Cal. Code Regs. tit. 23 § 3425

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 3425 - Grant Application Content

A completed application for a grant shall consist of the following:

(a) The applicant's legal name, the applicant's legal address or domicile, the applicant's mailing address, the project address, legal entity type and documentation to support the entity type, the number of full- and part-time workers employed by the business, and if applicable, the applicant's fictitious business name and documentation to support the fictitious business name;

(b) Information for the contact person for the applicant, including that person's name and title, the telephone number where the contact person can be contacted during normal business hours, and the contact person's email address;

(c) A list of the names, titles, and legal addresses or domiciles of each of the applicant's principals;

(d) A list of the project tanks and any other tanks owned and/or operated by the applicant at the project facility, the California Environmental Reporting System Identification Number for each tank, and all of the following:

(1)

(A) A copy of the current operating permit issued by the applicable local agency for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the local agency, an expired operating permit, or a permit renewal invoice; and

(ii) Evidence that the operating permit fee has been paid for each of the underground storage tanks at the project facility owned and/or operated by the applicant for the current year, consisting of a canceled check or a receipt from the applicable local agency;

(C) An explanation why the tank is exempt from the permitting requirements of subdivision (a) of section 25284 of the Health and Safety Code; and

(D) An explanation of how the project will bring the project tanks into compliance with the permitting requirements of subdivision (a) of section 25284 of the Health and Safety Code in accordance with subdivision (e).

(2)

(A) A copy of the current permit to operate issued by the applicable air district for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the air district, an expired operating permit, or a permit renewal invoice; and

(C) An explanation why the tank is exempt from the permitting requirements of section 41954 of the Health and Safety Code; or

(D) An explanation of how the project will bring the project tanks into compliance with the permitting requirements of section 41954 of the Health and Safety Code in accordance with subdivision (e).

(e) If the project tanks are not currently in compliance with all of the requirements of chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations, the applicant must provide an explanation of how the project will bring the project tanks into compliance with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations.

(f) A list of all tanks owned and/or operated by the applicant, except the project tanks and any other tanks owned and/or operated by the applicant at the project facility, the street address of each tank, the California Environmental Reporting System Identification Number for each tank, and all of the following:

(1)

(A) A copy of the current operating permit issued by the applicable local agency for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the local agency, an expired operating permit, or a permit renewal invoice; and

(C) An explanation why the tank is exempt from the permitting requirements of subdivision (a) of section 25284 of the Health and Safety Code.

(2)

(A) A copy of the current permit to operate issued by the applicable air district for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the air district, an expired operating permit, or a permit renewal invoice; and

(C) An explanation why the tank is exempt from the permitting requirements of section 41954 of the Health and Safety Code.

(g) Information and documentation demonstrating one of the following:

(1) The project facility currently is legally in business retailing motor vehicle fuel;

(2) The project facility was legally in business retailing motor vehicle fuel during any part of the two years preceding the submission of the application, but is no longer retailing motor vehicle fuel; or

(3) The applicant meets the requirements of subdivision (b) of section 3422.1.

(h) The applicant's most recent California or Federal Employee Tax Return Employee Tax Return and the most recent Federal Tax Return for the applicant and each of the applicant's principals;

(i)

(1) Except as provided in subparagraphs (ii) and (iii), the Sales and Use Tax Return Forms with all included schedules, submitted by the applicant to the California Department of Tax and Fee Administration for the project facility during the last eight quarters.

(2) If Sales and Use Tax Return Forms were not provided to the California Department of Tax and Fee Administration because during one or more of the last eight quarters the project facility was not in operation, the applicant shall sign and submit a written statement providing the dates of nonoperation.

(3) If the Sales and Use Tax Return Forms that were provided to the California Department of Tax and Fee Administration are unavailable to the applicant for one or more of the last eight quarters because the applicant did not own or operate the project facility for any part of the last eight quarters, the applicant shall submit other evidence that the project facility sold less than 1,500,000 gallons of gasoline at retail annually for each of the two years preceding the submission of this application.

(j) The amount of grant funding requested;

(k) Information regarding the project for which funding is being requested, including:

(1) A complete description of the project the applicant will finance with the grant, including information and documentation to show that the project is eligible for grant funds in accordance with section 3421;

(2) Any communications from the applicable air district related to the project and any communications from the applicable local agency and the applicable air district related to the project that have not previously been uploaded to the California Environmental Reporting System, including any notices of violation, inspection reports, and work plan approvals;

(3) Proposals, estimates, or contracts prepared by the applicant's selected contractor(s) and equipment supplier(s) and estimates of any project costs not included in those proposals, estimates, or contracts, including a detailed breakdown of all eligible and ineligible labor, equipment, permitting, and other project costs; and

(4) An estimated timetable for completion of the project.

(l) Information and documentation regarding whether the project tanks are located at a fueling station that is available for public use and there is no other fueling station available for public use within a radius of fifteen miles from the fueling station;

(m) Any applicant requesting that the Board waive paragraph (3) and (4) of subdivision (a) of section 3422.1 must provide information and documentation demonstrating that the applicant does not qualify for a loan pursuant to section 3422 because the applicant is not able to provide adequate collateral and repay the loan, including credit reports, tax returns for the previous year, current and estimated schedule of debt for the applicant and each of the applicant's principals and any additional information and documentation that the Board requests consistent with section 3424; and

(n) Any other information or supporting documentation reasonably required by the Board to determine an applicant's eligibility or grant amount.

Cal. Code Regs. Tit. 23, § 3425

1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order, including amendment of subsection (i)(2)(A), transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3. Repealer and new section filed 3-6-2023; operative 7-1-2023 (Register 2023, No. 10).

Note: Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102, 25299.103, 25299.105, 25299.106 and 25299.107, Health and Safety Code.