Final and Conclusive Enforceable Obligation Determination
Health and Safety Code Section 34177.5 (i) states “If an enforceable obligation provides for an irrevocable commitment of revenue and where allocation of such revenues is expected to occur over time, the Successor Agency may petition Finance to provide written confirmation that its determination of such enforceable obligation as approved in a Recognized Obligation Payment Schedule is final and conclusive, and reflects the department’s approval of subsequent payments made pursuant to the enforceable obligation. If the confirmation of approval is granted, then the department’s review of such payments in future Recognized Obligation Payment Schedules shall be limited to confirming that they are required by the prior enforceable obligation.”
Process for Petitioning a Final and Conclusive Determination
- The Successor Agency must submit a formal written request to Finance by electronic means and in a manner of Finance's choosing. The Successor Agency shall provide a copy of the petition to the County Auditor-Controller at the same time it is submitted to Finance.
- Finance will review the request to determine whether the following conditions have been met:
- The Enforceable Obligation provides for an irrevocable commitment of revenue.
- Verification that the allocation of such revenues is expected to occur over time.
- Verification that the Enforceable Obligation was approved on a previous Recognized Obligation Payment Schedule (ROPS). Although an Enforceable Obligation was listed on a ROPS and was never objected to by Finance during one of the previous review periods, the obligation may not be considered enforceable per HSC Section 34171 (d). Because Finance performs its reviews on a sample-basis during each review period, a Final and Conclusive Determination can only be made after Finance has conducted a thorough review of the Enforceable Obligation. Our review of whether or not the issue is an Enforceable Obligation will be similar to the reviews we conduct during our ROPS reviews. During our review, Finance may contact the Successor Agency to request any additional information we may need for our review.
- If the conditions above have been met, Finance will issue a formal letter confirming the Final and Conclusive nature of the Enforceable Obligation.
- Finance has 100 days from the date of the request to provide written confirmation of approval or denial of the request.
Petitioning Finance To Conduct A Final And Conclusive Determination
To request a Final and Conclusive Determination of an Enforceable Obligation, please download and complete the form below. Once the form has been filled out, email the request to Redevelopment_Administration@dof.ca.gov. In the subject line, please use the following naming convention “[City or County Name] F&C EO Request.”
Webpage last updated November 19, 2018