Title HSC — California Health & Safety Code

The following definitions shall apply to all activities conducted pursuant to this chapter. Except as otherwise provided in this article or unless the context otherwise requires, the definitions contained in Chapter 2 (commencing with Section 50050) of Part 1 of this division sha…

(a) Not less than 30 percent of the units in each rental housing development consisting of 10 or more units which receives any funds pursuant to this chapter shall be available on a priority basis to or occupied by eligible households pursuant to the agreement required by Section…

The department shall adopt rules and regulations, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. The rules and regulations shall give priority in t…

Funds available for the purposes of this chapter shall be allocated by the department throughout the state in accordance with identified housing needs.

The department may make payments pursuant to Article 2 (commencing with Section 50745), 3 (commencing with Section 50755), or 4 (commencing with Section 50765) or contract to make annuity fund payments, or both, only if such payments or trust fund assistance result in affordable …

(a) The department shall establish and administer an annuity fund and may, notwithstanding any other provision of this chapter, make commitments to provide annuity payments from the fund directly to sponsors of rental housing developments which will receive construction or mortga…

At the time the department makes a payment pursuant to Article 2 (commencing with Section 50745), 3 (commencing with Section 50755), or 4 (commencing with Section 50765) or contracts to make annuity fund payments in connection with a rental housing development, or both, a written…

(a) The Rental Housing Construction Incentive Fund established in the State Treasury is hereby renamed the Rental Housing Construction Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated to the Department of Hous…

If money committed by the department prior to the effective date of the act which enacted this section cannot be used by the local finance entity or housing authority to which funds are committed, the department may allocate these funds to assist any other housing developments, i…

Only rental housing developments on which construction is commenced on or after six months from the effective date of this chapter shall be eligible for assistance under this chapter.

For purposes of acting as a local finance entity pursuant to this chapter, a city, county, or city and county may, pursuant to an enabling ordinance of its legislative body, issue revenue bonds to provide below-market interest financing of a rental housing development. Any city, …

Where a local finance entity or local public entity is authorized to receive payments from the annuity fund established pursuant to Section 50748, under a written agreement with the department, the local finance entity or local public entity may with the approval of the departmen…

The same notice requirements as specified in Section 65863.10 of the Government Code shall apply to rental housing developments that receive financial assistance pursuant to this chapter.

(a) Upon application by the agency or a local finance entity, the department may contract with the agency or local finance entity to pay all or a portion of the development costs incurred by a sponsor in connection with the construction of a rental housing development which is fi…

(a) Notwithstanding any other provision or requirement of this chapter, and any regulations adopted thereunder, the department may contract with the agency, a local finance entity, or a sponsor to pay all or any portion of the development costs incurred in connection with the con…

Each contract pursuant to Section 50745 shall be recorded or referenced in a recorded document in the office of the county recorder of the county in which the rental housing development is located, and shall be indexed by the recorder in the grantor index to the name of the spons…

The development cost payments provided by the department pursuant to this article shall not exceed 100 percent of the development costs of a rental housing development, and shall not exceed the amount required, when considered with any subsidy or assistance provided by the agency…

(a) The department may establish and administer an annuity fund, with respect to rental housing developments assisted under this article or Article 3 (commencing with Section 50755) or Article 4 (commencing with Section 50765) for the purpose of reducing rent levels to ensure occ…

(a) The department shall from time to time direct the Treasurer to invest moneys set aside or otherwise deposited in the annuity fund established by Section 50748 as an account in the Rental Housing Construction Fund, which are not required for its current needs, in the eligible …

Any rental housing development assisted pursuant to this article shall be governed by a regulatory agreement between the sponsor and the agency or local finance entity. Such regulatory agreements shall be recorded or referenced in a recorded document in the office of the county r…

Upon consent of the legislative body of the city or county in which a rental housing development is or will be located, the department may contract with a local finance entity located in a rural area to ensure that the terms of the agreement between such entity and a sponsor ente…

The department may contract with local public entities to provide funds to be used by those entities to obtain a right of occupancy or leasehold for eligible households in some or all of the units in a rental housing development. In order to maximize the number of units for which…

Each contract pursuant to Section 50755 shall be recorded or referenced in a recorded document in the office of the county recorder of the county in which the rental housing development is located, and shall be indexed by the recorder in the grantor index to the name of the spons…

Any rental housing development assisted pursuant to this article shall be governed by a regulatory agreement between the sponsor and the local public entity. The regulatory agreements shall contain all of the following: (a) Restrictions on occupancy of the dwelling units within t…

With respect to units for which a local public entity has obtained a leasehold or right of occupancy, the local public entity may manage the units or may contract for management of the units with the housing sponsor or other persons designated by the local public entity, with the…

With respect to assisted units developed pursuant to this article, the local public entity shall do all of the following: (a) Ensure the provision of affordable rents. (b) Ensure that the incomes of tenants are recertified annually. (c) Ensure that upon income recertification ren…

With respect to units developed pursuant to this article, the local public entity may, and at the direction of the department shall, do any of the following: (a) Through its agents or employees enter upon and inspect the lands, buildings, equipment, and books and records of the r…

The department may contract with local housing authorities and provide funds which shall be used by such authorities to develop and construct rental housing developments to be operated by such housing authorities and to be rented to eligible households.

