Cal. Code Regs. Tit. 4, § 8050 - Definitions

The following definitions shall govern construction of Article 5 and Article 6.

(a) "Agency" means a public entity authorized under federal, state or local law to issue an Authorization in connection with Pollution Control Requirements.

(b) "Applicant" means an entity applying for a Loan.

(c) "Application" means the information referred to in Section 8054.

(d) "Assessment Report" means a report prepared by a Coordinator pursuant to Section 8053(c) of these regulations.

(e) "Authority" means the California Pollution Control Financing Authority, organized and existing under and by virtue of Division 27 (commencing with Section 44500) of the California Health and Safety Code.

(f) "Authorization" means a permit, order or other authority to construct or authority to construct and operate a Project.

(g) "Bonds" means any series of bonds, notes or other evidence of indebtedness issued by the Authority, a portion of the proceeds of which are used to fund Loans.

(h) "Borrower" means an Applicant whose Loan has been approved and who has executed a Loan Agreement.

(i) "Contractor" means an entity who has contracted with the Authority to undertake loan packaging, servicing and related activities pursuant to these regulations.

(j) "Coordinator" means an entity which receives and processes applications and disburse funds pursuant to these regulations. The Coordinator for any given Application shall be authorized to be either the Authority's staff or a Contractor, if one or more have contracted with the Authority, that receives the Applicant's complete and signed Application pursuant to Section 8053 of these regulations.

(k) "Eligible Costs" means reasonable and necessary Project costs associated with the following:

(1) Acquisition or construction of the Project, including labor installation and construction costs if such installation and construction are performed by a contractor (as defined in Section 7026 of the California Business and Professions Code) licensed in accordance with Sections 7065 through 7077 of the California Business and Professions Code.

(2) Design, engineering, architectural, consulting, real estate appraisal, legal and other related costs and fees necessary to the Environmental Audit and to the acquisition or construction of the Project.

(3) Preparation costs, including obtaining acquisition or construction cost estimates, preliminary design and engineering work, planning costs and any other expense reasonably required in order to obtain an Authorization.

(4) The Loan fees and Environmental Audit.

(l) "Environmental Assessment" means an assessment of environmental conditions made pursuant to Title 14, Division 11, Article 6, Section 8060 of the California Code of Regulations.

(m) "Environmental Audit" means an investigation into the Applicant's production operations and its compliance with federal, state and local environmental laws, regulations and rulings.

(n) "Hazardous Material" means a hazardous waste, hazardous material, toxic substance, solid waste, water pollutant, air pollutant, air contaminant or related material, including any pesticide or petroleum products, waste, substance, pollutant or contaminant that is or becomes the subject of regulation by any federal, state or local governmental authority or agency with respect to air, water or soil quality.

(o) "Loan" means a loan made in accordance with the procedures set forth in Article 5 and Article 6.

(p) "Loan Agreement" means any agreement for a Loan entered into between a Borrower and the Coordinator.

(q) "Pollution Requirements" means any law, rule or regulation by an agency pertaining to Hazardous Material.

(r) "Project" means the equipment, control technology, production practice or facility for which a Loan is being sought and that is designed to either bring the Applicant into compliance with Pollution Requirements or to reduce Hazardous Material emission or generation.

(s) "Security" means any collateral pursuant to a Loan Agreement. No Loan Agreement shall include the following types of collateral:

(1) Raw land, or land with buildings that will require demolition in order to make use of the property;

(2) Land or buildings contaminated by Hazardous Materials;

(3) Real property located outside California; and

(4) Existing liens on real property exceeding seventy-five percent (75%) of the appraised value. Any appraisal submitted in connection with these regulations shall be no more than six months old at the time of submission.

(t) "Small Business" means that term as defined in Title 4, Division 11, Article 2, Section 8020 of the California Code of Regulations.

Notes

Cal. Code Regs. Tit. 4, § 8050

1. New article 5 and section filed 10-11-94; operative 11-10-94 (Register 94, No. 41). For prior history, see Register 94, No. 14.

Note: Authority cited: Section 44520(a), Health and Safety Code. Reference: Sections 44533(b) and 44548, Health and Safety Code.

1. New article 5 and section filed 10-11-94; operative 11-10-94 (Register 94, No. 41). For prior history, see Register 94, No. 14.