State
California Regulations
TITLE 23. WATERS DIVISION 2. DEPARTMENT OF WATER RESOURCES

database is current through 09/29/06, Register 2006, No. 39
 
 
 
 
 
  <<(Chapter Originally Printed 7-25-45)>>
 


s 301. Definitions.
As used in this subchapter, the terms "dam," "reservoir," "owner,"  "alteration," "enlargement," and "water storage elevation" shall have the meanings given in Sections 6002 and 6004.5 through 6008 of the Water Code.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 6002-6008, Water Code. 
  
 


s 302. Purpose and Effect of Regulations.
The regulations in this subchapter are not intended to limit the authority of the department to act under the police power of the state to the extent authorized by law, when necessary to protect life and property from a dam or reservoir which constitutes, or which may constitute a danger to life and property, and they shall not be interpreted as depriving the department of such authority.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 6075, 6081 and 6110, Water Code. 
  
 


s 303. Evidence of Water Rights.
 (a) The department will not issue a written approval to commence construction or enlargement of a dam or reservoir until the applicant or owner demonstrates evidence of adequate water rights in accordance with the requirements of this section.
(b) The applicant or owner shall provide the department with either:
(1) A copy of an entitlement to the use of water issued by the State Water Resources Control Board pursuant to Division 2, Part 2 (commencing with Section 1200) of the Water Code; or
(2) If the right to divert or use water does not depend on an entitlement identified in subsection (1) above, a statement of the legal basis of the right.
(c) The applicant or owner shall also provide the department with either:
(1) Evidence that a statement of water diversion and use has been filed with the State Water Resources Control Board pursuant to Division 3, Part 1, Chapter 5 (commencing with Section 5100) of the Water Code, or
(2) A statement either establishing that a statement of water diversion and use is not legally required, or showing good cause for not filing one.
(d) The department shall obtain a written statement from the staff of the State Water Resources Control Board stating whether the water right is adequate for the proposed dam and reservoir.
(e) If a right to divert or use water is based upon a claim of riparian rights, or rights to appropriate water established prior to 1914, and such claim is disputed by the State Water Resources Control Board, the department shall not withhold approval to commence construction solely upon the basis of such a dispute, provided that it is satisfied with the evidence of a water right provided pursuant to subsection (b) above.
(f) In the event that the State Water Resources Control Board has initiated proceedings to determine whether to authorize use of water, and no decision has been issued, written approval to commence construction or enlargement shall not be withheld pursuant to this section after the 120th day following either the date that the matter is submitted to the Board for decision after hearing or, if no hearing is held, the date on which the protest period closes.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 1052, 6075, 6202(d), 6205, and 6264, Water Code. 
  
 


s 304. Civil Engineering Plans and Specifications.
Plans and specifications which are submitted to the department shall be prepared by, or under the direction of, a civil engineer who is registered pursuant to California law and authenticated by him as provided in the Business and Professions Code, or be prepared by such other person as may be permitted under the provisions of said code to prepare such plans and specifications, in which case satisfactory evidence of such other person's right to so act shall be submitted to the department when the plans and specifications are submitted.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6206, Water Code; and Sections 6371, 6374-6375, Business and Professions Code. 
  
 


s 305. Civil Engineering Supervision of Construction.
The work of construction, enlargement, repair, alteration or removal of a dam or reservoir shall be under the responsible charge of a civil engineer who is registered pursuant to California law or of such other person as may be permitted under the provisions of the Business and Professions Code to assume responsible charge of such work.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6206, Water Code; Sections 6371, 6374-6375, Business and Professions Code. 
  
 


s 306. Authority of Representative.
 
 

s 310. Applications for Construction or Enlargement.
 (a) This section shall apply to applications for the department's approval of plans and specifications for the construction or enlargement of dams and reservoirs.
(b) Applications for construction or enlargement of a dam and reservoir shall be made on printed forms provided by the department. The department shall also provide written instructions for completing the application.
(c) The amount of information required will depend on factors such as the size of the proposed dam and reservoir, potential hazards, hydrology of the watershed, complexity of the site and proximity to active faults.
(d) Plans, maps, specifications and other information required for an application shall be provided in sufficient clarity and detail to be readily interpreted and studied, and to permit an adequate evaluation of the safety of the proposed work.
(e) The department may require the filing of any information, in addition to that specified in this section which, in its opinion, it considers necessary to determine the safety of the dam and reservoir.
(f) In addition to the information required by Water Code Sections 6201-6206, and subsections (b)-(e), an application shall also include the following:
(1) Evidence of water rights, as required by Section 303.
(2) Information necessary to enable the department to comply with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000-21174). This information shall be either:
(A) a copy of the environmental impact report (EIR) or negative declaration prepared by a lead agency, or evidence that a lead agency is preparing or will prepare environmental documentation, or
(B) data and information necessary for the department to act as a lead agency to prepare environmental documentation, where it is required by law to do so.
(3) Where the department acts as a responsible agency, the lead agency's EIR or negative declaration must be submitted to the State Clearinghouse.
(4) The fee as required by Water Code Section 6300, as made specific by Section 314 of this subchapter.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 6200-6206, Water Code; and Sections 21002.1(d) and 21083, Public Resources Code. 
  
 

s 310.1. Criteria for Determining Completeness.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 65941, Government Code. 
  
 

s 310.2. Criteria for Determining Completeness.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 65920-65957, Government Code. 
  
 

s 310.3. Determination of Completeness.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 65920-65957, Government Code. 
  
 

s 311. Criteria for Determining Completeness.
 (a) Applications will be considered complete when the department has received the completed, signed application form, the information and fee required in Water Code sections 6201 and 6206 and section 310(d)-(f), and the fee required by sections 6300-6302 of the Water Code.
(b) The department on its own motion may waive any information required for a complete application, including but not limited to the requirements of section 303 where it determines that it has sufficient information to commence and complete a review within applicable time limits, and that all requirements for issuance of an approval will be met within such time limits.
(c) The requirements published by the department pursuant to section 310(c) shall set forth the procedures that the department will follow to review an application.
(d) Failure to comply with a request for information pursuant to such procedures within a reasonable time and in a reasonably responsive manner shall be cause for the department to disapprove the application.
 
 
  Note:    Authority cited: Section 6078, Water Code. Reference: Section 65941, Government Code. 
  
 

s 312. Standard Terms.
 (a) The following are standard terms and conditions included in any approval of a dam safety application:
(1) Construction work shall be started within one year from date of approval.
(2) No foundations or abutments shall be covered by the material of the dam until the Department has been given an opportunity to inspect and approve the same.
(b) General Safety Requirement. In addition to the above terms and conditions, the law requires that a dam shall at all times be designed, constructed, operated and maintained so that it shall not or would not constitute a danger to life or property, and the Department may, at any time, exercise any discretion with which it is vested, or take any action necessary to prevent such danger.
 
