§ 1847. Pre-Financing Requirements.

(a) Prior to a participating county receiving state bond funds, the Authority shall ensure that the county is ready to proceed with construction. A participating county shall be deemed ready to proceed with construction when it has done all of the following:

(1) Met all the requirements in the proposal pursuant to Section 1830 of these regulations;

(2) As required in Section 1849, obtained compliance with the operational and physical plant requirements in the Minimum Standards for Local Juvenile Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230 and the fire and life safety requirements in Title 24, CCR, Part 2, Volume 1, Chapter 4, Section 408;

(3) Filed with the Authority a summary of construction bids received, including a statement explaining to which contractor the bid was awarded and why, and a copy of the notice to proceed issued to its contractor;

(4) Filed with the Authority a schedule of values of expected financing from state bond funds, cash match, and in-kind match and other budget items, along with a construction schedule, project management plan, and names, roles and contact information of key county personnel;

(5) Filed with the Authority a financial plan detailing arrangements to provide its portion of project costs, including reserves for cash flow, source of matching funds, and a schedule of anticipated match expenditure that is at least proportional to the expenditure of costs that are proposed to be reimbursed by the financing of state bond funds;

(6) Filed with the Authority a statement citing any exemptions from federal laws, state or local laws, regulations, ordinances, standards, or requirements;

(7) Filed with the Authority a final notice of determination on its environmental impact report;

(8) Filed with the Authority a written certification, that the county has control of the site, either through fee-simple ownership or comparable long-term possession (minimum of a 40 plus year site lease or use permit), and right of access to the facility sufficient to assure undisturbed use and possession; and,

(9) Certified to the CDCR and the Authority that the Board has determined that the ownership interest of the participating county of the site or sites for the project is adequate for the purposes of its financing of the project pursuant to Welfare and Institutions Code Section 1971.

HISTORY

1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).

Note

Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971 and 1975, Welfare and Institutions Code.