Section 10204 - Procedures(a) The Commission shall accept requests for financing only in the form and in the manner specified in these Regulations:(1) An Applicant shall submit a Preliminary Application to the Commission. The Preliminary Application shall include:(A) A general description of the project, estimated schedule for completion and an estimate of the total amount of financing required and a request for financial assistance.(B) A copy of the draft environmental studies and other reports prepared by the Applicant for submission to the lead agency responsible for preparation of the Environmental Impact Report (EIR), and to the lead agency responsible for preparation of an Environmental Impact Statement (EIS) to the extent and as it becomes available.(C) A copy of the application to the Public Utility Commission for a Certificate of Public Convenience and Necessity.(D) To the extent and as it becomes available, a copy of the Applicant's submittal to any other governing agency or approving body without whose permission the project cannot be completed, particularly submittal to agencies responsible for the environmental impact review or to the Public Utilities Commission requesting the issuance of a Certificate of Public Convenience and Necessity.(E) The fee(s) as provided in Section 10205.(F) Any additional information or representations the Applicant deems relevant or necessary for consideration of the request for financing by the Commission.(G) Any other information the Commission deems as necessary or relevant to its consideration of the request for financing.(2) Concurrent with, or prior to, the submission of a Preliminary Application, an Applicant shall submit a Letter of Intent, signed by an officer authorized to represent the Applicant whereby the Applicant: (A) Agrees to pay all costs incurred by the Commission in connection with the review of information submitted in support of the request for financing or bond issuance;(B) Agrees to pay the costs of preparation of any studies, reports or other documents requested to be prepared by or for the Commission;(C) Agrees to pay Start-Up costs;(D) Agrees to pay for the Commission's hiring of experts (financial, legal, engineering, etc.) which the Commission in its sole discretion decides to retain for purposes of evaluating the Application;(E) Agrees to pay any and all costs incurred by the Commission in any legal action challenging the validity of any Commission action regarding the request for financing or the issuance of the bonds;(F) Understands that the Commission in its sole discretion may determine not to approve a request for financing or determine not to proceed with a financing; and(G) Agrees to indemnify, defend, and hold harmless the Commission from any and all claims, demands, causes of action, and liabilities arising or alleged to arise out of the financing of the project, the adoption of a resolution of intent, or the determination of the Commission, or any other entity, not to proceed with the financing of the project, and the Commission may require the Applicant to post a bond to assure the performance of the requirements of this paragraph.(3) Upon receipt of the Application, and the Letter of Intent, the Commission shall within 60 days notify the Applicant of the Commission's acceptance of the Application and the Letter of Intent and its willingness to proceed or its non-acceptance and the reasons for non-acceptance. An Application is not received until it is completed to the extent possible, the Letter of Intent has been received, and the Commission has notified the submitter. Upon acceptance of the Letter of Intent, the Commission may issue an inducement resolution solely for the purposes of allowing the Applicant to incur costs which qualify under Section 103 of the Internal Revenue Code.(4) Not less than 30 days nor more than 180 days following the approval (or certification) of the EIR and EIS for the project, the issuance of the Certificate of Public Convenience and Necessity, or the approval of any other governing agency or approving body without whose permission the project cannot be completed, whichever is obtained last, the Commission shall act on an Initial Resolution. The Applicant shall submit each such final approvals and reports, complete with any back-up material, as soon as available.(5) Upon approval by the Commission of the Initial Resolution, the Applicant may submit an Application(s) for Financing. (A) If portions of the financing are to be separately secured as to revenues, separately owned or operated by participating parties, or otherwise separate and distinct, the Applicant may submit an Application for Financing for each separate and distinct financing, and the Commission shall approve or disapprove each separate financing without prejudice to any other Application for Financing presented by a participating party.(B) All Applications for Financing must be submitted within the time specified in the Initial Resolution, unless such time is extended by the Commission.(C) The Application for Financing shall include a complete description of the financing requested, including a description of the security, bond funds, methods of marketing and such other information as the Commission shall require.(6) Upon review and approval of the Commission of an Application for Financing, the Commission may adopt a Final Resolution authorizing the issuance of the bonds or other indebtedness or securities. In approving a project, the Commission may qualify its approval subject to conditions it deems reasonable and necessary. (A) The Final Resolution shall be in full accordance with the Act and may include such findings, specifications, covenants, and information specified in Section 92256 of the Act, and shall include such other findings, specifications, covenants and information as deemed necessary or relevant by the Commission, including the finding that the project is in the public interest and carries out the intent of the Act.(B) No Final Resolution shall be adopted by the Commission except after a public hearing or hearings of the Commission noticed and held in accordance with Section 92259 of the Act and any other provisions of state or federal laws applicable to such issuance.(C) The Final Resolution shall not be valid unless approved by a majority of the members of the Commission and also approved by the Treasurer.(D) Prior to the delivery by the Commission of any bonds of an issue in return for the purchase price, the commission may summarily suspend any qualification or approval of such issue. Upon taking any such action, the Commission shall promptly notify each participating party of such action and of the reasons therefore and that upon the receipt of a written request of the participating party, or any other party involved in the issuance, the matter will be set for hearing to commence within 20 business days after such receipt unless the participating party consents to a later date. If no hearing is requested within 35 business days of notification to the participating party and none is ordered by the Commission, the Commission may summarily revoke the qualification or approval of the issuance, or modify or vacate the suspension, or extend it until final determination. 1. The Commission shall not suspend or revoke any qualification or approval of the bonds, once the bonds have been sold, absent extraordinary circumstances.2. The Commission shall vacate or modify a suspension or revocation of qualification if it finds that the reasons for the suspension or revocation do not or no longer exist or that the reasons which do exist are not sufficient.(7) In approving or disapproving an Application for financing, either in whole or in part, the Commission shall rely upon information submitted by applicants and applicants' representatives, and shall request additional information to be submitted by applicants, applicants' representatives, state and local agencies and independent consultants, including but not limited to financial advisors, accountants, engineers and architects.(8) Prior to the approval of the Final Resolution, the form of all documents necessary to the transaction, including but not limited to bond documents, trust indentures, security agreements, legal opinions, and other such documents as the Commission requires, shall be available for Commission staff review.Cal. Code Regs. Tit. 4, § 10204
Note: Authority cited: Section 92107, Government Code. Reference: Sections 92107, 92111, 92150, 92151, 92200, 92250 and 92257, Government Code.