California Code of Regulations
Title 4 - Business Regulations
Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws
Chapter 1 - Federal and State Low-Income Housing Tax Credit
Section 10305 - General Provisions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Meetings. The Committee shall meet on the call of the Chairperson.
(b) Report. At each meeting of the Committee at which Tax Credit reservations from the Credit Ceiling are made, the Executive Director shall make a report to the Committee on the status of the Federal and State Tax Credits reserved and allocated.
(c) Forms. CTCAC shall develop such forms as are necessary to administer the programs and is authorized to request such additional information from applicants as is appropriate to further the purposes of the Programs. Failure to provide such additional information may cause an application to be disqualified or render a reservation null and void.
(d) Tax Credit Limitations. No applicant shall be eligible to receive Tax Credits if, together with the amount of Federal or State Tax Credits being requested, the applicant would have, in the capacity of individual owner, corporate shareholder, general partner, sponsor, or developer, received a reservation or allocation greater than fifteen percent (15%) of the total Federal Credit Ceiling for any calendar year, calculated as of February first of the calendar year.
(e) Notification. Upon receipt of an application, CTCAC shall notify the Chief Executive Officer (e g., city manager, county administrative officer, tribal chairperson) of the local jurisdiction within which the proposed project is located and provide such individual an opportunity to comment on the proposed project (IRC Section 42(m)(1)(ii)).
(f) Conflicting provisions. These regulations shall take precedence with respect to any and all conflicts with provisions of the QAP or other guidance provided by the Committee. This subsection shall not be construed to limit the effect of the QAP and other guidance in cases where said documents seek to fulfill, without conflict, the requirements of federal and state statutes pertaining to the Tax Credit Programs.
(g) The Committee may, at its sole discretion, reject an application if the proposed project fails to meet the minimum point requirements established by the Committee prior to that funding round. The Committee may establish a minimum point requirement for competitive rounds under either Section 10325 or 10326.
(h) Notwithstanding any other provision of these regulations, only projects receiving a tax-exempt bond allocation from CDLAC shall be eligible for the State Tax Credits allocated pursuant to subsection (g)(1)(B) of Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code and the applicant criteria shall be applied in accordance with Section 10326. Up to two hundred million dollars ($200,000,000) may be allocated for housing financed by CalHFA's Mixed-Income Program, and this amount may be reduced upon agreement of the Executive Directors of CalHFA and CTCAC.
1. New section
filed 7-30-90 as an emergency; operative 7-17-90 (Register 90, No. 41). A
Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency
language will be repealed by operation of law on the following day. This action is
not subject to review by OAL (Health and Safety Code section 50199.17). For prior
history, see Register 89, No. 2.
2. Readoption as an emergency of action
originally filed as emergency on 7-30-90 filed 11-26-90; operative 11-13-90
(Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by
3-26-91 or emergency language will be repealed by operation of law on the following
day.
3. Readoption of emergency action filed 11-26-90, filed 1-4-91 as an
emergency; operative 12-18-90 pursuant to Health and Safety Code section
50199.17
(Register 91, No. 8). The regulation will be repealed by operation of law on 4-17-91
unless, before that date the committee has completed the adoption process pursuant
to Health and Safety Code section
50199.17(b).
4.
Readoption of emergency actions filed 11-26-90 and 1-4-91 as an emergency filed
4-19-91 as an emergency; operative 3-28-91 pursuant to Health and Safety Code
section
50199.17
(Register 91, No. 21). A Certificate of Compliance must be transmitted to OAL on
7-26-91 or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 3-28-91 order transmitted to OAL
7-16-91 and filed 8-15-91 pursuant to Health and Safety Code section
50199.17(b)
(Register 91, No. 48).
6. Repealer and new section filed 7-1-92 as an
emergency; operative 5-15-92 (Register 92, No. 28). A Certificate of Compliance must
be transmitted to OAL by 11-2-92 or emergency language will be repealed by operation
of law on the following day.
7. Repealer and new section refiled 11-9-92
as an emergency; operative 8-31-92 (Register 92, No. 46). A Certificate of
Compliance must be transmitted to OAL 3-9-93 or emergency language will be repealed
by operation of law on the following day.
8. Repealer and new section
refiled 1-28-93 as an emergency; operative 12-29-92 (Register 93, No. 5). A
Certificate of Compliance must be transmitted to OAL 5-28-93 or emergency language
will be repealed by operation of law on the following day.
9. Repealer
and new section refiled 6-15-93 as an emergency; operative 4-2-93 pursuant to Health
and Safety Code section
50199.17
(Register 93, No. 25). A Certificate of Compliance must be transmitted to OAL by
7-31-93 or emergency language will be repealed by operation of law on the following
day.
