10 CCR s 5280

Cal. Admin. Code tit. 10, s 5280

CALIFORNIA CODE OF REGULATIONS
TITLE 10. INVESTMENT
CHAPTER 7.1. BUSINESS, TRANSPORTATION AND HOUSING AGENCY: METAL PLATING
FACILITY LOAN GUARANTEES
ARTICLE 1. METAL PLATING FACILITY LOAN GUARANTEES
This database is current through 01/05/07, Register 2007, No. 1.
s 5280. Definitions.

In addition to the definitions contained in Public Resource Code section
42100, the following supplemental definitions shall govern the
construction of this chapter:
(a) "Act" means Article 1 (commencing with section 42100) of Chapter 2 of
Part 3 of Division 30 of the Public Resources Code.

(b) "Air District" means the local Air Quality Management District or Air
Pollution Control District.

(c) "Application" means all of the information required by a corporation
in order to determine whether to offer a borrower a guarantee.

(d) "Board of Directors" means the governing board of a corporation
established pursuant to Corporations Code section 14055.

(e) "Borrower" means an eligible business that has received a commitment
for a loan, or has prepared an application. In order to be an "eligible
business", the business must meet all of the eligibility requirements
defined in section 5281.

(f) "CEQA" means the California Environmental Quality Act as set forth in
Division 13 (commencing with section 21000) of the Public Resources Code.

(g) "Collateral" means those personal and business assets of the borrower
and guarantor subject to a lien under the loan.

(h) "Collection guarantee" means a guarantee of a specified percentage of
net loan principal and ninety (90) days interest at the same percentage.
"Net loan principal" as used in this paragraph means the amount of loan
principal remaining outstanding after the lender has fully complied with
the collection procedures in section 5286.

(i) "Corporation" means a Financial Development Corporation formed under
the California Small Business Financial Development Corporation Law
(Chapter 1 [commencing with section 14000], Part 5, Division 3,
Corporations Code).

(j) "Default" means either a delinquency which has not been cured within
ninety (90) days, or that the borrower is in bankruptcy.

(k) "Delinquency" means the failure of the borrower to make any payment
when due, pursuant to the terms of the loan, except for any principal
payment due at the maturity of the loan.

(l) "Demand" means a request for payment by a lender to a corporation
pursuant to section 5285.

(m) "Environmental audit" means an investigation that may be required by a
lender or a corporation into the applicant's operations and compliance
with federal, state and local environmental laws, regulations and rulings,
which would indicate whether the facility is, or is likely to become,
contaminated.

(n) "Environmental control equipment" means equipment or technologies that
will enable the borrower to meet new or exceed existing regulatory
requirements, or both, and implement additional pollution prevention and
emission reduction opportunities.

(o) "Guarantee" means a written agreement to warrant the repayment of a
portion of a loan or payment of all or a portion of a claim, with
repayment from the Chrome Plating Pollution Prevention Fund established by
Public Resources Code section 42102. Every guarantee of a loan shall be
either a collection guarantee or a loan guarantee.

(p) "Hazardous waste" means waste or a combination of wastes as defined in
Health and Safety Code sections 25115 and 25117.

(q) "Identification number" means a number assigned pursuant to Title 22,
section 66262.12 of the California Code of Regulations.

(r) "Lender" means a banking organization, including national banks and
trust companies and state chartered commercial banks, savings and loan
associations, credit unions, state insurance companies, mutual insurance
companies, and other banking, lending, retirement, and insurance
organizations, authorized to conduct business in California.

(s) "Loan" means a loan by a lender to a borrower, which is guaranteed
pursuant to section 5284, made for the purpose of purchasing environmental
control equipment.

(t) "Loan agreement" means an agreement for a loan entered into between a
lender and a borrower that is guaranteed pursuant to section 5284.

(u) "Loan committee" means a committee established pursuant to
Corporations Code section 14060 to review applications for guarantees and
make recommendations to the board of directors.

(v) "Loan guarantee" means a guarantee of a specified percentage of loan
principal and ninety (90) days interest at the same percentage.

(w) "NAICS" means North American Industrial Classification System code
published by the United States Office of Management and Budget, 1997
edition.

(x) "Reviewing agencies" means the Air Board or Air District, the
Department, and the Water Board.

(y) "Toxic air contaminant" means an air pollutant that may cause or
contribute to an increase in mortality or in serious illness, or which may
pose a present or potential hazard to human health. For the purposes of
this article, toxic air contaminant means a substance identified by the
Air Resources Board including, but not limited to, hexavalent chromium;
nickel and nickel compounds; cadmium and cadmium compounds, and, copper
and copper compounds.

Note: Authority cited: Section 42106, Public Resources Code.
Reference: Sections 42100, 42101, 42102.4 and 42103, Public
Resources Code.

HISTORY

1. New chapter 7.1, article 1 (sections 5280-5286) and section filed
7-26-2006
as an emergency; operative 7-26-2006 (Register 2006, No. 30). This
regulatory action is deemed an emergency, was filed directly with the
Secretary
of State, and shall remain in effect until revised or repealed by the
Business,
Transportation and Housing Agency pursuant to
Public Resources Code section42106.

10 CCR s 5280, 10 CA ADC s 5280
1CAC

10 CA ADC s 5280

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