§ 8102.2. Infill Application Content.

An Infill Application shall include all of the following information, and indicate the source of information in circumstances in which the Applicant is not the primary source.

(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, the name of the owners of the business or entity, and the percentage of ownership of the business or entity.

(b) Whether the Applicant is applying for an Infill Grant and/or an Infill Loan and the necessary information establishing eligibility for the grant or loan applied for.

(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 the Applicant's legal interest in the Brownfield through:

(A) An executed lease agreement or lease option for the length of time the Brownfield Infill Project and Infill Development Project will be regulated under this program between the Applicant and the owner of the subject property; or

(B) An executed disposition and development agreement between the Applicant and a public agency; or

(C) A valid, current, and enforceable contingent purchase and sale agreement, conveyance agreement or option agreement between the Applicant and the owner of the subject property, including evidence that all extensions necessary to keep agreement current through the date of the award; or

(D) Valid, current and enforceable purchase and sale agreements, contingent purchase and sale agreements, conveyance agreements, option agreements in combination between the Applicant, a third party and the owner of the subject property such that the Authority can determine that upon an award the Applicant has a right to acquire the subject property; or

(E) Site control may also be demonstrated where a local agency has documented its intention to acquire the site, or portion of the site, through eminent domain proceedings through an order of possession or resolution duly adopted by the agencies governing body.

(e) Information regarding the Oversight Agency and Cleanup Plan, including:

(1) Identification of the Oversight Agency and staff member that is assigned to the Brownfield Infill Project, including name, phone number, address, and email address.

(2) A copy of the draft Cleanup Plan submitted to the Oversight Agency.

(3) A copy of the All Appropriate Inquiries report prepared in compliance with the requirements of Title 40, Part 312 of the Code of Federal Regulations.

(f) Information regarding the Brownfield for which the Infill Grant or Infill Loan is being requested, including:

(1) A description of the Brownfield Infill Project including:

(A) The location of the Brownfield, including the site address, parcel number and area of the Brownfield site;

(B) A description of the portions of the Brownfield site which will be dedicated to housing, commercial, retail, open space and other uses;

(C) Evidence of the Brownfield's location in an Infill Area;

(D) Evidence of the Brownfield's location within an Economically Distressed Community, if applicable;

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

(F) The current use and zoning of the Brownfield;

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

(H) Identification of Public Infrastructure and its proximity to the Brownfield; and

(I) The estimated time period for completion, components, and costs of the Brownfield Infill Project.

(2) A description of the proposed Infill Development Project including, but not limited to:

(A) Evidence the Infill Development Project is consistent with Regional or Local Land Use Plans, or where consistency depends on pending changes to the plans, the Applicant may submit a letter from the local planning director demonstrating the local governing agency's support for the Infill Development Project.

(B) Evidence the proposed Infill Development Project Promotes Infill Residential or Mixed Use Development, including:

i. The number of housing units to be created;

ii. Where affordable housing is proposed, the depth and duration of the affordability of the housing units;

iii. Description of area jobs, community amenities and transit;

iv. Description of the population the Infill Development Project will serve;

v. If the final characteristics of the Infill Development Project are dependent on pending financing, the Applicant must include descriptions of any intended alternative development as it relates to the final characteristics of the Infill Development Project. Where alternative Infill Development Projects are submitted, the alternative receiving the lowest score according to the criteria set forth in Section 8102.14 will be used to rank the Infill Application.

(C) The estimated time period for completion, components, and costs for the Infill Development Project;

(D) The goals and objectives of, and the benefit to the community from, the Infill Development Project.

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

(4) A listing of the various permits and approvals reasonably expected to be required from the local regulatory land use jurisdictions and agencies, including contact information and status of the permit applications.

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

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

(h) Identification and contact information of the primary persons and their roles and responsibilities for performing and overseeing the activities necessary to complete the Brownfield Infill Project.

(i) Identification of potential funding sources for:

(1) Completion of the Brownfield Infill Project;

(2) Completion of the Infill Development Project; and

(3) Repayment of the Infill Loan (if applicable).

(j) A description of requested Eligible Brownfield Infill Project Costs to be financed by the Infill Grant or Infill Loan.

(k) The requested Infill Grant or Infill Loan amount and term.

(l) Information regarding bankruptcies, loan defaults, foreclosures, convictions, or criminal, civil or administrative investigations, orders, proceedings, litigation, settlements, or judgments relating to land development or brownfield cleanup, by or involving the Applicant or to which Applicant is or was a party within the ten years immediately preceding the Infill Application.

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

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

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

(3) That information submitted to the Strategic Partner or the Authority is subject to the California Public Records Act (Government Code Sections 6250, et seq.); 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 and Authority of changes causing information in the Infill Application or other submittals to become false.

(n) A description of the jobs, including type, estimated date of commencement and length of duration, that will be caused by:

(1) The Brownfield Infill Project;

(2) The construction of the Infill Development Project; and

(3) The Infill Development Project upon its completion.

(o) The Applicant's anticipated timeline for submitting disbursement requests (requests for funds) if the application request is awarded, denoting the estimated amount, month and year of all anticipated disbursement requests within the term of the Infill Grant and/or Infill Loan.

HISTORY

1. New section 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.

2. New section 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.

3. New section 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.

4. Certificate of Compliance as to 11-24-2008 order, including amendment of subsections (a) and (d), repealer of subsections (d)(1)-(3) and new subsections (d)(A)-(E) and (n)-(o), 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.