 
  Note:    Authority cited: Section 6078, Water Code. Reference: Sections 6075 and 6260-6267, Water Code. 
  
 

s 313. Automatic Approval of Applications.
Applications approved in accordance with Government Code section 65956 shall contain the terms and conditions set forth in section 311. Such approvals may be revoked or modified at any time and under any conditions which would apply to any other approval granted under Division 3, Part 1 of the Water Code.
 
 
  Note:    Authority cited: Section 6078, Water Code. Reference: Section 65956, Government Code; and Sections 6260-6267, Water Code. 
  
 

s 314. Filing Fee.
 (a) Amount of Fee. The estimated cost of the dam and reservoir or enlargement as specified in section 6302 of the Water Code shall include engineering, geologic, surveying, construction supervision, and administrative costs.
 
 
  Note:    Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code. 
  
 


s 315. Annual Fee.
 (a) Determination of Amount. The department shall determine the amount of the annual fee as of June 30 each year and shall inform each owner of that amount on or before October 31 of each year.
(b) Penalty for Delinquent Payment of Annual Fee. An owner who fails to pay any part of any annual fee on or before December 31, as required by section 6307 of the Water Code, shall be penalized in accordance with section 6428 of the Water Code.
 
 
  Note:    Authority cited: Section 6078, Water Code. Reference: Section 161, Water Code; and Sections 6307 and 6428, Water Code. 
  
 


s 316. Inoperative Dams.
 A dam will not be considered to be substantially completed or in operation, for annual fee purposes, where the Department determines that it has been rendered inoperative on other than a temporary basis. In making its determination the Department will consider the following circumstances, among others, with respect to the dam:
(a) Alteration of the outlet facilities to assure maximum possible uncontrolled water release through the outlet works.
(b) Absence of water impounding capability under reasonably foreseeable conditions, taking into account the size of the drainage area.
(c) Absence of benefit from the dam and reservoir to the owner or others.
The Department may determine that a dam is no longer inoperative when investigation reveals that conditions which rendered the dam inoperative on other than a temporary basis have changed. In this event the dam will be considered substantially completed or in operation on the date such determination is made, and the annual fee shall be charged on a pro rata basis.
 
 
  Note:    Authority cited: Section 6078, Water Code. Reference: Section 6307, Water Code. 
  
 


s 317. Preparation of Application for Repair or Alteration.
 
 
  Note:   Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code. 
  
 


s 318. Preparation of Application for Removal.
 
 
  Note:   Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code. 
  
 


s 319. Annual Fee.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 161, Water Code. 
  
 


s 320. Small Dams Review Board.
In the Department there shall be a Small Dams Review Board consisting of a chairperson who shall be the Division Chief, Division of Design and Construction; a qualified engineer or geologist appointed by the Division Chief, Division of Safety of Dams; and, for each review, a consulting engineer who would be agreed upon by the Department and the dam owner.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code. 
  
 


s 321. Scope of Review.
 (a) The Board shall be convened upon the request of any owner of a small dam or proposed small dam to review any decision or order of the department respecting any technical standard, study requested, engineering requirement or other technical matter required by the department where the owner disputes the basis for such requirement, the need for such requirement, or the facts found by the department.
(b) No review shall be undertaken if, in the opinion of the department, there exists an immediate hazard to life or property. This subsection shall not be construed to bar a Small Dams Review Board proceeding after, in the judgment of the department, an immediate hazard to life and property no longer exists.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code. 
  
 


s 322. Small Dam Defined.
"Small Dam" means any dam less than 25 feet in height with a reservoir storage less than 2,000 acre-feet.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 6055, Water Code. 
  
 


s 323. Time to Request Board Review; Filing Fee.
 (a) The owner must request board review within 60 days of the disputed departmental action. The request must be made to the Division Chief, Division of Safety of Dams and must state the facts and circumstances on which such owner bases his grievance.
(b) The owner shall remit, at the time the grievance is filed, the amount of  $250 to partially defray the cost and expense of the Board.
(c) If the Board meets for more than one day, the department shall bill the owner for its additional costs incurred for subsequent days.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 6055, Water Code. 
  
 


s 324. Time and Conduct of Review.
The Board shall review the owner's grievance promptly after such grievance is filed. The review shall be conducted in an informal manner. The Board shall consider all relevant information and data presented by the owner, his engineer, or any other person.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code. 
  
 


s 325. Findings of the Board.
Based upon information and data secured during the review, the Board shall refer its findings to the Division Chief, Division of Safety of Dams, regarding the matter which led to the grievance. Decisions made by the Division Chief shall be final.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code. 
  
 


s 330. Consulting Board.
Pursuant to Section 6056 of the Water Code, the Department shall retain a board of three consultants to report to the Director on the Safety of Dams owned by the department.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code. 
  
 


s 331. Scope of Review.
The consulting board shall make independent findings with regard to conditions which may affect the safety of the dam and reservoir as specified in Section 6081 of the Water Code, and the board shall also make independent findings that the dam is safe to impound water, as specified in Section 6355 of the Water Code.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Sections 6056, 6081 and 6355, Water Code. 
  
 


s 332. Actions for Which Board Is Retained.
 (a) The department shall retain a consulting board:
(1) To review the adequacy of the design of a dam and reservoir the department proposes to construct, or
(2) To review the safety of the completed construction and the terms and conditions to be included in a certificate of approval for any dam owned by the department as issued, renewed or modified, no later than six months following any such action.
(b) Where a board is retained to review the adequacy of the design of a dam and reservoir, it shall report its findings to the Director prior to the approval of an application to construct or enlarge the dam.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code. 
  
 


s 333. Periodic Review.
In addition to the times specified in Section 332, the department shall retain a review board at least once every five years to review the operational performance of department owned dams. The Federal Power Commission's five year independent review may be substituted if it is comparable to the review required by this article.
 
 
  Note:   Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code. 
  
 


 
 
 
  Note:   Authority cited for Subchapter 1.5: Section 11152, Government Code, and Section 124, Water Code. Reference: Section 21116, Vehicle Code. 
  
