Cal. Code Regs. tit. 25 § 7054

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 7054 - Definitions

"Act" means Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301 et seq., as amended.

"Activity" means any single eligible undertaking carried out as part of an applicant's program under the State CDBG Program.

"Applicant" means any eligible city or county that applies for funds pursuant to this subchapter as set forth in Section 7060.

"CFR" is the acronym used for the Code of Federal Regulations.

"Chief executive officer" of a unit of local government means the mayor of a city, the chairman of a county board of supervisors, or the official designated pursuant to law by the governing body of the unit of general local government who has the primary responsibility for the conduct of that unit's governmental affairs.

"CDBG" means the Community Development Block Grant program as created by the Act.

"Community Development Block Grant Funds," "CDBG Funds," or "Grant Funds" means any funds allocated by a grant agreement pursuant to this subchapter or previously funded to nonentitlement jurisdictions by HUD pursuant to their authority under the Act.

"Department" means the State of California Department of Housing and Community Development.

"Director" means the Director of the Department.

"Economic Development Allocation" means the funds set aside each year for economic development pursuant to Health and Safety Code Section 50827 and Section 7062.1.

"Economic Development", and "ED" for the purpose of these regulations, means providing grants to non-entitlement jurisdictions to conduct CDBG eligible activities as defined in 42 USC 5305.

"Federal regulations" means the federal regulations governing the State administration of the Community Development Block Grant nonentitlement funds set forth in the Code of Federal Regulations, Title 24, Part 570, Subchapter C, Subpart I, commencing with Section 570.480.

"Funding" means financial assistance provided in whole or in part for any eligible activity.

"Funding Cycle" means the annual period of time during which HUD makes funds available to the State for distribution to local governments pursuant to the Act, and includes the period of time during which the Department solicits applications and makes grant awards.

"General" means all activities, other than Economic Development activities, eligible under 42 USC 5305 and 24 CFR 570.482. "General" as defined here can also refer to "Community Development".

"Grant Agreement" means the contractual arrangement between the State and the Grantee which sets forth the terms and conditions by which State CDBG funds are utilized.

"Grantee" means a unit of general local government which has been awarded funds provided pursuant to this subchapter to carry out a program.

"Household" means persons occupying a housing unit as the place of residence.

"Housing Element" means the part of a city or county's General Plan as required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.

"HUD" means the United States Department of Housing and Urban Development.

"Infrastructure" means the physical systems such as roads, sidewalks, streetlights, water and sewer facilities which are necessary to provide basic community services.

"Lowest Targeted Income Group" means persons and households with incomes less than 50 percent of the latest HUD estimated area median family income who are intended to be beneficiaries of the State CDBG Program.

"Microenterprise" means a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise.

"NOFA" is the acronym used for Notice of Funding Availability. The NOFA is the document used by the Department to announce that CDBG funds are available and applications may be submitted.

"Overpaying" means households which are paying more than 30% of their gross household income for housing costs, including utilities. Data used to document overpaying includes the percentage of renters who pay more than 30% of household income for gross rent, including utilities, and the percentage of homeowners who pay more than 30% of household income for selected housing costs, including utilities, based on the latest available U.S. Census data.

"Over-the-Counter" or "OTC" means an allocation of Economic Development funds designated for large business assistance or infrastructure in support of business projects.

"OMB" means the federal Office of Management and Budget.

"Permanent job" means a full-time or full-time equivalent job created or retained by an activity funded under the Economic Development Allocation which is directly related to the expansion or retention of a business. To be considered "full-time" a job must provide at least 1,750 hours per year. Part-time jobs that provide at least 875 hours per year of employment may be aggregated to arrive at a full-time equivalent job of at least 1,750 hours per year.

"Poverty Persons" means individuals whose incomes are below the poverty level based on the latest available U.S. Census data.

"Program" means all of the activities funded in whole or in part included in an application which are funded under this subchapter.

"State" means the State of California.

"Targeted Income Group" or "TIG" means persons or households with low to moderate income (Low/Mod) as defined in 42 USC 5302(a)(20). "TIG" as defined here can also be referred to as "Low/Mod".

The following definitions are described in Section 7078(d)(10)

"3rd Party Documentation"

"Activity Specific Operator Experience"

"Age of Housing"

"All Funding in Place"

"Condition of Approval for PIHNC"

"Cooperation/Compliance in Clearing Audit or Monitoring Findings"

"Experienced In-House Staff"

"Extent of the Solution"

"Homeownership Rate"

"In-House Organizational Capacity"

"Low-Mod Percentage"

"Market Analysis"

"Operator Experience / Program Readiness"

"Overcrowding"

"Poverty Percentage"

"Project Approval Status"

"Program Description"

"Program Guidelines"

"Program Operator Qualifications"

"Program Operator's Status"

"Ready to Start"

"Regional Housing Needs Assessment / RHNA Data"

"Rental Vacancy Rate"

"Reporting Points"

"Seriousness of Health and Safety Threat"

"Severity of the Problem"

"Site Control"

"Site Control of Facility for Program"

"Site Control of Land for Project"

"Timely Clearance of Special Conditions"

"Unemployment "

"Waiting List of Pre-Screened Applicants"

Cal. Code Regs. Tit. 25, § 7054

1. Amendment filed 1-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 3).
2. Amendment filed 2-22-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 9).
3. Amendment filed 3-4-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 10).
4. Amendment adding definitions for "CFR," "Economic Development Allocation," "Federal regulations," "Microenterprise" and "Permanent job," amendment of "Targeted Income Group," and amendment of NOTE filed 11-8-95; operative 11-8-95 pursuant to Government Code section 11343.4(d) (Register 96, No. 48).
5. Amendment filed 8-13-2012; operative 8-13-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 33).

Note: Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code; and 24 CFR 570.489(b). Reference: Section 65580 et seq., Government Code; Sections 50406, 50407 and 50827, Health and Safety Code; 25 California Administrative Code 6008(c)(5), 42 U.S.C. 5301, et seq.; and 24 CFR, Part 570, Subpart I.

1. Amendment filed 1-19-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 3).
2. Amendment filed 2-22-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 9).
3.Amendment filed 3-4-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 10).
4. Amendment adding definitions for "CFR," "Economic Development Allocation," "Federal regulations," "Microenterprise" and "Permanent job," amendment of "Targeted Income Group," and amendment of Note filed 11-8-95; operative 11-8-95 pursuant to Government Code section 11343.4(d) (Register 96, No. 48).
5. Amendment filed 8-13-2012; operative 8-13-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 33).