Each contract pursuant to Section 50765 shall contain at least the following provisions: (a) The timing, amount, and terms of payments to be provided under this article, including specific items to be covered by such payments. (b) A description of the way in which the payments wi…

With respect to assisted units developed and constructed pursuant to this article, the local housing authority shall, with the approval of the department: (a) Ensure the provision of affordable rents. (b) Ensure that the incomes of tenants are recertified annually. (c) Ensure tha…

The department shall monitor the operation at the rental housing development constructed pursuant to this article, to ensure compliance with grant conditions, contract obligations, and the provisions of this chapter and regulations adopted pursuant to this chapter.

Four percent of the funds appropriated for the purposes of this chapter shall be set aside in a Management Reserve Account in the Rental Housing Construction Fund, which is hereby created. All interest or other increment resulting from investment or deposit of moneys in the accou…

For the purpose of providing deferred payment loans pursuant to this chapter for the development costs of rental housing developments utilizing moneys transferred to the Rental Housing Construction Fund pursuant to paragraph (1) of subdivision (a) of Section 53130 and paragraph (…

(a) As an alternative to the loan provisions of paragraph (2) of subdivision (b) of Section 50771.1 and the regulatory agreement provisions of subdivision (d) of Section 50771.1, the department may permit the prepayment of a sponsor’s loan anytime on the basis of net cash flow. (…

The department may adopt, amend, or repeal emergency regulations to implement this chapter with respect to loans made with funds allocated pursuant to Section 53130. The adoption, amendment, or repeal of these regulations shall be conclusively presumed to be necessary for the imm…

All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicabl…

There may be annexed to a district any of the following territory which is in the same county as the district or which is within another county but in the natural watershed area of the district: (a) Any territory contiguous to the district. (b) Any territory any point of which to…

For purposes of this chapter, the following definitions shall apply: (a) “Fund” means the Orphan Share Reimbursement Trust Fund established pursuant to Section 80020. (b) “Orphan share” means the share of liability for the costs of response action that is attributable to the acti…

The Legislature finds and declares all of the following: (a) This chapter, which establishes an Orphan Share Reimbursement Trust Fund, operates in conjunction with the federal liability scheme under the federal act as in effect on July 1, 1998, for the recovery of response costs …

(a) This chapter does not prohibit, and is not intended to prohibit, the department, the regional board, or the Attorney General from pursuing any existing legal, equitable, or administrative remedies, pursuant to federal or state law, against any potentially responsible party. (…

(a) The Orphan Share Reimbursement Trust Fund is hereby created in the State Treasury. (b) The administrator of the fund may expend the money deposited in the fund as provided in this chapter, upon appropriation by the Legislature. The administrator of the fund shall act in a fid…

Except as provided in subdivision (b) of Section 78420 and subdivision (c) of Section 80020, the administrator of the fund may expend the money in the fund for all of the following purposes: (a) To pay claims for reimbursement of all, or any part of, the orphan share at a site pa…

A potentially responsible party may file a claim pursuant to subdivision (a) of Section 80025 only if all of the following apply: (a) The site is listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (b) The department or the regional board has approved a fin…

The administrator of the fund shall prescribe appropriate application forms and procedures for claims filed pursuant to subdivision (a) of Section 80025 that shall include all of the following: (a) Requirements that the claimant provide, at a minimum, all of the following documen…

(a) The administrator of the fund shall annually, on a fiscal year basis, pay claims for reimbursement from the fund filed by potentially responsible parties under subdivision (a) of Section 80025, in accordance with the following procedures: (1) Claims for funds available during…

A claim for reimbursement under subdivision (a) of Section 80025 shall not be filed for any of the following: (a) Sites listed on the National Priorities List pursuant to the federal act (42 U.S.C. Sec. 9605(a)(8)(B)). (b) Sites remediated pursuant to former Chapter 6.85 (commenc…

For the purposes of this chapter, the orphan share shall be determined in the following manner: (a) The orphan share shall be expressed as a percentage in multiples of five, up to, and, including, but not greater than, 75 percent. (b) The potentially responsible party filing a cl…

Any costs paid from the fund pursuant to subdivisions (a) and (d) of Section 80025 shall be recoverable by the Attorney General, at the request of the administrator of the fund, from any liable person who has not entered into, or is not in compliance with, a written cleanup agree…

Any potentially responsible party who withholds information required to be submitted under this section or Section 80080, or who submits false information, is subject to a civil penalty of up to twenty-five thousand dollars ($25,000) for each piece of information withheld or for …

(a) Any costs incurred and payable from the fund by the administrator pursuant to this chapter shall constitute a claim and lien upon the real property owned by a responsible party that is subject to, or affected by, a response action. A lien established by this subdivision shall…