 


s 370. Definitions.
The following terms shall mean:
"Average Annual Net Earnings" means one-half of any net earnings of the business or farm operation, before Federal and State income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired, or during such other period as the Department determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term "owner" as used in this definition includes the sole proprietorship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the Department. For purposes of determining a principal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit.
"Base Monthly Rent" means the lesser of the average monthly rental paid by the displaced person for the three-month period prior to initiation of negotiations for the parcel and 25% of the displaced person's average monthly income. The economic rent may be considered the average monthly rental when the displaced person was the owner-occupant of the acquired dwelling or if the rental actually paid was not reasonably equal to market rentals for similar dwellings. The "average monthly rental paid" shall include any supplements supplied by others, except when required by law, such supplement is to be discontinued upon vacation of the property.
"Business" means any lawful activity, excepting a farm operation, conducted:
(1) Primarily for the purchase, sale, lease or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; or
(2) Primarily for the sale of services to the public; or
(3) Primarily by a non-profit organization; or
(4) Solely for the purpose of moving and related expenses under Section 370.15, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
"Comparable Replacement Dwelling" means a dwelling which satisfies each of the following standards:
(1) Decent, safe and sanitary (as defined in Section 370.04), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person.
To the extent practicable and consistent with this section, the replacement dwelling should be functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing.
(2) In an area not subjected to unreasonable adverse environmental conditions from either natural or man-made sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced person objects for a reasonable cause.
The Act and these regulations do not require the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is the Department required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena.
If the displaced person so requests, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable, the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship.
(3) Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968.
(4) Within the financial means of the displaced person. A replacement dwelling is within the financial means of the displaced person if the monthly housing costs (including payments for mortgage, insurance and property taxes) or rental cost (including reasonably comparable utility and recurring expenses such as gardening, garaging, and similar necessary fees) minus any replacement housing payment available to the person under the provisions of these regulations does not exceed twenty-five percent (25%) of the person's average monthly income. A replacement dwelling is within the financial means of a displaced person also if the purchase price of the dwelling, including related increased interest costs and other reasonable expenses, does not exceed the amount of just compensation provided for the acquired dwelling and the replacement housing payments available to the person under these regulations.
"Conventional Loan" means a promissory note secured by a trust deed or mortgage made by a bank or savings and loan association. A conventional loan is not insured or guaranteed by an agency of the State or Federal government.
"Counted Room" means that space in a dwelling unit containing the usual quantity of household furniture, equipment and personal property. It shall include such space as a recreation room, living room, library, study, dining room, kitchen, laundry room, basement, bedroom, and garage. Rooms or storage areas which contain substantial amounts of personal property equivalent to one or more rooms may be counted as additional rooms.
"Date of Initiation of Negotiations for the Parcel" means the date of the first written offer to purchase the real property.
"Department" means the Department of Water Resources.
"Director" means the Director of the Department of Water Resources.
"Displaced Person" means any person who moves from real property, or who moves his personal property from real property, either as a result of the acquisition of such real property, in whole or in part, by the Department or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from the Department to vacate the real property for public use.
A displaced person may or may not qualify as an "eligible person," as defined in these regulations.
"Dwelling" means the primary residence of a person, including any single-family residence, a single-family unit in a two-family, multi-family or multipurpose building, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or any other residential unit considered to be part of the real property acquired. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment of moving expense benefits.
"Economic Rent" means the reasonable rental expectancy if the property were available for rent or lease on the open market based on the rent or lease payment being paid for comparable space as distinguished from actual or contract rent or lease payment paid for the acquired property.
"Effective Rate of Interest" means the annual percentage rate paid on the debt of a mortgage as a result of including debt service charges in the total interest to be paid on the mortgage debt, as an incident to the extension of credit, when such debt service charges are normal to the market.
"Elderly Household" means a household in which the head of household or spouse is 62 years or older.
"Eligible Person" means any displaced person who is, or becomes, lawfully entitled to any relocation payment under these regulations.
"Existing Patronage" means the net annual average dollar volume of business transacted during the two taxable years immediately preceding the taxable year in which the business is relocated.
"Family" means two or more individuals, one of whom is the head of a household, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit. Where two or more individuals occupy the same family dwelling with no identifiable head of a household, they shall be treated as one family for replacement housing payment purposes.
"Farm Operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
"Gross Income" means the total annual income of an individual, or where a family is displaced, the total annual income of the adult members of the household, irrespective of other expenses and voluntary or involuntary deductions and including, but not limited to, salaries, wages, public assistance payments, tips, commissions, unemployment, rents, royalties, dividends, interest, profits, pensions and annuities, less the following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction of ten percent (10%) of the total annual income for an elderly or handicapped household.
(3) A deduction for recurring, extraordinary medical expenses (defined for this purpose to mean medical expenses in excess of three percent of total annual income) where not compensated for or covered by insurance or other sources, such as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the household head or spouse, except that the amount deducted shall not exceed the amount of income received by the person thus released.
Gross income is divided by twelve (12) to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for determination of financial means.
"Handicapped Household" means a household in which any member is handicapped or disabled.
"Mobilehome" means a structure, transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electric systems contained therein. A self-propelled vehicle is not a mobilehome.
"Mortgage" means such classes of liens, including Deeds of Trust as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State of California, together with the credit instruments, if any, secured thereby.
"Moving Expense" means the costs necessary to pack, crate, disconnect, dismantle, load, insure, temporarily store, remove, transport, unpack, uncrate, reassemble, reconnect, reinstall, and unload machinery, equipment, or other personal property (including goods and inventory kept for sale) not acquired by the Department, including connection charges imposed by public utilities for starting utility service and necessary temporary lodging and transportation of eligible persons. Moving expense shall not include:
(1) The cost of construction or improvement at the new location to replace property for which compensation was paid in the acquisition;
(2) Any loss of, or damage to, personal property caused by the fault or negligence of the displaced person, his agent, or employee in the process of moving where insurance to cover such loss or damage was available;
(3) Any payment for moving personal property where such property is purchased as part of the acquisition;
(4) Additional expenses incurred because of living in a new location;
(5) Cost of moving structures, improvements or other real property in which the displaced person reserved ownership;
(6) Interest on loans to cover moving expenses;
(7) Loss of goodwill;
(8) Loss of business or profits;
(9) Loss of trained employees;
(10) Personal injury;
(11) Payments for search costs in connection with locating a replacement dwelling.
"Nonprofit Organization" means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or institutional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises.
"Owner." A person "owns a dwelling" if he:
(1) Holds fee title, a life estate, a fifty (50) year lease, or a lease with not less than twenty (20) years to run from date of acquisition of the property for the project;
(2) Holds an interest in a cooperative housing project which includes the right of occupancy of a dwelling unit therein;
(3) Is the contract purchaser of any of the foregoing estates or interests;
(4) Has a leasehold interest with an option to purchase;
(5) Owns a mobile unit which under State law is determined to be real property, not personal property;
(6) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by any of the foregoing methods, the tenure of ownership, not occupancy, of the succeeding owner shall include the tenure of the preceding owner.
"Owner-Occupant" means an owner who occupies the residential dwelling being acquired by the Department as his primary residence.
"Person" means any individual, family, partnership, corporation or association.
"Prepaid Expenses" means items paid in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not limited to real property taxes, fire insurance, homeowners' association dues and assessment payments.
"Primary Residence" means a residential dwelling which is occupied as the occupant's domicile. A dwelling will qualify as a primary residence when:
(1) The occupant has lived in the dwelling to be acquired for more than 50% of the time in the year prior to the State's first written offer; and
(2) The occupant officially acknowledges the residential dwelling as his primary residence by voter registration, address on tax returns, home owners exemption, mailing address, proximity to occupant's work, schools, etc.
"Purchase" as used in connection with claiming replacement housing payments with respect to:
(1) Real property means the close of escrow by which the title to replacement property was conveyed to the claimant of a relocation payment; or if no escrow was used, "purchase" means the delivery to such claimant of the deed to the replacement property or the delivery of a completely executed installment contract for purchase. (2) Mobile homes means the registration of the vehicle with the California Department of Motor Vehicles in the name of the claimant. (3) For purpose of this Article, the leasing of a condominium or other suitable dwelling for a fifty (50) year period, or for a term which exceeds the life expectancy of the displaced person as determined from the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Welfare, shall be deemed a purchase of a condominium or other dwelling.
"Relocation Payment" means any payment made under the provisions of this Article; including, but not limited to, payments for: actual or reasonable moving expense, payments made in-lieu of moving expense, purchase differential payments, rental differential payments, interest differential payments, and payments covering incidental expenses of the acquisition of replacement properties.
"Stated Mortgage Interest Rate" means the annual percentage rate to be paid on the debt of a mortgage as set forth in the mortgage or other credit instrument.
"Tenant-Occupant" means a person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another and is the displacee's primary residence.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code and "Guidelines" adopted by the Commission of Housing and Community Development. 
  
