Cal. Code Regs. tit. 17 § 91043

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 91043 - Advance Payment Criteria
(a) Requirements for small air districts. To be approved for an advance payment, small air districts must provide a certification to the Executive Officer that includes all of the following:
(1) The advance payment, in the amount requested, is necessary to meet the purposes of the grant program or project and is intended to alleviate a practical business or economic situation that would inhibit the program or project.
(2) The use of the advance payment is limited to the specified activities set forth in the grant agreement.
(3) Agrees to revert all unspent funds to the state if they are not liquidated within the timeline specified in the grant agreement.
(4) Shall not use the advance payments received to provide payments in advance to any other entity, except to another district.
(b) Requirements for all other entities. To be approved for an advance payment, any other entity that is not a small air district must provide a certification to the Executive Officer that includes all the criteria in Section 91043(a)(1) through (3) and includes all of the following:
(1) The entity has no outstanding audit findings that relate to any funds eligible for advance payment.
(2) It is in good standing with the Franchise Tax Board (FTB) and Internal Revenue Service (IRS), and that, if the entity falls out of good standing with FTB or the IRS after an advance payment is made, the entity must return any unspent moneys to the state.
(3) Submitted to the Executive Officer a spending plan.
(4) Agrees to not provide advance payment to any other entity.
(5) Will report to the state board any material changes to the spending plan within 30 days of the change.

Cal. Code Regs. Tit. 17, § 91043

1. New section filed 10-19-2020; operative 1-1-2021 (Register 2020, No. 43).

Note: Authority cited: Sections 39600, 39601 and 39603.1, Health and Safety Code. Reference: Section 39603.1, Health and Safety Code.

1. New section filed 10-19-2020; operative 1-1-2021 (Register 2020, No. 43).