10. Repealer and new section refiled 10-6-93, with amendment of
subsection (c), as an emergency; operative 7-21-93 pursuant to Health and Safety
Code section
50199.17
(Register 93, No. 41). A Certificate of Compliance must be transmitted to OAL by
11-18-93 or emergency language will be repealed by operation of law on the following
day.
11. Editorial correction of HISTORY 9 (Register 93, No.
41).
12. Repealer and new section refiled 12-20-93 as an emergency;
operative 11-18-93 pursuant to Health and Safety Code section
50199.17
(Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by
3-18-94 or emergency language will be repealed by operation of law on the following
day.
13. Repealer and new section refiled with amendments 5-3-94 as an
emergency; operative 1-25-94 pursuant to Health and Safety Code section
50199.17
(Register 94, No. 18). A Certificate of Compliance must be transmitted to OAL by
5-25-94 or emergency language will be repealed by operation of law on the following
day.
14. Repealer and new section refiled 6-29-94 as an emergency;
operative 5-28-94 pursuant to Health and Safety Code section
50199.17
(Register 94, No. 26).
15. Repealer and new section refiled 10-24-94 as
an emergency; operative 9-22-94 pursuant to Health and Safety Code section
50199.17
(Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by
1-20-95 or emergency language will be repealed by operation of law on the following
day.
16. Repealer and new section refiled 1-17-95 as an emergency,
including amendment of NOTE; operative 1-20-95 pursuant to Health and Safety Code
section
50199.17
(Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL by
5-22-95 or emergency language will be repealed by operation of law on the following
day.
17. Repealer and new section refiled 7-7-95 as an emergency;
operative 5-20-95 pursuant to Health and Safety Code section
50199.17
(Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by
9-17-95 or emergency language will be repealed by operation of law on the following
day.
18. New section refiled 7-17-95 as an emergency; operative 5-25-95
pursuant to Health and Safety Code section
50199.17
(Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL by
9-22-95 or emergency language will be repealed by operation of law on the following
day.
19. New section, including amendment of NOTE, refiled 3-18-96 as an
emergency; operative 9-22-95 pursuant to Health and Safety Code section
50199.17
(Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by
1-20-96 or emergency language will be repealed by operation of law on the following
day.
20. New section refiled 3-18-96 as an emergency; operative 9-26-95
pursuant to Health and Safety Code section
50199.17
(Register 96, No. 13). A Certificate of Compliance must be transmitted to OAL by
1-24-96 or emergency language will be repealed by operation of law on the following
day.
21. New section refiled 3-18-96 as an emergency; operative 10-30-95
pursuant to Health and Safety Code section
50199.17
(Register 96, No. 14). A Certificate of Compliance must be transmitted to OAL by
2-27-96 or emergency language will be repealed by operation of law on the following
day.
22. Repealer and new section filed 8-19-97; operative 2-18-97
pursuant to Health and Safety Code section
50199.17
(Register 97, No. 34).
23. Amendment of subsection (d) filed 7-26-99;
operative 6-3-99 pursuant to Health and Safety Code section
50199.17
(Register 99, No. 31).
41. Amendment of subsections (d) and (h) and
amendment of NOTE filed 2-26-2021; operative upon adoption by the California Tax
Credit Allocation Committee on 12-20-2020 pursuant to Health and Safety Code section
50199.17(c).
Submitted to OAL for filing and printing only pursuant to Health and Safety Code
section
50199.17
(Register 2021, No. 9).
42. Amendment of subsection (h) filed 8-8-2022;
operative upon adoption by the California Tax Credit Allocation Committee on
7-20-2022 pursuant to Health and Safety Code section
50199.17(c).
Submitted to OAL for filing and printing only pursuant to Health and Safety Code
section
50199.17
(Register 2022, No. 32).
43. Amendment of subsection (h) filed 6-21-2023;
operative upon adoption by the California Tax Credit Allocation Committee on
5-10-2023 pursuant to Health and Safety Code section
50199.17(c).
Submitted to OAL for filing and printing only pursuant to Government Code section
11343.8
(Register 2023, No. 25).
Note: Authority cited: Section 50199.17, Health and Safety Code. Reference: Sections 12206, 17058 and 23610.5, Revenue and Taxation Code; and Sections 50199.4, 50199.5, 50199.6, 50199.7, 50199.8, 50199.9, 50199.10, 50199.11, 50199.12, 50199.13, 50199.14, 50199.15, 50199.16, 50199.17, 50199.18, 50199.20, 50199.21 and 50199.22, Health and Safety Code.
