§ 8091. Brownfield Project Loan Eligibility.

An Applicant shall be eligible for a Loan when the Strategic Partner determines all of the following:

(a) The Applicant submits an Application that meets the requirements of Section 8092;

(b) The Applicant proposes a Brownfield Project;

(c) The Loan is requested to fund a portion of Eligible Costs associated with a Brownfield Project;

(d) The Applicant demonstrates the ability to retain, or is, a Development Entity;

(e) If the Loan and Match together does not finance all costs of the Brownfield Project, the Applicant identifies a funding source or financial means to finance the costs of the Brownfield Project not covered by the Loan;

(f) The Applicant identifies a potential funding source or financial means to repay the Loan;

(g) The Applicant demonstrates the ability to gather likely sources of capital to develop the Brownfield;

(h) The Applicant has not been convicted of a felony or misdemeanor involving the regulation of Hazardous Materials, including, but not limited to, a conviction of a felony or misdemeanor under California Health and Safety Code Section 25395.13; and

(i) Any affirmative responses provided in Section 8092(m) do not materially impugn the integrity of the Borrower or will not adversely affect the Borrower's ability to comply with these regulations.

HISTORY

1. New 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Code section 44520, a Certificate of Compliance must be transmitted to OAL by 2-11-2002 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 2-8-2002 and filed 3-21-2002 (Register 2002, No. 12).

3. Amendment of subsection (i), repealer of subsections (j)-(j)(4) and amendment of 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section 44520(b), a Certificate of Compliance must be transmitted to OAL by 8-27-2008 or emergency language will be repealed by operation of law on the following day.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. Amendment of subsection (i), repealer of subsections (j)-(j)(4) and amendment of 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section 44520(b), a Certificate of Compliance must be transmitted to OAL by 11-24-2008 or emergency language will be repealed by operation of law on the following day.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. Amendment of subsection (i), repealer of subsections (j)-(j)(4) and amendment of Note refiled 11-24-2008 as an emergency; 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 25395.13, 44501, 44502, 44504.1, 44505, 44506, 44507, 44508, 44520, 44525.7, 44526(h), 44526(i), 44537.5, 44548(a), 44548(b), 53545 and 53545.14, Health and Safety Code.