1. (a) Upon recommendation from the Strategic Partner, the Authority may approve an Infill Application. The Strategic Partner may recommend approval upon a determination that:

   1. (1) The Infill Application is complete and satisfies the requirements of Section 8102.2;
   2. (2) The proposed Infill Development Project meets the requirements of Sections 8102.1 and 8102.4;
   3. (3) The Infill Application has been scored according to the criteria set forth in Section 8102.14.

2. (b) An Applicant may submit an Infill Application where its Remedial Action Plan or Cleanup Plan has been submitted to, but has not yet been approved by, the appropriate Oversight Agency. Upon receipt of an Infill Application that is complete except for the inclusion of a Remedial Action Plan or Cleanup Plan approved by the appropriate Oversight Agency, the Strategic Partner shall conduct a preliminary review and inform the Applicant the Infill Application is complete contingent upon receipt of a Remedial Action Plan or Cleanup Plan approval from the appropriate Oversight Agency.

   Notice from the Strategic Partner that the Infill Application is complete does not constitute approval or create any obligation to fund an Infill Grant or Infill Loan. Where the Infill Grant or Infill Loan is ultimately funded however, any Eligible Brownfield Infill Costs may be reimbursed back to the date the Infill Application was deemed complete by the Strategic Partner.

3. (c) Upon approval of an Infill Application by the Authority, the Strategic Partner shall notify the Applicant by a letter committing the Authority to provide Infill Grant or Infill Loan funds so long as the Applicant strictly complies with the terms and conditions contained therein. The commitment letter shall include at least all of the following:

   1. (1) Name of the Applicant and any guarantor;
   2. (2) Amount and term of the Infill Grant or Infill Loan;
   3. (3) A description of Eligible Brownfield Infill Costs to be financed by the Infill Grant or Infill Loan;
   4. (4) Interest rate, if applicable;
   5. (5) A requirement that any evidence described in Section 8102.2 as being expected prior to the disbursement of loan proceeds shall be received as a condition to disbursement of Infill Grant or Infill Loan proceeds;
   6. (6) A description of the disbursement process, including a statement that Infill Grant or Infill Loan proceeds shall be disbursed on a reimbursement basis;
   7. (7) Insurance requirements, if any;
   8. (8) Conditions and covenants;
   9. (9) The date when the commitment expires;

   10. (10) A statement that the Authority reserves the right to modify or cancel the commitment upon failure of the Applicant to execute an Infill Grant Agreement or Infill Loan Agreement that includes all of the terms and conditions set forth in the commitment letter, or if the Authority or the Strategic Partner becomes aware of any material fact which, if known at the time of Infill Grant or Infill Loan review or approval, would have resulted in the Infill Application not being approved, including but not limited to:

       1. (A) A determination that the Infill Application was prepared incorrectly, contains incorrect information or omits required information; or
       2. (B) Any change in business circumstances that would negatively affect the Applicant's ability to repay the Infill Loan or complete the Infill Development Project.
   11. (11) The commitment letter will reserve the Applicant's award until the Cleanup Plan or Remedial Action Plan is approved by the Oversight Agency and the necessary Infill Grant Agreement or Infill Loan Agreement can be executed.

   12. (12) A commitment letter is valid for twelve (12) months. If the Applicant's Cleanup Plan or Remedial Action Plan has not been approved by an Oversight Agency upon expiration of the commitment letter:

       1. (A) The Authority may extend the term of any commitment letter upon a finding that it is in the public interest and advances the purposes of the program.
       2. (B) The award may be deemed to be unencumbered and will revert to the Authority.
       3. (C) The Applicant may be required to re-submit its Infill Application to be considered for any subsequent Infill Grant or Infill Loan.
4. (d) In approving an Infill Application, the Authority may elect to proceed in a series of funding rounds in which specified amounts will be made available for allocation. In the alternative, the Authority may make the entire amount available for allocation in one continuous process. The Authority will make its decision in this regard and meeting schedule known as early as practicable in any calendar year in which funds are available.

5. (e) The Authority will consider the following criteria in decisions allocating and approving to fund an Infill Application:

   1. (1) The availability of program funds;
   2. (2) Program priority as identified in Section 8102.4(e);
   3. (3) Public benefits, including but not limited to those evaluated pursuant to Section 8102.14;
   4. (4) Geographic distribution targets as identified in Section 8102.15; and

6. (f) If program funds are not available, the Authority may pre-approve funding of an Infill Application conditioned upon:

   1. (1) Program funds being available at a future date; and
   2. (2) Reconfirmation of the award by the Authority; and
   3. (3) The Infill Application is subject to all other provisions of this Article.

Note: Authority cited: Section 44520, Health and Safety Code. Reference: Sections 44501, 44502, 44504.1, 44505, 44506, 44507, 44508, 44520, 44525.7, 44526(h), 44526(i), 44537.5, 44548(a), 44548(b), 53545 and 53545.14, Health and Safety Code.

History

1. New 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 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 section refiled 11-24-2008 as an emergency; 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 (c)(11)-(12) and new subsections (d)-(f)(3), transmitted to OAL 1-7-2009 and filed 2-23-2009 (Register 2009, No. 9).