 


s 370.01. Relocation Plans.
 (a) General. Prior to the undertaking of a project, the Department shall prepare a Relocation Plan, based upon a survey and analysis of both the housing needs of the affected displaced persons and the available replacement housing, which will assure that, within a reasonable period of time, prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their place of employment.
(1) All persons to be displaced, any relocation committee formed of persons displaced, and representatives of affected governmental agencies, and members of the community who notify the Department of their interest shall be given the opportunity and should be encouraged fully and meaningfully to participate in reviewing the Relocation Plan and monitoring the relocation assistance program of a particular project. As to projects involving substantial displacements, the Department shall encourage the formation of a relocation committee consisting of representatives of the residents and interested community organizations in the displacement area and affected displaced persons.
(2) The term "undertaking a project," for purposes of this section, shall mean the date the Director authorizes the acquisition or the initiation of negotiations for the acquisition of the affected ownership(s).
(3) The approval of the Relocation Plan vests in the Director as head of the State Agency.
(4) When determining a displacee's financial ability to afford replacement housing, replacement housing payments, and rental rates after acquisition, the displacee shall provide a written statement as to his gross income which will be updated annually or as necessary. Failure to provide such written statement shall require the Department to make determinations on the best data known and available to them.
(b) When considering the availability of replacement housing, the Department shall adjust the available housing inventory in the replacement area, if necessary, by excluding:
(1) Those units which do not meet the test of being decent, safe, and sanitary units;
(2) Uncompleted new construction or rehabilitation which are not likely to be available at the time of displacement;
(3) Those units considered by the Department to be turnover in the replacement area;
(4) Subsidized publicly owned housing which will not reasonably be available to the displacees at the time of displacement.
(c) Each Relocation Plan shall provide a statement as to the need for last resort housing. In the event of a reasonably anticipated need for such housing, an estimate of the cost, including overhead, will be included as a separate amount.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code. 
  
 


s 370.02. Eviction Policy.
 (a) Eviction of persons in occupancy as of the date of acquisition shall be undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services;
(2) Performance of a dangerous, illegal act in the unit;
(3) Material breach of the rental agreement and failure to correct breach within 30 days of notice;
(4) Maintenance of a nuisance and failure to abate within a reasonable time following notice;
(5) Refusal to accept one of a reasonable number of offers of replacement dwellings;
(6) The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity;
(7) The building has structural defects existent at the time of purchase by the Department.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code. 
  
 


s 370.03. Eligibility.
 (a) Relocation assistance and benefits, as provided in these regulations, shall be available to:
(1) Any person who lawfully occupies property from which he will be displaced;
(2) Any person in lawful occupancy who will move from real property or will move his personal property from real property because he will be displaced from other real property on which he conducts a business or farm operation;
(3) Any person in lawful occupancy who moves from real property as a result of its acquisition by the Department for a public use whether the move is voluntary or involuntary;
(4) Any person in lawful occupancy at the time of initiation of negotiations who moves as the result of the pending acquisition and the property from which he is displaced is subsequently acquired for public use.
(b) Any person who becomes an occupant of real property after acquisition by the State shall not be eligible for any relocation assistance, payments, assurances of available housing, or a minimum 90-day notice to vacate. Prior to occupying the property, such a tenant should be informed that the property has been acquired for a public use and will be available as housing only in the interim between acquisition and development and that such development may result in termination of the tenancy sooner than otherwise would be expected. The Department should inform prospective tenants regarding the projected date of displacement.
(c) Subsequent sale to a private person of housing provided by the State as last resort housing does not establish eligibility for relocation assistance or benefits for any person in occupancy at the time of such sale.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code. 
  
 


s 370.04. Standards for Decent, Safe, and Sanitary Dwellings.
 (a) A decent, safe, and sanitary dwelling is one which meets all of the following minimum requirements:
(1) Conforms with all applicable provisions for existing structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations;
(2) Has a continuing and adequate supply of potable safe water;
(3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and an adequate sewage system. A stove and refrigerator in good operating condition shall be provided when required by local code, ordinances or custom. When these facilities are not so required by local codes, ordinances, or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities;
(4) Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in the living area, excluding bedrooms, under local outdoor design temperature conditions. A heating system will not be required in those geographical areas where such is not normally included in new housing;
(5) Has a bathroom, well-lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system;
(6) Has an adequate and safe wiring system for lighting and other electrical services;
(7) Is structurally sound, weathertight, in good repair and adequately maintained;
(8) Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level.
In multi-dwelling buildings of three stories or more, the common corridor on each story must have at least two means of egress.
(9) Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
(b) A decent, safe and sanitary sleeping room is one which includes the minimum requirements contained in paragraph (a), subparagraphs (2), (4), (5), (6), (7), and (8) of this section and the following:
(1) At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant;
(2) Lavatory, bath and toilet facilities that provide privacy, including a door that can be locked if such facilities are separate from the room.
(c) A decent, safe, and sanitary mobile home is one which includes the minimum requirements contained in paragraph (a), subparagraphs (2), (3), (4), (5), (6), (7), (8), and (9) of this section except that it may have 70 square feet of habitable floor space for each additional occupant, and the following: (1) Bears the insignia of approval issued by the State of California, Department of Housing and Community Development, pursuant to the California Health and Safety Code, except those manufactured prior to September 1, 1958.
(d) The Department may approve exceptions to the standards in this Section where unusual conditions exist.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code. 
  
