Cal. Code Regs. tit. 4, § 8102.9 – Strategic Partner Reports and Records Retention.

(a) A Strategic Partner shall provide the following quarterly reports to the Authority: no later than the fifteenth day of April, July, October, and January for the quarters ending in March, June, September and December, respectively:
1. (1) Applications Received Report. This report shall include the following information:
  1. (A) A listing of identified Brownfield Infill Projects for which Infill Applications have been submitted and for which funding is anticipated during the next six months;
  2. (B) Identification of whether the proposed Brownfield Infill Project meets the various criteria outlined in Section 8102.1(a);
  3. (C) Identification of whether the Strategic Partner is the Applicant;
  4. (D) Requested award amount and type;
  5. (E) Description of the anticipated Infill Development Project, including the total number of housing units created, the number of affordable units and the depth and duration of affordability;
  6. (F) Indication of whether the Brownfield Infill Project is located within an Economically Distressed Community;
  7. (G) Anticipated timeline of completion of the Brownfield Infill Project;
  8. (H) Anticipated timeline of completion of the Infill Development Project;
  9. (I) Previous use of the Brownfield and known contaminants; and
  10. (J) Applicant's identified Oversight Agency.
2. (2) Request for Funds Report. This report shall include the following information for each Brownfield Infill Project to be funded during the next three months:
  1. (A) A description of the Brownfield Infill Project;
  2. (B) Identification of whether the Brownfield Infill Project meets the various criteria and priorities outlined in Section 8102.1(a);
  3. (C) Identification of whether the Strategic Partner is the Applicant;
  4. (D) Requested Infill Loan or Infill Grant amount for the Brownfield Infill Project;
  5. (E) Description of Eligible Brownfield Infill Project Costs to be funded for the Brownfield Infill Project.
  6. (F) Proposed Infill Loan or Infill Grant term.
  7. (G) Identification of the combined total amount of Infill Grant or Infill Loan funds requested for the quarter.
3. (3) Brownfield Infill Projects Status Report. This report shall describe the current status of each Brownfield Infill Project for which an Infill Loan and/or Infill Grant (including an Infill Loan and/or Infill Grant for which the Strategic Partner is the Applicant) remains outstanding including:
  1. (A) A description of activities performed at the Brownfield Infill Project for the previous three months.
  2. (B) A statement of whether or not the Strategic Partner has received the Brownfield Remediation Final Report and, if so, a summary of the Brownfield Remediation Final Report that was received during the previous three months.
  3. (C) A statement of whether the Strategic Partner has received the information required by Section 8102.6.
4. (4) Outstanding Infill Loans and Infill Grants Report. This report shall describe the current status of every Infill Loan and Infill Grant (including those where the Strategic Partner is the Borrower or Grantee) including:
  1. (A) Name of the Borrower or Grantee;
  2. (B) Whether the award is an Infill Grant or an Infill Loan;
  3. (C) If an Infill Loan, the interest rate on the Infill Loan;
  4. (D) Whether the Borrower or Grantee is a Small Business;
  5. (E) Identification of whether the Borrower or Grantee is a Strategic Partner;
  6. (F) Name of Brownfield Infill Project;
  7. (G) Street Address of the Brownfield;
  8. (H) Draws on outstanding Infill Loans and Infill Grants;
  9. (I) Current payments;
  10. (J) Total Infill Loan repayment status;
  11. (K) If the term of any Infill Loan or Infill Grant is extended:
    1. (i) The date of the extension; and
    2. (ii) The current Infill Loan or Infill Grant amount and term.
5. (5) Other reports and documents as reasonably requested by the Authority.
(b) Brownfield Infill Development Project Status Report. A Strategic Partner shall provide an annual report no later than February 1st of each year to the Authority that shall describe the current status of the development of each Brownfield Infill Project for which an Infill Loan or Infill Grant (including an Infill Loan or Infill Grant where the Strategic Partner is the Applicant) was made including:
1. (1) A description of the Infill Development Project, including, but not limited to the total number of residential units, densities, the number of affordable units and the depth and duration of the affordability.
2. (2) A detailed description of development activities performed at the Brownfield for the previous year.
3. (3) Upon completion of the Infill Development Project, a description of the final use for the property.
(c) Records Retention. A Strategic Partner shall retain the Application, all documents that were submitted by the Applicant with the Application, and all documents pertaining to the Infill Loan or Infill Grant and the Brownfield Infill Project for at least six years after the later of the termination of the Infill Loan or Infill Grant, or the completion of actions and the resolution of all issues, that arise as a result of any litigation, claim, negotiation or audit concerning the Infill Loan Agreement or Infill Grant Agreement executed pursuant to Section 8102.6. Upon completion of the six years, the Strategic Partner shall submit all documents to the Authority for record keeping.

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 (a), (a)(1)(G) and (c), transmitted to OAL 1-7-2009 and filed 2-23-2009 (Register 2009, No. 9).