Section 4402.2 - Critical Proposal(a) The Panel recognizes that certain applications/proposals for Panel funding are uniquely critical to the California economy, and therefore the development of such applications/proposals must be expedited. (1) The Executive Director determines if an application/proposal meets the criteria specified in subsection (2) for immediate attention. Such a project will be designated as a "Critical Proposal", and the development of that project will be given priority over other projects.(2) "Critical Proposals" are proposals that are part of a State of California economic development effort to provide incentives for businesses that are: (A) expanding within California through the addition of new jobs as a result of a new product or new business function; or(B) moving operations from out-of-state to California; or(C) adding a new facility in California; or(D) considering relocation of a California facility or operation to a location outside of California.(b) The Panel may modify the following requirements for Critical Proposals on a case-by-case basis: (1) Substantial contribution requirement, provided in 22 CCR § 4410, including, but not limited to, cases where a California business currently subject to a substantial contribution proposes to expand an existing facility by adding and training new employees for a new product line or business function(2) Limit on literacy training hours, provided in 22 CCR § 4420, in cases where the business has employees with limited English skills and demonstrates that their employees require an amount of literacy training which exceeds the limit specified in 22 CCR § 4420(3) Turnover rate, provided in 22 CCR § 4417, including, but not limited to, situations where an out-of-state business is moving to California and the business' turnover rate immediately prior to the announcement of the move meets the criteria set out in 22 CCR § 4417(4) Out-of-state vendor limitation, provided in 22 CCR § 4421, including, but not limited to, cases where an out-of-state business is moving its equipment (as well as its business) to California and the only people experienced with the equipment are the business' former employees who are located outside California(5) Definition of laboratory training, provided in 22 CCR § 4400(y), including, but not limited to, situations where a business must comply with industry-specific federally-mandated criteria for the delivery of training.(6) Training recordkeeping requirements, provided in 22 CCR § 4442, including, but not limited to, cases where a business must comply with industry-specific federally-mandated criteria for record keeping.Cal. Code Regs. Tit. 22, § 4402.2
1. New section filed 5-18-98; operative 5-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
2. Amendment of section and NOTE filed 8-17-2004 as an emergency; operative 8-17-2004 (Register 2004, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-17-2004 order transmitted to OAL 11-12-2004 and filed 12-27-2004 (Register 2004, No. 53).
4. Amendment of subsection (a)(2) and repealer of subsection (a)(3) filed 1-27-2010; operative 2-26-2010 (Register 2010, No. 5). Note: Authority cited: Section 10205(m), Unemployment Insurance Code. Reference: Sections 10200(b) and 10205(k), Unemployment Insurance Code.