 


s 370.10. Relocation Payments -General Provisions.
 (a) Appeals. Any displaced person aggrieved by a determination as to eligibility for a relocation payment, or the amount of such payment, may have his application reviewed by a Relocation Appeals Board designated by the Director to hear such appeals. The Appeals Board shall make its recommendations to the Director who will make the final decision on the appeal. The Department shall inform all displaced persons of their right of appeal. They shall be furnished the address of the Relocation Appeals Board. They shall be given full opportunity to be heard and a prompt decision shall be made. Appeals must be submitted prior to the final date specified in subsection (d) of this Section for applying for relocation payments.
(b) Form of Application. Application for relocation payments or appeals shall be made to the Department upon forms prescribed by the Department and shall be accompanied by such information and documentation as may be required by the Department.
(c) Payment Date. No relocation payment shall be made by the Department prior to the date title to the property vests in the State of California through close of purchase escrow or Final Order of Condemnation or the date of possession by the State under an Order of Possession.
(d) Time Limit on Filing Applications. Except as otherwise provided, applications for relocation payments must be submitted to the Department within 18 months from the date of vacation of the acquired property or the date he receives final compensation for the property, whichever is later.
(e) Assignment of Relocation Payments. The payments described in this Article may be made directly to the displaced person upon proper application, or upon proper instruction addressed to the Department and attached to his application for payment, the payments may be made directly:
(1) To a lessor or landlord for rent; or
(2) To a moving company for moving expenses; or
(3) To an escrow agent pursuant to paragraph (f) of this subsection.
(f) Payments into Escrow. In cases where a displaced person qualifies for the payments described in this Article except that he has not yet purchased or occupied a suitable replacement dwelling, the Department, after inspecting the proposed replacement dwelling and finding that it meets the decent, safe and sanitary standards set forth in Section 370.04 of this Article, may deposit the amount of the replacement housing or rent supplement for which the displaced person may be eligible in an escrow with a bank, trust company, licensed escrow agency, building and loan or savings and loan association, or title company to the account of the displaced person with instruction for payment of such funds from escrow. Such escrow instructions shall be adequate to assure compliance with provisions of this Article relating to purchase and occupancy and to assure return of such funds from escrow to the Department in the event of noncompliance with such provisions.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.11. Moving and Related Expense Payments -General Provisions for All Relocated Individuals, Families, Businesses and Farms.
 (a) Eligibility to Receive Moving Cost Payment.
(1) Any individual, family, business or farm operator is eligible to receive payment for the reasonable expenses of moving his personal property when
(A) He is in lawful occupancy at the initiation of negotiations for the acquisition of the real property; and
(B) He moves from the real property or moves his personal property from the real property subsequent to the date of initiation of negotiation; or,
(C) The real property is subsequently acquired.
(b) One Move Per Person. No moving expense payment will be made for more than one move of a displaced person except where found by the Department to be in the public interest and prior approval is secured.
(c) Payment Only After Move Completed. Moving expense payments shall be made only after the move has been accomplished except as provided in subsections (d) and (e) of this section.
(d) Payment in Advance. In case of undue hardship, payment of moving expenses to an eligible displacee may be made in advance of moving.
(e) Partial Payments. The Department may make partial payments of moving expense claims when such claims are based on the actual costs of moving, provided the amount of such partial payment does not exceed the actual cost incurred up to the time such payment is claimed.
(f) Payments Directly to Mover. By written prearrangement between the Department, the displaced person and the mover, a displaced person may present unpaid moving bills to the Department and the Department may pay the mover directly.
(g) Distance Limited to 50 Road Miles. The allowable expense for transportation shall not exceed the cost of moving 50 road miles measured from the point from which the move was made to the point of relocation via the most commonly used routes between such points.
In special cases where the Department determines that relocation cannot be accomplished within the 50 mile area, the allowable expense for transportation may be increased with the prior approval of the Department.
(h) Storage. When an actual expense basis is used and the Department determines that it is necessary for a relocated person to store his personal property for a reasonable time, not to exceed twelve months, the cost of such storage shall be paid as a part of the moving expense. Payment shall not be made for storage of personal property on the property being acquired or on other property owned by the relocatee. Storage expense shall not be paid where the displaced person elects payment under any of the schedules set forth in Section 370.12 (c) of this Article.
(i) Cost of Advertising for Bids. The expense incurred in advertising for packing, crating and transportation are reimbursable when the Department determines that such advertising is necessary. Payment of such expense shall be limited to complicated or unusual moves where advertising is the only practical method of securing bids.
(j) Inspection of Books and Records. All books and records kept by a displaced person as to actual moving expense incurred shall be subject to review and audit by a Department representative during reasonable business hours.
(k) Owner-Retained Dwellings. When an owner retains his dwelling, the cost of moving it onto the remainder or replacement land is not eligible as a part of the cost of moving personal property. If the owner chooses to use his dwelling as a means of moving personal property, payment shall be based on the schedules set forth in Section 370.12 (c) of this Article.
( l) Personalty Sold to Others. If a displaced person who is eligible to receive payment for moving expenses under subsection (a) of this Section sells, conveys, or transfers title to personal property located on real property acquired by the State to another person, such other person shall not be eligible to receive payment of moving expense except as provided for direct losses of tangible personal property in Section 370.13 (c) of this Article.
(m) Moves From Separate Property. Where the acquisition of real property used for a business or farm operation which is eligible for a payment under subsection (a) of this Section causes a person to vacate a dwelling or other real property separate from and not acquired by the State, or move his personal property from other real property separate from and not acquired by the State, said person is eligible for reimbursement of the appropriate moving expenses under Sections 370.12, 370.13(b), (c) and (d), 370.14 and 370.15.
(n) Moves From Partial Takings. Where only a portion of a larger parcel is acquired, a displaced person shall be eligible for moving expense payment only where the removal of his personal property from the property acquired is necessary and is not otherwise compensated.
(o) Insurance. The cost of insurance premiums covering the reasonable replacement value of personal property for loss and damage while in storage or transit is reimbursable.
(p) Removal and Reinstallation Expense. The expense of removal, reinstallation and reestablishment of machinery, appliances and other items of personal property which were not acquired by the Department, including reconnection of utilities to such items, and which does not constitute an improvement to the replacement site (except where required by law), are reimbursable. Such removal, reinstallation, reestablishment or reconnection costs or items classified as real property by the Department and which were retained by the owners, are not reimbursable.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.12. Moving Payments to Individuals and Families.
