Cal. Code Regs. tit. 4 § 8102.1

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 8102.1 - Infill Grant and Infill Loan Eligibility

(a) An Applicant shall be eligible for an Infill Grant or Infill Loan when the Strategic Partner determines all of the following:

(1) The Applicant submits an Infill Application that meets the requirements of Section 8102.2;

(2) The Applicant proposes a Brownfield Infill Project within an Infill Area;

(3) The Applicant submits a Remedial Action Plan or Cleanup Plan that has been approved by an appropriate Oversight Agency;

(4) The Applicant submits a Phase I assessment report consistent with Title 40, Part 312 of the Code of Federal Regulations;

(5) The Infill Grant or Infill Loan is requested to fund all or a portion of Eligible Brownfield Infill Project Costs associated with a Brownfield Infill Project;

(6) The Applicant demonstrates the ability to retain, or is, a development entity;

(7) If the requested Infill Grant or Infill Loan does not finance all costs of the Brownfield Infill Project, the Applicant identifies an alternative funding source or other financial means to finance the costs of the Brownfield Infill Project not covered by the Infill Grant or Infill Loan;

(8) The Applicant demonstrates that the Infill Development Project produces or Promotes Residential Development or Mixed Use Development;

(9) The Applicant demonstrates that the Infill Development Project is consistent with Regional and Local Land Use Plan(s);

(10) The Applicant identifies the funding sources to develop the Infill Development Project ;

(11) The Applicant has not been convicted of a felony or misdemeanor involving the regulation of Hazardous Materials, including, but not limited to, a conviction of a felony or misdemeanor under California Health and Safety Code Section 25395.13; and

(12) Any affirmative responses provided in Section 8102.2 (l) do not materially impugn the integrity of the Applicant or will not adversely affect the Applicant's ability to comply with these regulations.

(b) The determination of eligibility by a Strategic Partner does not constitute approval of an Infill Application. No award can be made unless the Strategic Partner's recommendation is subsequently ratified by the Authority.

Cal. Code Regs. Tit. 4, § 8102.1

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)(4) and (a)(8), transmitted to OAL 1-7-2009 and filed 2-23-2009 (Register 2009, No. 9).

Note: Authority cited: Section 44520, Health and Safety Code. Reference: Sections 25395.13, 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.