California 2017-2018 Regular Session

California Assembly Bill AB2728 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2728Introduced by Assembly Member ChenFebruary 15, 2018 An act to add Section 116327 to the Health and Safety Code, relating to drinking water. LEGISLATIVE COUNSEL'S DIGESTAB 2728, as introduced, Chen. Replacement of corroded or lead-containing plumbing or service lines: loans.Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards.This bill would, to the extent funding is made available, authorize the State Water Resources Control Board to establish a grant program to provide funding to a county or qualified nonprofit organization, as specified, to provide low-interest loans to defined property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water standards or for the installation of a point-of-use or point-of-entry water treatment system, as specified. The bill would require a county or qualified nonprofit organization that receives a grant pursuant to these provisions to annually provide to the state board specified information relating to the loans awarded and projects funded. The bill would authorize the state board to use a funding source that is authorized for and consistent with the purposes of the program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 116327 is added to the Health and Safety Code, to read:116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system. (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.(2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section. (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph. (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.(2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section. (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.(d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:(1) The number of loans awarded.(2) The types of projects funded.(3) Project costs.(4) Whether there is demand for additional funding. (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence. (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) As used in this chapter:(1) Property owner means either of the following:(A) An individual who meets all of the following requirements:(i) Has a household income at or below 120 percent of the statewide median household income.(ii) Has an ownership interest in the residence.(iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements. (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (B) A local educational agency, to the extent authorized by law.(2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2728Introduced by Assembly Member ChenFebruary 15, 2018 An act to add Section 116327 to the Health and Safety Code, relating to drinking water. LEGISLATIVE COUNSEL'S DIGESTAB 2728, as introduced, Chen. Replacement of corroded or lead-containing plumbing or service lines: loans.Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards.This bill would, to the extent funding is made available, authorize the State Water Resources Control Board to establish a grant program to provide funding to a county or qualified nonprofit organization, as specified, to provide low-interest loans to defined property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water standards or for the installation of a point-of-use or point-of-entry water treatment system, as specified. The bill would require a county or qualified nonprofit organization that receives a grant pursuant to these provisions to annually provide to the state board specified information relating to the loans awarded and projects funded. The bill would authorize the state board to use a funding source that is authorized for and consistent with the purposes of the program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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55
66
77
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99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1010
1111 Assembly Bill No. 2728
1212
1313 Introduced by Assembly Member ChenFebruary 15, 2018
1414
1515 Introduced by Assembly Member Chen
1616 February 15, 2018
1717
1818 An act to add Section 116327 to the Health and Safety Code, relating to drinking water.
1919
2020 LEGISLATIVE COUNSEL'S DIGEST
2121
2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 AB 2728, as introduced, Chen. Replacement of corroded or lead-containing plumbing or service lines: loans.
2525
2626 Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards.This bill would, to the extent funding is made available, authorize the State Water Resources Control Board to establish a grant program to provide funding to a county or qualified nonprofit organization, as specified, to provide low-interest loans to defined property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water standards or for the installation of a point-of-use or point-of-entry water treatment system, as specified. The bill would require a county or qualified nonprofit organization that receives a grant pursuant to these provisions to annually provide to the state board specified information relating to the loans awarded and projects funded. The bill would authorize the state board to use a funding source that is authorized for and consistent with the purposes of the program.
2727
2828 Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards.
2929
3030 This bill would, to the extent funding is made available, authorize the State Water Resources Control Board to establish a grant program to provide funding to a county or qualified nonprofit organization, as specified, to provide low-interest loans to defined property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water standards or for the installation of a point-of-use or point-of-entry water treatment system, as specified. The bill would require a county or qualified nonprofit organization that receives a grant pursuant to these provisions to annually provide to the state board specified information relating to the loans awarded and projects funded. The bill would authorize the state board to use a funding source that is authorized for and consistent with the purposes of the program.
3131
3232 ## Digest Key
3333
3434 ## Bill Text
3535
3636 The people of the State of California do enact as follows:SECTION 1. Section 116327 is added to the Health and Safety Code, to read:116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system. (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.(2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section. (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph. (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.(2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section. (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.(d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:(1) The number of loans awarded.(2) The types of projects funded.(3) Project costs.(4) Whether there is demand for additional funding. (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence. (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) As used in this chapter:(1) Property owner means either of the following:(A) An individual who meets all of the following requirements:(i) Has a household income at or below 120 percent of the statewide median household income.(ii) Has an ownership interest in the residence.(iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements. (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (B) A local educational agency, to the extent authorized by law.(2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
3737
3838 The people of the State of California do enact as follows:
3939
4040 ## The people of the State of California do enact as follows:
4141
4242 SECTION 1. Section 116327 is added to the Health and Safety Code, to read:116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system. (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.(2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section. (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph. (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.(2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section. (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.(d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:(1) The number of loans awarded.(2) The types of projects funded.(3) Project costs.(4) Whether there is demand for additional funding. (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence. (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) As used in this chapter:(1) Property owner means either of the following:(A) An individual who meets all of the following requirements:(i) Has a household income at or below 120 percent of the statewide median household income.(ii) Has an ownership interest in the residence.(iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements. (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (B) A local educational agency, to the extent authorized by law.(2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
4343
4444 SECTION 1. Section 116327 is added to the Health and Safety Code, to read:
4545
4646 ### SECTION 1.