 (a) General. A displaced individual or family eligible under Section 370.11  (a) is entitled to receive a payment for moving his personal property, himself and his family. Such displaced persons have the option of payment on the basis of actual, reasonable moving expenses or a moving expense schedule.
(b) Actual, Reasonable Moving Expenses.
(1) Moves by For-Hire Carriers. A displaced individual or family may be paid the actual, reasonable cost of a move accomplished by for-hire carriers. The displaced person may elect, with Department approval, either of the following options:
(A) The displaced person shall secure at least two estimates from responsible for-hire carriers and submit them to the Department for approval prior to the move. The Department will authorize payment for the move based on the lowest of such bids or estimates.
Payment shall be made by the Department upon presentation of the paid, receipted and itemized bill after the claimant has moved from the premises.
If this creates a financial hardship on the displacees, the Department will secure an assignment from the displacee to allow direct payment to be made to the mover upon presentation of itemized bills after claimant has moved from the premises.
(B) The displaced person shall be given a moving service authorization by the Department and may select a for-hire carrier from the list of eligible for-hire carriers established by the Department. When the for-hire carrier has completed the move, the original moving service authorization will be returned to the Department by the for-hire carrier with the itemized moving cost bill. The Department shall pay the for-hire carrier directly. Such moves shall be at the minimum rates, rules and regulations prescribed and established by the California Public Utilities Commission.
(2) Self Moves. In the case of a self move the displaced individual or family may be paid his actual moving costs, supported by receipted bills or other evidence of expenses incurred but such payment may not exceed the estimated cost of moving commercially. The estimated cost may be prepared by a commercial moving company or, when not in excess of $1,000, by a qualified Department employee other than the employee handling the claim.
(3) Cost of Transportation of Displacee. The costs of transportation of displaced individuals and families to the new location are also eligible. Such costs may be on a mileage basis, not to exceed 15 cents per mile, or reasonable, actual fees if commercial transport is used and may include special services such as the cost of an ambulance to transport displaced invalids.
(4) Cost of Meals and Lodging. The actual reasonable costs of meals and lodging are eligible when the Department determines such costs are required because of unforeseen circumstances or practical necessities of the moving operation.
(c) Moving Expense Schedules.
(1) In lieu of actual and reasonable moving expense, any individual or family displaced from a dwelling unit may elect to receive a payment which shall cover all items and incidentals necessary to the vacating of the property acquired according to the following:
(A) A moving expense allowance not to exceed $300 and determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation, and
(B) A dislocation allowance of $200.
(2) The owner-occupant of a multi-family dwelling may elect to receive payment for his own dwelling unit under this Section, and is eligible to receive payment under Section 370.13 for his personal property in other units of the multi-family dwelling.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.13. Moving Payments to Business or Farm.
 (a) General.
(1) The owner of a displaced business or farm eligible under Section 370.11 (a) is entitled to receive a payment for actual reasonable moving and related expense which include:
(A) Actual reasonable expenses in moving his business, farm, or other personal property as provided in subsection (b), below;
(B) Actual direct losses of tangible personal property in moving or discontinuing his business or farm, as provided in subsection (c), below;
(C) Actual reasonable expenses in searching for a replacement business or farm, as provided in subsection (d), below.
(2) In lieu of the payment for actual expenses and losses as specified in subsection (a) (1) (A), (B) and (C) of this Section a displaced business or farm may be eligible for a fixed payment as provided in subsection (e).
(b) Actual Reasonable Moving Expenses.
(1) The owner of a business or farm may be paid the actual, reasonable cost of a move accomplished by a commercial mover. Where possible, at least two firm bids shall be obtained prior to the move and submitted to the Department for approval. The Department will authorize payment based on the lowest bid.
(A) Where appropriate, the Department may give the displaced business a Moving Service Authorization in accordance with the provisions of Section 370.12 (b)(1)(B).
(2) Self Moves.
(A) A business or farm which performs the move on its own account shall prepare a certified inventory of the items of personal property to be moved. When the Department can obtain two acceptable bids or estimates from qualified estimators based on the certified inventory, the owner of the displaced business or farm may be paid an amount equal to the low bid or estimate, without negotiation. When circumstances warrant, the Department may negotiate a lower amount not to exceed the lower of the two acceptable bids or estimates. The amount to be paid shall be agreed upon in writing in advance of the move. Upon completion of the move the owner must certify in his claim for payment that the items listed in the certified inventory were actually relocated. If the Department finds that the items actually relocated differ significantly from the certified inventory, payment of the moving cost shall be adjusted accordingly.
(B) If two estimates cannot be obtained, the owner may be paid his actual, reasonable moving costs supported by receipted bills or other evidence of expenses incurred.
(C) A qualified employee of the Department, other than the employee who is handling the claim, may make a moving expense finding not to exceed $1,000.00. The amount of such moving expense finding may be paid the owner of the business or farm upon completion of the move without supporting evidence of actual expenses incurred.
(3) Alternate Payments.
(A) The provisions of subsection (c) of this Section contain the criteria under which reimbursement is based for personal property which is not moved to the new site.
(B) When personal property which is used in connection with the business or farm to be moved is of low value and high bulk and the estimated cost of moving would be disproportionate in relation to the value, the Department may negotiate and agree, in writing, with the owner for an amount not to exceed the difference between the cost of replacement of comparable item(s) on the market and the amount which would probably have been received for the item(s) on liquidation.
(c) Actual Direct Losses of Tangible Personal Property. Reimbursement for the actual direct losses of tangible personal property is allowed when a person who is displaced from his place of business or farm is entitled to relocate such property in whole or in part but elects not to do so. Payments for actual direct losses may only be made after a bona fide effort has been made by the owner to sell the item involved. When the item is sold the payment will be determined in accordance with subsection (c) (1) or (c) (2) of this Section. If the item cannot be sold the owner will be compensated in accordance with subsection (c) (3) of this Section. The sales prices, if any, and the actual, reasonable costs of advertising and conducting the sale shall be supported by a copy of the bills of sale or similar documents and by copies of any advertisements, offers to sell, auction records, and other documentation supporting the bona fide nature of the sale.
(1) If the business or farm is to be reestablished and an item of personal property which is used in connection with the enterprise is not moved but promptly replaced with a comparable item at the new location, the reimbursement shall be the lesser of:
