§ 8090. Definitions.

In addition to the definitions set forth in Section 8102, the following definitions shall govern construction of this Article.

(a) “Applicant” means any for-profit or not-for-profit organization, school district, participating party as defined in California Health and Safety Code Section 44506, or public agency as defined in California Health and Safety Code Section 44509 applying for a Loan, Infill Loan, or Infill Grant.

(b) “Application” means the information referred to in Section 8092 or Section 8093.

(c) “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.

(d) “Borrower” means an Applicant whose Loan or Infill Loan has been approved and who has executed a Loan Agreement.

(e) “Brownfield” means a real estate parcel, or improvements located on the parcel, or both that parcel and the improvements, which is abandoned, idled, or underused, due to real or perceived environmental contamination, including, but not limited to, soil or groundwater contamination, the presence of underground storage tanks, or the presence of asbestos or lead paint on the parcel or in the improvements located on the parcel.

(f) “Brownfield Project” means a project for the site assessment and characterization of, and/or Planning for Remediation of Hazardous Material at a Brownfield.

(g) “Census Designated Place” means a place designated as a census designated place by the Bureau of the Census.

(h) “Consultant” means an environmental professional as defined in 40 CFR, Section 312.10.

(i) “Development Entity” means an entity engaged in the development of real estate.

(j) “Economically Distressed Community” means a community that the Applicant demonstrates to the satisfaction of the Strategic Partner is any one or more of the following:

(1) A community with an unemployment rate equal to or greater than 125% of the statewide average based on the California Employment Development Department's most recent annual average for sub-county areas.

(2) A community with median family income of less than 80% of the statewide average based on the most recent census data available for cities or Census Designated Places. (If no city or Census Designated Place level data is available, or if the Applicant chooses to identify an area that is smaller than a city or Census Designated Place, such as census tract or tracts, smaller areas will be used.)

(3) A community with a poverty rate equal to or greater than 110% of the statewide average based on the most recent census data available for cities or Census Designated Places. (If no city or Census Designated Place level data is available, or if the Applicant chooses to identify an area that is smaller than a city or Census Designated Place, such as census tract or tracts, smaller areas will be used.)

(4) A state designated Enterprise Zone (including a Local Agency Military Base Recovery Area, Manufacturing Enhancement Area or Targeted Tax Area).

(5) A federally designated Empowerment Zone pursuant to 26 U.S.C. Section 1392, Enterprise Community pursuant to 26 U.S.C. Section 1392, or Renewal Community pursuant to Section 1400E of Title 26 of the United States Code.

(6) A redevelopment project area adopted pursuant to California Health and Safety Code Sections 33000 et seq., where the Strategic Partner determines that the project area meets the definition of blighted area contained in California Health and Safety Code Section 33030.

(7) A city or county with a military base designated for closure pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent closure approved by the President of the United State without objection by the Congress. The provision will apply to proposed projects within two miles of a military base closure in an urban setting and to proposed projects within five miles of a military base closure in a rural setting.

(k) “Eligible Costs” means reasonable and necessary Brownfield Project costs, including but not limited to costs associated with any of the following:

(1) Site assessment and characterization.

(2) Technical Assistance.

(3) Planning for Remediation of Hazardous Material.

(4) Obtaining access to a Brownfield to conduct a Brownfield Project.

(5) The costs of the Oversight Agency and other governmental oversight incurred by the borrower that is related to the site assessment and characterization, and Planning for Remediation of Hazardous Material.

(l) “Enterprise Zone” means any area within a city, county, or a city and county that is designated as an enterprise zone in accordance with the provisions of Section 7073 of the California Government Code.

(m) “Executive Director” means the Executive Director of the California Pollution Control Financing Authority.

(n) “Feasibility Study” means the identification and evaluation of technically feasible and effective Remedial Action alternatives to protect public health and the environment at a Brownfield for purposes of developing a Remedial Action Plan.

(o) “Final Report” means a written document prepared by an Independent Consultant that describes the Independent Consultant's findings resulting from the site assessment and characterization, Planning for Remediation of Hazardous Material, and/or technical assistance performed by the Independent Consultant in connection with a Brownfield.

(p) “Forgiven Loan” means a Loan for which repayment of all, or a portion, of the Loan is forgiven upon the conditions set forth in Section 8097.

(q) “Hazardous Material” means a hazardous material as defined in Section 25260(d) of the California Health and Safety Code.

(r) “Hazardous Waste Reporting Laws” means any and all state, federal and local laws, including, without limitation, statutes, rules, regulations, ordinances, administrative orders, judicial orders or consent decrees, requiring the reporting to any governmental, quasi-governmental or regulatory entity of any release, threatened release, presence or existence of a Hazardous Material or any similar substance or material into the environment.

(s) “Independent Consultant” means a Consultant who meets all of the following requirements:

(1) The Consultant is not an employee of, general or limited partner or a shareholder in, or have any other ownership or management interest in the Borrower, a known responsible party, or a prospective buyer of the Brownfield;

(2) The Consultant does not receive any source of income from the Borrower, a known responsible party, or a prospective buyer of the Brownfield, other than the payment of fees for professional services unless the Consultant is acting in his or her capacity as an employee of a governmental entity; and

(3) The Consultant does not accept, or agree to accept, any payment that is in any way contingent upon the outcome of a Final Report.

(t) “Loan” means a loan made in accordance with the procedures set forth in this Article 9.

(u) “Loan Agreement” means a written agreement for a Loan entered into between a Borrower and the Strategic Partner, or where the Strategic Partner is the Borrower, between the Borrower and the Authority.

