to 8078.7, inclusive, the definition provided in this subdivision shall be used instead of the definition provided in Section 8070(t).

(j) "Qualified Loan" means a loan or a portion of a loan made by a Participating Financial Institution to a Qualified Business where the loan proceeds are for Eligible Project Costs for the installation and operation of one or more EVCS. "Qualified Loan" does not include any of the following:

(1) A loan for the construction or purchase of residential housing;

(2) A loan to finance Passive Real Estate Ownership;

(3) A loan for the refinancing of debt already held by the Participating Financial Institution other than a prior Qualified Loan enrolled under the Program, except to the extent of any increase in the outstanding balance;

(4) Any loan, the proceeds of which will be used to install EVCS at any of the facilities described in Section 8070(u)(4)(A);

(5) Any loan or portion thereof to the extent the same loan or portion thereof has been, is being, or will be enrolled in any other government program substantially similar to the Program; and

(6) Any loan where the total amount or value of loans enrolled in the Program by the Borrower exceeds $500,000.

Where the term "Qualified Loan" is used in Sections 8078.3 to 8078.7, inclusive, the definition provided in this subdivision shall be used instead of the definition provided in Section 8070(u).

(k) "Trustee" means a bank or trust company, or the State Treasurer, chosen by CPCFA from time to time to hold or administer some or all of the Program Accounts.

__________

[FN1]

http://www.oehha.ca.gov/ej/ces2.html

1. New section filed 3-30-2015 as an emergency; operative 3-30-2015 (Register 2015, No. 14). A Certificate of Compliance must be transmitted to OAL by 9-28-2015 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of footnote (Register 2015, No. 45).
3. Certificate of Compliance as to 3-30-2015 order transmitted to OAL 9-21-2015 and filed 11-2-2015 (Register 2015, No. 45).
4. Amendment of subsections (i), (j)(4) and paragraph following (j)(6) filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and Safety Code section 44520(b) (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day, pursuant to Health and Safety Code section 44520(b).
5. Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and filed 3-15-2018 (Register 2018, No. 11).
6. Change without regulatory effect amending subsections (h), (i), (j)(4) and (j)(6) filed 11-20-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 47).

Note: Authority cited: Sections 44520, 44559.5(f) and 44559.11(b), Health and Safety Code. Reference: Sections 44559.1, 44559.3, 44559.5 and 44559.11, Health and Safety Code.

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