(A) The replacement cost of the item not moved minus the net proceeds of the sale; or
(B) The estimated cost of moving the item.
(2) If the business or farm is being discontinued or the item is not to be replaced in the reestablished enterprise the payment will be the lesser of:
(A) The difference between the depreciated value of the item in place and net proceeds of the sale; or
(B) The estimated cost of moving the item.
(3) If a bona fide sale is not effected under subsection (c) (1) or (c)(2) of this Section because no offer is received for the property, the owner shall be entitled to the reasonable expenses of the sale. The displaced owner shall arrange to have the personalty removed from the premises at no cost by a junk dealer, etc. If this fails the Department shall remove the item in the most economical manner.
(4) When personal property is abandoned with no effort made by the displaced owner to dispose of such property by sale or by removal at no cost as specified in the above paragraphs, the owner will not be entitled to moving expenses, or losses, for the items involved.
(d) Actual Reasonable Expenses In Searching For a Replacement Business or Farm.
(1) The owner of a displaced business or farm may be reimbursed for the actual reasonable expenses in searching for a replacement business, not to exceed $500.00. Such expenses may include transportation expenses, meals, lodging away from home and the reasonable value of time actually spent in search, including the fees of real estate agents or real estate brokers if actually required and paid by the displaced business.
(A) Receipted Bills. All expenses claimed except value of time actually spent in search must be supported by receipted bills.
(B) Time Spent In Search. Payment for time actually spent in search shall be based on the applicable hourly wage rate for the person conducting the search but may not exceed $10.00 per hour. A certified statement of the time spent in search and hourly wage rate shall accompany the claim.
(e) In Lieu of Actual Moving Expenses. In lieu of the payments described in subsections (b), (c), and (d) of this Section, an owner of a discontinued or relocated business or farm is eligible to receive a payment equal to the average annual net earnings of the enterprise except that such payment shall be not less than $2,500.00 nor more than $10,000.00 providing the following requirements are met:
(1) Department Shall Determine. In order for the owner of a business or farm to be entitled to this payment, the Department shall determine that:
(A) The business or farm cannot be relocated without a substantial loss of its existing patronage. Loss of existing patronage is determined by comparing existing patronage as defined in Section 370.00 of this Article to the estimated net income of the business for the 12 month period after relocation. Such determination shall be made only after consideration of all pertinent circumstances, including but not limited to the following factors:
1. The type of business or farm conducted by the displaced owner;
2. The nature of the clientele of the displaced business or farm;
3. The relative importance of the present and proposed location to the displaced business or farm;
4. Availability of replacement sites within the financial means of the displaced business or farm;
5. Competitive advantage of the existing location;
6. In case of a partial taking of a business or farm, the determination of whether the property remaining is no longer an economic unit;
7. Substantial additional capital expense required, or higher operating costs at the replacement site.
(B) The business or farm is not part of a commercial enterprise having at least one other establishment which is not being acquired which is engaged in the same or similar enterprise. The Department may determine by suitable criteria that the remaining facility is not another "establishment" for purposes of this section.
(C) The business or farm contributes materially to the income of the displaced owner. A part-time individual or family occupation in the home which does not contribute materially to the income of the displaced owner is not eligible for this payment.
(2) Owner Must Provide Information. To be eligible for the payment in lieu of actual and reasonable moving expense, the displaced business or farm must make its income tax and sales tax returns and its financial statements and accounting records available for audit for confidential use by the Department.
(3) In Business or Farming Less Than 2 Years. If the business or farm affected can show that it was in operation 12 consecutive months during the two taxable years prior to the taxable year in which it is required to relocate, had income during such period and is otherwise eligible, the owner of an enterprise is eligible to receive the in lieu payment. Where the business or farm was in operation for 12 consecutive months or more but was not in operation during the entire two preceding taxable years, the payment shall be computed by dividing the net earnings by the number of months the business or farm was operated and multiplying by 12. A taxable year is defined as any 12-month period used by the business or farm in filing income tax returns.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.14. Moving Payments to Nonprofit Organizations.
 (a) A displaced nonprofit organization eligible under Section 370.11 (a) is eligible to receive payments for either
(1) Actual reasonable moving expenses, actual direct losses of tangible personal property, actual reasonable expenses in searching for a replacement site, or
(2) In lieu of actual expenses in accordance with Section 370.13 (b), (c), (d) and (e), a payment in the amount of $2,500 if the Department determines that:
(A) The nonprofit organization cannot be relocated without a substantial loss of its existing patronage. The term "existing patronage" as used in connection with nonprofit organizations only includes the persons, community or clientele serviced or affected by the activities of the nonprofit organization; and
(B) The nonprofit organization is not part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.15. Advertising Signs.
 (a) General.
(1) The owner of a displaced advertising sign eligible under Section 370.11 (a) is eligible to receive a payment for actual reasonable moving and related expenses which include:
(A) Actual reasonable expenses in moving his advertising sign as provided in subsection (b) of this section;
(B) Actual direct losses of tangible personal property as provided in subsection (c) of this section; and
(C) Actual reasonable expenses in searching for a replacement sign site as provided in subsection (d) of this section.
(2) An owner of an advertising sign who is otherwise eligible for moving payments will not be eligible if he moves his sign to a site in violation of State, Federal or local regulations.
(3) The provisions of this paragraph do not apply separately to an advertising sign owned by and located on the business or farm being displaced. Those signs considered personal property, including signs eligible under Section 370.11 (m) are to be considered items of the business or farm and included under the provisions of Section 370.13.
(b) Actual Reasonable Moving Expenses. The owner of a displaced sign may be reimbursed for his actual, reasonable moving expenses in accordance with the provisions of Section 370.13 (b), (1) and (2).
(c) Actual Direct Losses of Tangible Personal Property. The owner of a sign may be reimbursed for actual direct losses when he is entitled to relocate the sign but does not do so. The amount of such loss will be the lesser of:
(1) The depreciated reproduction cost of the sign as determined by the Department; or
(2) The estimated cost of moving the sign.
(d) Actual Reasonable Expenses in Searching for a Replacement Sign Site.
(1) The owner of a displaced advertising sign may be reimbursed for his actual reasonable expenses in searching for a replacement sign site not to exceed $100.00. Such expenses may include transportation expenses, meals, lodging away from home and the reasonable value of time actually spent in search, including the fees of real estate agents or brokers if actually required and paid for by the displaced sign owner.
(A) Receipted Bills. All expenses claimed except value of time actually spent in search must be supported by receipted bills.