(v) “Local Agency Military Base Recovery Area” means any military base or former military base or portion thereof that is designated as a local agency military base recovery area under the Local Agency Military Base Recovery Area Act (Cal. Govt. C. Section 7105, et seq.).

(w) “Manufacturing Enhancement Area” means an area designated as a manufacturing enhancement area pursuant to California Government Code Section 7073.8.

(x) “Match” means the Strategic Partner's financial contribution to the Brownfield Project in an amount equal to 25 percent (25%) of the Loan amount. Match also means a monetary contribution and/or related costs of overhead and staffing in amounts and percentages of each as set forth in the written agreement between the Strategic Partner and the Authority, by a Strategic Partner or other entity involved with the Brownfield Project.

(y) “Oversight Agency” means any agency with the lawful authority to oversee assessment activities, review and approve Cleanup Plans, oversee Remedial Actions and provide confirmation as to the completion of Remedial Actions required to return Brownfield properties to economically beneficial use consistent with the intended development of the Brownfield.

(z) “Planning for Remediation of Hazardous Material” means conducting a Feasibility Study, conducting a Remedial Investigation, or preparing a Remedial Action Plan or Cleanup Plan.

(aa) “Public Infrastructure” means facilities accessible to the public that may include, but are not limited to, public roads, sewers, drainage, water, natural gas and/or electricity, telephone, and transportation services.

(ab) “Remedial Action Plan” or “Cleanup Plan” means a plan approved by the Oversight Agency for performing a Remedy or taking a Remedial Action.

(ac) “Remedial Investigation” means those actions necessary to determine the full extent of a Hazardous Material at a Brownfield, identify the public health and environment threat posed by the Hazardous Material, collect data on possible remedies, and otherwise evaluate the Brownfield, for purposes of developing a Remedial Action Plan.

(ad) “Remedy” or “Remedial Action” means any action taken to remove, correct, cleanup, mitigate, remediate or abate a release of Hazardous Materials.

(ae) “Small Business” has the same meaning as in Section 8020 of Title 4 of the California Code of Regulations.

(af) “Strategic Partner” means an entity chosen by the Authority in accordance with Section 8100 and Section 8102.11 that receives and processes Applications or Infill Applications, provides Technical Assistance, disburses funds, or provides administrative services to Borrowers for purposes of this Article pursuant to a written agreement with the Authority. In the event the Authority does not contract with a Strategic Partner, or elects to act as a Strategic Partner pursuant to Section 8102.10(d), Strategic Partner means the Authority. Under certain circumstances, the Strategic Partner may be the Applicant, the Borrower, or the Grantee. In the event the Strategic Partner is an Applicant, Borrower, or Grantee, the Authority shall be the Strategic Partner as to the Application, Loan, Infill Application, Infill Loan or Infill Grant.

(ag) “Targeted Tax Area” means an area designated as a targeted tax area in accordance with the provisions of California Government Code Section 7097.

(ah) “Technical Assistance” means information, education, training and assistance provided to an Applicant, Borrower, or Grantee by a Strategic Partner or its agent regarding Brownfield site assessment and characterization, Planning for Remediation of Hazardous Material, implementation of a Cleanup Plan and environmental regulation. Technical Assistance does not include any actions that would constitute participation in the management of property as defined in Section 25548.1 of the California Health and Safety Code or in 42 U.S.C. Section 9601(20)(F). Unless a Strategic Partner is a governmental entity that is exercising its regulatory authority under other applicable laws, regulations, inter-agency agreements, or governmental programs, a Strategic Partner shall not participate in the management of property as defined in Section 25548.1 of the California Health and Safety Code or in 42 U.S.C. Section 9601(20)(F).

HISTORY

1. New article 9 (sections 8090-8101) and section filed 8-13-2001 as an emergency; operative 8-13-2001 (Register 2001, No. 33). Pursuant to Health and Safety Code section 44520, a Certificate of Compliance must be transmitted to OAL by 2-11-2002 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-13-2001 order, including amendment of subsections (u)(1) and (u)(2), transmitted to OAL 2-8-2002 and filed 3-21-2002 (Register 2002, No. 12).

3. New subarticle 1 heading and amendment of section and Note filed 2-29-2008 as an emergency; operative 2-29-2008 (Register 2008, No. 9). Pursuant to Health and Safety Code section 44520(b), a Certificate of Compliance must be transmitted to OAL by 8-27-2008 or emergency language will be repealed by operation of law on the following day.

4. New subarticle 1 heading and amendment of section and Note refiled 8-25-2008 as an emergency; operative 8-27-2008 (Register 2008, No. 35). Pursuant to Health and Safety Code section 44520(b), a Certificate of Compliance must be transmitted to OAL by 11-24-2008 or emergency language will be repealed by operation of law on the following day.

5. New subarticle 1 heading and amendment of section and Note refiled 11-24-2008 as an emergency, including further amendment of subsections (af) and (ag); operative 11-24-2008 (Register 2008, No. 48). Pursuant to Health and Safety Code section 44520(b), a Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 11-24-2008 order transmitted to OAL 1-7-2009 and filed 2-23-2009 (Register 2009, No. 9).

Note

Note: Authority cited: Section 44520, Health and Safety Code. Reference: Sections 25260(d), 25548.1, 44500, 44501, 44502, 44504.1, 44505, 44506, 44507, 44508, 44509, 44520, 44525.7, 44526(h), 44526(i), 44537.5, 44548(a), 44548(b), 53545 and 53545.14, Health and Safety Code.