Cal. Code Regs. tit. 4 § 5350

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 5350 - Definitions

In addition to the definitions set forth in Government Code section 8869.82 and unless otherwise required by the context, the following terms as used in this chapter are defined as follows:

"ANSI" means the American National Standards Institute which facilitates the development of American National Standards by accrediting standards developing organizations for a wide variety of products, manufacturing and industrial processes, and distribution processes for goods, services and energy.

"Forest Stewardship Council" means the independent, non-governmental, not-for-profit organization established in 1993 to promote the responsible management of the world's forests in cooperation with the ISO.

"IDB Application" means the Application titled "Application for an Allocation of the State Ceiling on Qualified Private Activity Bonds for a Small-Issue Industrial Development Bond Project" (revised 11-30-2018), which is hereby incorporated by reference.

"ISO" means the International Organization of Standardization

"Job Retention" means full time jobs that will be retained in California by the Project Sponsor. The company must be actively seeking to relocate jobs out of the state; forced to eliminate jobs in order to remain in operation; at risk of closing their local operations; or be acquired prior to closing or relocating under new ownership that commits to maintain company operations and retain existing jobs. The number of jobs retained shall be calculated on the number of full time jobs that are on the company payroll at the time of Application. The Job Retention period will begin upon issuance of the Bonds and must be met within two (2) years after issuance of Bonds. The Job Retention requirement may be monitored by CIEDB utilizing Employment Development Department job retention statistics.

"Median Hourly Production Occupation Wage" means the median hourly wage for production occupations as defined by the U.S. Bureau of Labor Statistics.

"Qualified Retirement Plan" means a retirement satisfying the requirements of 26 U.S.C. sections 401(a) or 403(a) and the Employee Retirement Income Security Act of 1974 (ERISA).

"Renewable Energy" means any device or technology that conserves or produces heat, processes heat, space heating, water heating, steam, space cooling, refrigeration, mechanical energy, electricity, or energy in any form convertible to these uses, that does not expend or use conventional energy fuels, and that uses any of the following electrical generation technologies pursuant to California Public Resources Code 26003(i)(1):

. Biomass

. Solar thermal.

. Photovoltaic.

. Wind.

. Geothermal.

Cal. Code Regs. Tit. 4, § 5350

1. New chapter 5 (articles 1-4, sections 5350-5384), article 1 (section 5350) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New chapter 5 (articles 1-4, sections 5350-5384), article 1 (section 5350) and section refiled 1-6-2011 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New chapter 5 (articles 1-4, sections 5350-5384), article 1 (section 5350) and section refiled 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of definition of "IDB Application" filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of definition of "IDB Application" refiled 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of definition of "IDB Application" refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
8. Renumbering of former chapter 5 to chapter 6 filed 12-21-2012 as an emergency pursuant to Government Code section 8869.94; operative 12-21-2012 (Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-19-2013 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
10. Certificate of Compliance as to 12-21-2012 order transmitted to OAL 5-23-2013 and filed 7-8-2013 (Register 2013, No. 28).
11. Amendment of definition of "IDB Application" filed 7-10-2014 as an emergency; operative 7-10-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 7-10-2014 order, including further amendment of definition of "IDB Application," transmitted to OAL 11-26-2014 and filed 1-13-2015; amendments effective 1-13-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 3).
13. Amendment of definition of "IDB Application" filed 12-15-2016 as an emergency pursuant to Government Code section 8869.94; operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-13-2017 or emergency language will be repealed by operation of law on the following day.
14. Amendment of definition of "IDB Application" refiled 5-30-2017 as an emergency pursuant to Government Code section 8869.94; operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-12-2017 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 12-15-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 38).
16. Amendment of definition of "IDB Application" filed 10-13-2017; operative 10-13-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
17. Change without regulatory effect amending definition of "IDB Application" filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
18. Change without regulatory effect amending definitions of "IDB Application" and "Job Retention" filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).

Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.

1. New chapter 5 (articles 1-4, sections 5350-5384), article 1 (section 5350) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New chapter 5 (articles 1-4, sections 5350-5384), article 1 (section 5350) and section refiled 1-6-2011 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New chapter 5 (articles 1-4, sections 5350-5384), article 1 (section 5350) and section refiled 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of definition of "IDB Application" filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of definition of "IDB Application" refiled 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of definition of "IDB Application" refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
8. Renumbering of former chapter 5 to chapter 6 filed 12-21-2012 as an emergency pursuant to Government Code section 8869.94; operative 12-21-2012 (Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-19-2013 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
10. Certificate of Compliance as to 12-21-2012 order transmitted to OAL 5-23-2013 and filed 7-8-2013 (Register 2013, No. 28).
11. Amendment of definition of "IDB Application" filed 7-10-2014 as an emergency; operative 7/10/2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 7-10-2014 order, including further amendment of definition of "IDB Application," transmitted to OAL 11-26-2014 and filed 1-13-2015; amendments effective 1/13/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 3).
13. Amendment of definition of "IDB Application" filed 12-15-2016 as an emergency pursuant to Government Code section 8869.94; operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-13-2017 or emergency language will be repealed by operation of law on the following day.
14. Amendment of definition of "IDB Application" refiled 5-30-2017 as an emergency pursuant to Government Code section 8869.94; operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-12-2017 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 12-15-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 38).
16. Amendment of definition of "IDB Application" filed 10-13-2017; operative 10/13/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
17. Change without regulatory effect amending definition of "IDB Application" filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
18. Change without regulatory effect amending definitions of "IDB Application" and "Job Retention" filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).