California Code of Regulations
Title 4 - Business Regulations
Division 11 - California Pollution Control Financing Authority
Article 9 - California Recycle Underutilized Sites (Cal Reuse) Program
Subarticle 1 - Calreuse Brownfield Assessment Program
Section 8098 - Strategic Partner Reports and Records Retention

Universal Citation: 4 CA Code of Regs 8098

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

(a) A Strategic Partner shall provide the following quarterly reports to the Authority no later than the fifteenth day of April, July, October, and January for the quarters ending in March, June, September and December, respectively:

(1) Applications Received Report. This report shall include the following information:

(A) A listing of identified Brownfield Projects for which Applications have been submitted and for which funding is anticipated during the next six months.

(B) Identification of whether proposed Brownfield Projects are located in Economically Distressed Communities.

(2) Request for Funds Report. This report shall include the following information for each Brownfield Project to be funded during the next three months:

(A) A description of the Brownfield Project.

(B) Identification of whether the Brownfield Project is located in an Economically Distressed Community.

(D) Identification of whether the Applicant qualifies as a Small Business.

(E) Requested Loan amount for Brownfield Project.

(F) Description of Eligible Costs to be funded for the Brownfield Project.

(G) Proposed Loan term.

(H) Description of Match for the Brownfield Project including the source and amount of Match.

(I) Identification of total amount of loan funds requested for the quarter.

(3) Brownfields Projects Status Report. This report shall describe the current status of each Brownfield Project for which a Loan (including a Loan for which the Strategic Partner is the Borrower) remains outstanding including:

(A) A description of activities performed at the Brownfield for the previous three months.

(B) A statement of whether the Strategic Partner has received the Final Report and, if so, a summary of the Final Report that was received during the previous three months.

(4) Outstanding Loans Report. This report shall describe the current repayment status of every Loan (including a Loan where the Strategic Partner is the Borrower) including:

(A) Name of Borrower.

(B) Identification of whether the Borrower is a Small Business.

(D) Name of Brownfield Project.

(E) Street Address of the Brownfield.

(F) Draw down on Match.

(G) Current payments.

(H) Total Loan repayment status.

(I) If a Loan is extended:

(i) The date that the Loan was extended, and

(ii) The current Loan amount and term.

(J) If a Loan is a Forgiven Loan:

(i) The date that the Loan was forgiven, and

(ii) The amount forgiven.

(5) Other reports and documents as reasonably requested by the Authority.

(b) Brownfields Development Status Report. A Strategic Partner shall provide an annual report to the Authority that shall describe the current status of the development of each Brownfield for which a Loan (including a Loan where the Strategic Partner is the Borrower) was made including:

(1) A description of the proposed use for the Brownfield.

(2) A detailed description of development activities performed at the Brownfield for the previous year.

(3) Upon completion of development of the Brownfield, a description of the final use for the property.

(c) Records Retention. A Strategic Partner shall retain the Application, all documents that were submitted by the Borrower with the Application, and all documents pertaining to the Loan and the Brownfield Project for at least six years after the later of the termination of the Loan, or the completion of actions and the resolution of all issues, that arise as a result of any litigation, claim, negotiation or audit concerning the Loan Agreement or an agreement executed pursuant to Section 8097(c)(1).

1. New section filed 8-13-2001 as an emergency; operative 8-13-2001 (Register 2001, No. 33). Pursuant to Health and Safety Code section 44520, a Certificate of Compliance must be transmitted to OAL by 2-11-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-13-2001 order, including repealer of subsection (a)(1)(D), transmitted to OAL 2-8-2002 and filed 3-21-2002 (Register 2002, No. 12).
3. Amendment of subsections (a), (a)(1)(B), (a)(2)(B) and (a)(3)(B)-(C) and amendment of NOTE filed 2-29-2008 as an emergency; operative 2-29-2008 (Register 2008, No. 9). Pursuant to Health and Safety Code section 44520(b), a Certificate of Compliance must be transmitted to OAL by 8-27-2008 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a), (a)(1)(B), (a)(2)(B) and (a)(3)(B)-(C) and amendment of NOTE refiled 8-25-2008 as an emergency; operative 8-27-2008 (Register 2008, No. 35). Pursuant to Health and Safety Code section 44520(b), a Certificate of Compliance must be transmitted to OAL by 11-24-2008 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a), (a)(1)(B), (a)(2)(B) and (a)(3)(B)-(C) and amendment of NOTE refiled 11-24-2008 as an emergency; operative 11-24-2008 (Register 2008, No. 48). Pursuant to Health and Safety Code section 44520(b), a Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-24-2008 order transmitted to OAL 1-7-2009 and filed 2-23-2009 (Register 2009, No. 9).

Note: Authority cited: Section 44520, Health and Safety Code. Reference: Sections 44501, 44502, 44504.1, 44505, 44506, 44507, 44508, 44520, 44525.7, 44526(h), 44526(i), 44537.5, 44548(a), 44548(b), 53545 and 53545.14, Health and Safety Code.

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