Section 8102 - Brownfield Infill Project Program DefinitionsIn addition to, or in place of the definitions contained in Section 8090, the following definitions shall govern construction of the Brownfield Infill Project Program.
(a) "Brownfield Infill Project" means a project within an Infill Area involving the Remedy, Remedial Action, mitigation and clean-up of Hazardous Material, at a Brownfield, including assessment and site characterization regarding Hazardous Materials first uncovered in the course of mitigation or remediation funded by an Infill Grant or Infill Loan.(b) "Brownfield Remediation Completion Document" means a written verification from an Oversight Agency stating that the Remedial Work performed was adequate in the remediation of Hazardous Materials at the Brownfield Infill Project.(c) "Brownfield Remediation Final Report" means a written document that includes, but is not limited to: (1) Certification that the Borrower or Grantee implemented the final remedy in accordance with the approved Cleanup Plan, and that the work was done in accordance with all applicable laws and regulations.(2) Certification that the Brownfield Infill Project has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000- 21177) and the State CEQA guidelines contained in Section 15000 et seq. of Title 14 of the California Code of Regulations.(3) A final description of the Remedial Work conducted on the Brownfield Infill Project, including but not limited to:(A) A description of the Remedial Work conducted on the Brownfield Infill Project;(B) Copies of all necessary permits relating to the Brownfield Infill Project;(C) Copies of the original and amended versions of the approved Cleanup Plan; and(D) A description of the public outreach conducted relating to the Brownfield Infill Project.(4) Provision of a copy of the Brownfield Remediation Completion Document the Borrower or Grantee received from the appropriate Oversight Agency.(5) Where the remediation and/or Cleanup Plan includes Ongoing Operation and Maintenance, a copy of a plan, approved by the Oversight Agency that ensures that the required mitigation measure will remain in operation for the required time and a copy of the agreement creating a trust or escrow account for the funds.(d) "Completed Infill Development Project," "Completion of the Infill Development Project," or "Complete the Infill Development Project" means the point at which the development of the Brownfield is completed, and the Applicant has received a certificate of occupancy, or its equivalent, from the appropriate local public agency.(e) "Completed Infill Development Project Report" means a report submitted to the Strategic Partner which includes the Applicant's certification of a Completed Infill Development Project which will include, but is not limited to: (1) A description of the Completed Infill Development Project, including a comparison to the Applicant's description pursuant to Section 8102.2;(2) A certificate of occupancy, or the equivalent building permit or legal document from the appropriate local government agency; and(3) A copy of the Regulatory Agreement or Recorded Covenant, if applicable.(f) "Eligible Brownfield Infill Project Cost" means costs associated with the removal or abatement of Hazardous Materials and Remedial Work related to the Cleanup Plan, pursuant and in accordance with Health and Safety Code Section 44526(h)(1), including, but not limited to: (1) Cleanup, mitigation, remediation, mid-project assessment and characterization, and other costs, including development costs as required by the Oversight Agency;(2) Technical Assistance;(3) The Costs of the Oversight Agency and other Governmental oversight incurred by the Borrower and/or Grantee that is associated with the Remedial Actions related to the Brownfield Infill Project;(4) No more than twenty percent (20%) of the requested Infill Loan or Infill Grant amount may be spent on environmental insurance premiums; and(5) Planning, construction, equipment and installation that may require operation and maintenance, beyond the term of the Infill Loan or Infill Grant.(g) "Grantee" means an Applicant whose Infill Application has been approved and who has executed an Infill Grant Agreement.(h) "Infill Application" means the provision by the Applicant of the information requested in Section 8102.2.(i) "Infill Area" means a contiguous area that has been previously developed that is located within an established urban and/or rural neighborhoods or communities, where those neighborhoods or communities are already served with streets, water, sewer and other public services.(j) "Infill Development Project" means a development project within an Infill Area, consistent with Regional and Local Land Use Plans, which produces or Promotes Residential Development or Mixed Use Development.(k) "Infill Grant" means a grant made in accordance with procedures in Sections 8102.1, and 8102.4.