§ 5901. Eligibility.

(a) An Applicant shall be eligible for a Loan when the Office determines all of the following:

(1) The Applicant is an existing Small Business which owns or operates one or more Project Tanks.

(2) No similar financing is available to the Applicant. A determination that no similar financing is available shall consist of one of the following:

(A) The Office makes a finding that the Applicant is unlikely to obtain a Loan to fund the Project from private financial institutions, the Hazardous Substance Cleanup Financing Authority, the California Pollution Control Financing Authority, or other government agencies, under terms and conditions substantially similar to a loan.

(B) The Office locates alternative financing sources for the Applicant, and the Applicant submits evidence that these financing sources are unwilling to finance the Project on terms and conditions substantially similar to those available with a Loan.

(3) The Applicant has complied with, is exempt from, or is not currently subject to, the Financial Responsibility requirements specified in section 25299.31 of the Health and Safety Code and implementing regulations.

(4) The Project is located in California.

(5) All Tanks owned or operated by Applicant have a current Permit or are exempt from the permit requirements, pursuant to Health and Safety Code section 25283.5.

(b) An Applicant shall be eligible for a Grant, if the Applicant owns or operates one or more Project Tanks and meets the requirements set forth in Government Code section 15399.15(a).

HISTORY

1. New section filed 2-8-90 as an emergency; operative 2-8-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed by operation of law on 8-7-90.

2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 13).

3. New section filed 2-25-91 as an emergency; operative 2-25-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-26-91 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-25-91 order including amendment transmitted to OAL 5-24-91 and filed 6-24-91 (Register 91, No. 40).

5. Amendment of section and Note filed 9-5-2000 as an emergency; operative 9-5-2000 (Register 2000, No. 36). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.

6. Editorial correction of History 5 (Register 2001, No. 10).

7. Amendment of section and Note refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 3-6-2001 order, including further amendment of subsection (b), transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).

Note

Note: Authority cited: Section 15399.16, Government Code. Reference: Sections 15399.11, 15399.12, 15399.15, 15399.15.1 and 15399.15.2, Government Code.