§ 8102.4. Infill Grants and Infill Loans.

(a) Infill Grants, Infill Loans or combined Infill Grants and Loans to the same entity for the same Brownfield Infill Project and subject to the same Cleanup Plan shall not be less than fifty thousand ($50,000) nor more than five million dollars ($5,000,000). The Authority may waive the minimum or maximum upon a finding that it is in the public interest and advances the purposes of the program.

(b) Infill Grants may be awarded to Applicants to the extent the proposed Infill Development Project includes not less than fifteen percent (15%) affordable units as set forth in Health and Safety Code Sections 53545.13(c)(2)(C) and 53545.13(c)(2)(D). In addition, the proposed Infill Development Project must meet the density requirements set forth in Health and Safety Code Section 53545.13(c)(3).

(c) The following Proposed Infill Development Projects may qualify for Infill Grants if they provide substantial:

(1) Housing for homeless populations.

(2) Housing for special needs populations as defined in Section 10325(g)(4) of Title 4 of the California Code of Regulations.

(3) Single Room Occupancy (SRO) housing as defined in Section 10325(g)(3) of Title 4 of the California Code of Regulations.

(4) United States Department of Housing and Urban Development Section 202 Supportive Housing for the Elderly.

(5) United States Department of Housing and Urban Development Section 811 Supportive Housing for Person with Disabilities.

(6) Housing for families with special needs that require temporary relocation.

(d) Infill Grants shall not be awarded to any Responsible Party.

(e) In awarding Infill Grants and Infill Loans the Authority shall prioritize applications into tiers as follows:

(1) Sites not currently listed on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9605(a)(8)(B)) and sites that are currently listed on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9605(a)(8)(B)), for which no viable Responsible Party has been identified shall be accorded first priority.

(2) Sites currently listed on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9605(a)(8)(B)) for which a viable Responsible Party has been identified shall be accorded second priority.

(f) The following proposed Infill Development Projects may be eligible for an Infill Loan at an interest rate equal to the Six Month London Interbank Offered Rate (LIBOR) but not less than two percent (2%) which shall be fixed at the time of the execution of the Loan Agreement:

(1) Any proposed Infill Development Project that is eligible for an Infill Grant.

(2) Any proposed Infill Development Project that Promotes Residential or Mixed Use Development.

(g) Where the specifics of a proposed Infill Development Project are uncertain at the time of application, the Infill Application will be considered as one for an Infill Loan pursuant to paragraph (f). The Infill Loan Agreement will contain a conversion feature that will allow the loan to be converted to an Infill Grant pursuant to paragraphs (b) and (c). Any conversion will be adjusted back to the date of execution and is dependent on a Regulatory Agreement with an appropriate public agency or a Recorded Covenant.

(h) An Infill Development Project that in and of itself does not produce housing units, but Promotes Residential or Mixed Use Development, will be eligible to receive the financial terms of the Residential Development or Mixed Use Development that the Infill Development Project is related to, and necessary for.

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, including amendment of subsection (c)(2); 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), (e), (f)(2), (g) and (h) and repealer of subsection (i), 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, 53545.13(c)(2)(C), 53545.13(c)(2)(D), 53545.13(c)(3) and 53545.14, Health and Safety Code.