(l) "Infill Grant Agreement" means a written agreement for an Infill Grant entered into between: (1) An Applicant and the Authority; or(2) A Strategic Partner and the Authority pursuant to Section 8102.12.(m) "Infill Loan" means a loan made in accordance with the procedures in Sections 8102.1 and 8102.4.(n) "Infill Loan Agreement" means a written agreement for an Infill Loan entered into between: (1) An Applicant and the Authority; or(2) A Strategic Partner and the Authority pursuant to Section 8102.12.(o) "Ineligible Brownfield Infill Project Costs" includes, but is not limited to:(1) Costs not authorized by Health and Safety Code Section 44526(h)(1);(2) Monitoring and data collection necessary to apply for, or comply with, environmental permits under other federal and state laws, unless such permit is required by the Cleanup Plan;(p) "Mixed Use Development" means a development project including residential use and at least one other type of use in a building or set of buildings. Along with residential, included uses can be, but are not limited to some combination of commercial, industrial, office, institutional, or other land uses.(q) "Ongoing Operation and Maintenance" means those activities initiated or continued at a Brownfield Infill Project beyond the term of the Infill Loan Agreement or Infill Grant Agreement that is deemed necessary by the Oversight Agency in order to protect public health or safety or the environment, to maintain the effectiveness of the Remedial Work at the Brownfield Infill Project, or to achieve or maintain the standards and objectives established and approved by the Oversight Agency.(r) "Promotes Residential Development or Mixed Use Development" means a development project that is directly related to and necessary for the development of new Residential Development or Mixed Use Development within an Infill Area and required by the local governing body.(s) "Recorded Covenant" means a covenant recorded on an Infill Brownfield Development Project which receives an Infill Grant: (1) Ensuring the affordability of rental units for a term of at least fifty-five (55) years; or(2) Including either a resale restriction for at least thirty (30) years or equity sharing upon resale for ownership units.(t) "Regional and Local Land Use Plan(s)" means at least one of the following: (1) The adopted general plan of city, county, or city and county, in which the Infill Development Project resides;(2) The housing element of the city, county, or city and county, in which the Infill Development Project resides;(3) A project area redevelopment plan;(4) A regional blueprint plan;(5) A capital improvement plan; or(6) A regional transportation plan or a transportation corridor plan.(u) "Regulatory Agreement" means a recorded legal agreement between the Applicant and a public agency that determines the restrictions and terms of affordability of the housing units created by the Infill Development Project.(v) "Remedial Work" means the performance of the activities outlined and required by the Oversight Agency of the Brownfield Infill Project.(w) "Residential Development" means a project with the primary purpose of providing housing.(x) "Responsible Party" means any entity identified in 42 U.S.C. Sections 9607(a)(2), 9607(a)(3) and 9607(a)(4).(y) "Supplemental Infill Application" means the provision by the Applicant of the information requested in Section 8102.2 that was not previously provided pursuant to Section 8092, which must include: (1) Certification that the information provided by the Applicant pursuant to Section 8092 is current and updated;(2) The Applicant provides the certification of information pursuant to Section 8102.2 (l) and Section 8102.2(m).Cal. Code Regs. Tit. 4, § 8102
1. New subarticle 2 (sections 8102-8102.15) and 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 subarticle 2 (sections 8102-8102.15) and 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 subarticle 2 (sections 8102-8102.15) and section refiled 11-24-2008 as an emergency, including further amendment of subsection (c)(2); 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), (f)(4)-(5), (j), (l)(1) and (n)(1), repealer of subsections (l)(2)-(3) and (n)(2)-(3), subsection renumbering and amendment of subsection (r) and NOTE, 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 44501, 44502, 44504.1, 44505, 44506, 44507, 44508, 44520, 44525, 44525.7, 44526(h), 44526(h)(1), 44526(i), 44537.5, 44548(a), 44548(b), 53545 and 53545.14, Health and Safety Code.
1. New subarticle 2 (sections 8102-8102.15) and 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 subarticle 2 (sections 8102-8102.15) and 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 subarticle 2 (sections 8102-8102.15) and section refiled 11-24-2008 as an emergency, including further amendment of subsection (c)(2); 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), (f)(4)-(5), (j), (l)(1) and (n)(1), repealer of subsections (l)(2)-(3) and (n)(2)-(3), subsection renumbering and amendment of subsection (r) and Note, transmitted to OAL 1-7-2009 and filed 2-23-2009 (Register 2009, No. 9).