§ 8092. Brownfield Project Application Content.

An Application shall include all of the following:

(a) The Applicant's name, address, telephone number, federal tax identification number, type of business or entity, the date the business or entity was established.

(b) Whether the Applicant qualifies as a Small Business.

(c) The identity of the owner and any operators of the Brownfield, including name, address, and telephone number.

(d) If the Applicant is not the owner of the Brownfield, evidence of:

(1) The Applicant's legal interest in the Brownfield;

(2) Permission of the owner of the Brownfield for the Applicant or the Applicant's agent(s) to have access to the Brownfield (governmental action already taken or that is expected to be taken prior to disbursement of loan proceeds to gain access or control of the Brownfield will be deemed to be permission to have access to the Brownfield); and

(3) Permission of the owner of the Brownfield for the Applicant or the Applicant's agent(s) to perform a Brownfield Project on the Brownfield (governmental action already taken or that is expected to be taken prior to disbursement of loan proceeds to gain access or control of the Brownfield will be deemed to be permission to perform a Brownfield Project on the Brownfield).

(e) Information regarding the Brownfield for which the Loan is being requested, including:

(1) A description of the Brownfield including:

(A) the location of the Brownfield, including the street address, city, county, assessor parcel number(s), and/or or legal description of the Brownfield;

(B) evidence of the Brownfield's location in an Economically Distressed Community, if applicable;

(C) a site layout that includes the location and dimensions of any existing buildings, utilities, and other pertinent features, if available;

(D) the current use and zoning of the Brownfield;

(E) the current land uses and zoning of adjacent property and the surrounding neighborhood;

(F) identification of Public Infrastructure and its proximity to the Brownfield;

(G) previous use of the Brownfield;

(H) known and suspected Hazardous Material located at the Brownfield;

(I) proposed reuse of the Brownfield, if known;

(J) the estimated time period for completion, components, and costs of the Brownfield Project; and

(K) the goals and objectives of and the benefit to the community from the Brownfield Project or development of the Brownfield.

(2) Development timetable for the Brownfield.

(3) A description of obstacles to reuse of the Brownfield (e.g., regulatory issues, complex remediation, liability, and/or marketability).

(4) Identification of local regulatory and land use jurisdictions within which the proposed Brownfield Project is located.

(5) A description of community involvement and local government support for the Brownfield Project.

(f) A description of the Applicant's experience managing projects similar to the one proposed and the qualifications of key personnel involved.

(g) Identification of a person that meets the definition of an Independent Consultant that will perform the activities necessary to complete the Brownfield Project.

(h) Identification of the proposed Oversight Agency if the proposed Loan will be used to finance Planning for Remediation of Hazardous Material.

(i) Identification of potential funding sources for:

(1) Completion of the Brownfield Project.

(2) Development of the Brownfield.

(3) Repayment of the Loan.

(j) A description of requested Eligible Costs to be financed by the Loan.

(k) The requested Loan amount and term.

(l) Information demonstrating ability to provide Match for the Loan.

(m) Information regarding any past or current bankruptcies, loan defaults, foreclosures, convictions, or criminal, civil or administrative investigations, orders, proceedings, litigation, settlements, or judgments, by or involving the Borrower or to which Borrower is or was a party.

(n) A signed, notarized statement from the Applicant whereby the Applicant agrees to all of the following:

(1) To provide Application-related documentation to the Strategic Partner upon request;

(2) That the Application will be evaluated according to Authority regulations, and that a Loan is not an entitlement;

(3) That information submitted to the Strategic Partner or the Authority is subject to the California Public Records Act; and

(4) Under penalty of perjury, that all information provided to the Strategic Partner or the Authority is true and correct, and that the Applicant has an affirmative duty to notify the Strategic Partner or the Authority of changes causing information in the Application or other submittals to become false.

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, including amendment of subsections (d)(2) and (d)(3), transmitted to OAL 2-8-2002 and filed 3-21-2002 (Register 2002, No. 12).

3. Amendment of subsections (e)(1)(A)-(B) 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 subsections (e)(1)(A)-(B) 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 subsections (e)(1)(A)-(B) 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 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.