Cal. Code Regs. tit. 25 § 7966

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 7966 - Capital Development Grants

(a) A capital development grant includes any single eligible activity or combination of eligible activities described in section 7961(a)(2) and (8), for which these combined costs at a single site exceed $20,000.

(b) Allowable costs for a capital development grant are those identified in subsection 7961(c), and limited to expenditures for approved eligible activities completed within the term of the standard agreement.

(c) The maximum capital development grant shall be $150,000 per site.

(d) Reserved.

(e) Applications for capital development grants must be made separately from applications for operating facilities grants.

(f) For regions where the DLB is authorized to select capital development grant applications, such applications shall be submitted to the DLB for selection pursuant to this subchapter and the approved LESS.

(g) For regions where there is no DLB, or the DLB is not authorized to select capital development grants, capital development grant applications shall be submitted to the Department for determination of eligibility, rating and ranking. These applications shall provide the information necessary for the Department's evaluation pursuant to subsections (i) and 7967(b).

(h) For regions where the DLB is not authorized to select capital development grants, the DLB may elect to preclude applications for capital development grants, provided this determination and the treatment of any capital development grant allocation is identified in the LESS.

(i) A capital development project shall be deemed feasible, where an evaluation by the RTE, as applicable, demonstrates and certifies to all of the following:

(1) The legal status, finances and projected cash-flow, technical feasibility, and the accuracy of the project's schedule demonstrate the probability of a successful completion of the project;

(2) The project's design and materials and the proposed labor needs and costs demonstrate that the project is devoid of non-essential or luxury design or materials;

(3) The current ownership and potential ownership of the real property demonstrate that control of the real property is sufficient to enable the project to be completed and to be operated for at least five years beyond completion, without jeopardizing the Department's security;

(4) The proposed schedule corresponds with the scope of the project and demonstrates that the project shall be completed within the initial term of the standard agreement.

(5) The management team proposed for the project has the experience and ability to efficiently and successfully complete the project as proposed.

Cal. Code Regs. Tit. 25, § 7966

1. Repealer and new section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94, No. 11). A Certificate of Compliance must be transmitted to OAL 7-18-94 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-7-94 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).
7. Editorial correction of subsection (c) (Register 2010, No. 22).
8. Repealer and reservation of subsection (d) and amendment of subsection (i)(4) filed 5-25-2010; operative 5-25-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 22).

Note: Authority cited: Sections 50402, 50801.5 and 50806.5, Health and Safety Code. Reference: Sections 50802.5, 50803 and 50804.5, Health and Safety Code.