Cal. Code Regs. Tit. 25, § 7954 - Responsible Technical Entity
Current through Register 2021 Notice Reg. No. 52, December 24, 2021
(a) The following types of entities are
eligible to demonstrate to the Department for designation as an RTE compliance
with the requirements of subsections (d) through (g):
(1) A DLB;
(2) A Local government entity;
(3) A nonprofit corporation; and
(4) A private, for-profit entity.
(b) In order to be designated as
an RTE and be responsible for the selection of capital development grants, a
DLB shall:
(1) Demonstrate to the Department
that the DLB membership meets the requirements of an RTE as set forth in
subsections (d) through (g); or
(2)
Provide the certification required by subsection (h) that the DLB has delegated
feasibility determinations involving capital development grants to an entity
which has demonstrated to the Department that it meets the requirements of an
RTE as set forth in subsections (a) and (d) through (g).
(c) The demonstration shall consist of
written evidence of compliance with the requirements of subsections (a) and (d)
through (g) and written certification by the proposed RTE of acceptance of
these requirements.
(d) An RTE
shall have direct experience with the development of emergency shelter and/or
transitional housing projects in the region, whether new construction,
conversion, or rehabilitation. Staff persons committed to the task shall
cumulatively possess experience and expertise in construction, real estate,
finance, and the development of housing projects.
(e) An RTE shall commit to assist the DLB
with the selection of capital development projects for funding by determining
the feasibility and readiness of the projects proposed in all eligible capital
development grant applications.
(f)
For the purpose of reviewing, ranking, or selecting applications for funding,
each member of the RTE or DLB subcommittee shall comply with subsection
7953(f).
(g) An RTE shall commit to
provide the DLB with advice about project acquisition, construction and/or
rehabilitation, during capital development grant monitoring and close-out
activities.
(h) Where separate
entities, the RTE and the DLB shall each certify in writing to a statement
which delegates to the RTE the responsibilities stated in subsections (d)
through (g).
(i) The demonstrations
and certifications required by this section shall be provided with the local
organization's application for designation as a DLB. The timeframes for the
Department's review shall be the same as those provided in subsections 7953(g)
and (h).
(j) If a DLB enters into
an agreement pursuant to subsection (h) with an entity other than the original
RTE approved by the Department, the entity shall apply for Department approval
pursuant to the requirements of this section. The new entity shall not
participate in review and selection activities of the DLB until the Department
provides written notice of approval of the entity as an RTE.
(k) In regions with no RTE, or where an RTE
fails to complete its duties pursuant to this subchapter, the Department shall
receive, review and select all applications for capital development
grants.
Notes
Note: Authority cited: Sections
50402,
50801.5
and
50806.5,
Health and Safety Code. Reference: Section
50802.5
2. Repealer and new section refiled 7-8-94 with repealer and new subsection (g) as an emergency; operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-7-94 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).
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