4747
4848 116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system. (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.(2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section. (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph. (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.(2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section. (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.(d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:(1) The number of loans awarded.(2) The types of projects funded.(3) Project costs.(4) Whether there is demand for additional funding. (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence. (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) As used in this chapter:(1) Property owner means either of the following:(A) An individual who meets all of the following requirements:(i) Has a household income at or below 120 percent of the statewide median household income.(ii) Has an ownership interest in the residence.(iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements. (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (B) A local educational agency, to the extent authorized by law.(2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
4949
5050 116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system. (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.(2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section. (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph. (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.(2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section. (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.(d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:(1) The number of loans awarded.(2) The types of projects funded.(3) Project costs.(4) Whether there is demand for additional funding. (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence. (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) As used in this chapter:(1) Property owner means either of the following:(A) An individual who meets all of the following requirements:(i) Has a household income at or below 120 percent of the statewide median household income.(ii) Has an ownership interest in the residence.(iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements. (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (B) A local educational agency, to the extent authorized by law.(2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
5151
5252 116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system. (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.(2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section. (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph. (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.(2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section. (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.(d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:(1) The number of loans awarded.(2) The types of projects funded.(3) Project costs.(4) Whether there is demand for additional funding. (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence. (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) As used in this chapter:(1) Property owner means either of the following:(A) An individual who meets all of the following requirements:(i) Has a household income at or below 120 percent of the statewide median household income.(ii) Has an ownership interest in the residence.(iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements. (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (B) A local educational agency, to the extent authorized by law.(2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
5353
5454
5555
5656 116327. (a) To the extent that funding is made available, the state board may establish a grant program to provide funding to counties and qualified nonprofit organizations to provide low-interest loans to property owners for the replacement of corroded or lead-containing plumbing and service lines that adversely impact drinking water quality and, if replacement of corroded or lead-containing plumbing or service lines is not feasible or is cost-prohibitive, for the installation of a point-of-use or point-of-entry water treatment system.
5757
5858 (b) (1) To fund the program authorized in this section, the state board may use a funding source that is authorized for and consistent with the purposes of this section.
5959
6060 (2) The state board shall use reasonable and feasible efforts to secure local matching funds for the purposes of providing a grant pursuant to this section.
6161
6262 (3) The state board may advance funds pursuant to an agreement with a county or qualified nonprofit organization in accordance with this section. Section 11019 of the Government Code does not apply to an advance made pursuant to this paragraph.
6363
6464 (c) (1) A county or qualified nonprofit organization may apply to the state board for a grant to provide low-interest loans pursuant to this section.
6565
6666 (2) A county may enter into a contract with a private financial institution to provide loans consistent with the purposes of this section.
6767
6868 (3) The state board may award a grant to a qualified nonprofit organization only if it is located in a county that has not been awarded a grant pursuant to this section.
6969
7070 (d) A county or qualified nonprofit organization that receives a grant pursuant to this section shall annually provide the following information to the state board:
7171
7272 (1) The number of loans awarded.
7373
7474 (2) The types of projects funded.
7575
7676 (3) Project costs.
7777
7878 (4) Whether there is demand for additional funding.
7979
8080 (e) Any loan provided shall be secured by appropriate collateral, which may include a mortgage on the residence, and shall be repaid within 10 to 30 years in accordance with terms established by the state board. The interest rate on the loan shall not exceed 3 percent. Throughout the useful life of the improvement, a loan recipient shall furnish evidence of and continually maintain homeowners insurance on the security residence to protect the county or qualified nonprofit organizationss interest in the residence.
8181
8282 (f) The state board may adopt any guidelines it determines are necessary to carry out the purposes of this section. A guideline adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
8383
8484 (g) As used in this chapter:
8585
8686 (1) Property owner means either of the following:
8787
8888 (A) An individual who meets all of the following requirements:
8989
9090 (i) Has a household income at or below 120 percent of the statewide median household income.
9191
9292 (ii) Has an ownership interest in the residence.
9393
9494 (iii) Is unable to obtain financial assistance at reasonable terms and conditions from private lenders and lacks the resources to undertake these improvements.
9595
9696 (iv) Demonstrates an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner.
9797
9898 (B) A local educational agency, to the extent authorized by law.
9999
100100 (2) Qualified nonprofit organization means an organization with experience in providing financial and technical assistance to disadvantaged communities and that is qualified to operate in California and is qualified for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.