(B) Time Spent in Search. Payment for time actually spent in search shall be based on the applicable hourly wage rate for the person conducting the search but may not exceed $10.00 per hour. A certified statement of the time spent in search and hourly wage rate shall accompany the claim.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.16. Replacement Housing Payments.
 (a) General Provisions.
(1) In addition to other payments provided by this Article, eligible individuals and families displaced from their primary residence, including condominiums, cooperative apartments and mobile homes purchased by the State are eligible for replacement housing payments in accordance with this Article.
(2) Displaced individuals or families are not required to relocate to the same occupancy (owner or tenant) status but have other options according to their ownership status and tenure of occupancy as described in Sections 370.17 to 370.23, inclusive, of this Article.
(3) Not more than one replacement housing or rental payment shall be made for each dwelling unit except in the case of multi-family occupancy of one dwelling unit as specified in subsection (f) of this Section.
(b) Requirement to Receive Payments.
(1) In addition to the tenure of occupancy provisions the displaced person is otherwise eligible for the appropriate payments when he relocates and occupies a decent, safe and sanitary dwelling within a one-year period beginning on the later of the following dates:
(A) The date on which the owner received final payment for all costs of the acquired dwelling in negotiated settlements; or in the case of condemnation, the date on which the required amount is deposited into court for the benefit of the owner; or
(B) The date on which he actually vacates the acquired real property.
(2) A displaced person who has entered into a contract for the construction or rehabilitation of a replacement dwelling and, for reasons beyond his reasonable control, cannot occupy the replacement dwelling within the time period shown above shall be considered to have purchased and occupied the dwelling as of the date of such contract. The replacement housing payment or rental payment under these conditions shall be deferred until the displaced person has actually occupied the replacement dwelling.
(3) A displaced person who has entered a legally binding contract for purchase of a replacement dwelling and, for reasons beyond his reasonable control, cannot secure title to and occupancy of the replacement dwelling within the time period shown above shall be considered to have purchased and occupied the dwelling as of the date of such contract. The replacement housing or rental payment under these conditions shall be deferred until title to the premises vests in and the displaced person has actually occupied the replacement dwelling.
(c) Inspection for Decent, Safe and Sanitary Standards. Before making payment to the relocatee the Department shall inspect the replacement dwelling and determine whether it meets the standards for decent, safe and sanitary housing as set forth in Section 370.04 of this Article. Such determination by the Department that a dwelling meets the standards for decent, safe and sanitary housing is made solely for the purpose of determining the eligibility of relocated individuals and families for payments under this Article and is not a representation for any other purpose.
(d) Applicants Must Certify Eligibility. Applicants for any payment made under Sections 370.16 to 370.23, inclusive, must certify that, to the best of their knowledge and belief, the replacement dwelling meets the standards for decent, safe and sanitary housing specified in Section 370.04 of this Article and that they are eligible for the payment requested.
(e) Ownership of Replacement Dwelling Prior to the Initiation of Negotiations. Any person who has obtained legal ownership of a replacement dwelling prior to the initiation of negotiations on the project and occupies the replacement dwelling after being displaced but within the time limit specified in subsection (b) of this Section is eligible for replacement housing payment if the replacement dwelling meets the requirements of Section 370.04 of this Article.
(f) Multiple Occupancy of Same Dwelling Unit. The Department shall determine if the multiple occupancy of a single dwelling unit will require proration of replacement housing payments based on equitable criteria consistent with the intent of the displacees and the Relocation Act (Government Code Section 7260, et seq.).
(g) Joint Residential and Business Use. Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments.
(h) Dependents. A dependent who is residing separate and apart from the person or family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under these regulations, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. At the time the dependent vacates that dwelling, no further payment under these regulations shall be made to such person. For the purposes of this paragraph, a "dependent" shall be a person who derives fifty-one percent (51%) or more of his income in the form of gifts from any private person or any academic scholarship or stipend. Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that over fifty percent (50%) of their income is derived from sources other than gifts from another person or academic scholarships or stipends.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.17. Replacement Housing Payments to Owner-Occupant for 180 Days or More Who Purchases a Replacement Dwelling.
 (a) General.
(1) A displaced owner-occupant of a dwelling may receive additional payments, the combined total of which may not exceed $15,000.00, for the additional cost necessary:
(A) To purchase replacement housing;
(B) To compensate the owner for the loss of favorable financing on his existing mortgage in the financing of replacement housing; and
(C) To reimburse the owner for incidental expenses incident to the purchase of replacement housing when such costs are incurred as specified herein.
(2) The owner-occupant is eligible for such payments when:
(A) He has been in occupancy of the dwelling to be acquired as his primary residence for at least 180 consecutive days immediately prior to and including the date of initiation of negotiations for the parcel; and
(B) The property was acquired from him by the state; and
(C) He purchased and occupied a decent, safe and sanitary dwelling within the time period specified in Section 370.16 (b).
(b) Purchase Differential Payment.
(1) Amount of Payment. The replacement housing payment is the amount, if any, when added to the amount for which the Department acquired his dwelling, equals the actual cost which the owner is required to pay for a decent, safe, and sanitary dwelling, or the amount determined by the Department as necessary to purchase a comparable replacement dwelling, whichever is less. In the case of a prior owned dwelling, the actual cost of the prior owned dwelling will be based on the historical cost incurred at the time of its purchase. Any additional cost to bring the prior owned dwelling up to minimum decent, safe and sanitary standards may be included in the historical cost.
(2) Determination of Amount Necessary to Purchase Comparable Replacement Housing. The Department shall determine the amount necessary to purchase comparable replacement housing by any reasonable method the Department finds necessary.
(c) Interest Differential Payment.
(1) General.
(A) Interest differential payments are provided to compensate a displaced person for the increased interest costs he is required to pay for financing a replacement dwelling and shall be allowed only when both of the following conditions are met:
1. The dwelling acquired by the Department was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the initiation of negotiations; and
2. The mortgage on the replacement dwelling bears a higher effective rate of interest than the stated mortgage interest rate on the acquired dwelling.
As used in this subsection the term "mortgage" shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of, mobile homes or other vehicles, under the laws of the State of California, together with the credit instruments, if any, secured thereby.
(B) The interest differential payment will be based on and limited to the lesser of the following amounts:
1. The present worth of the right to receive the monthly difference in mortgage payments on the existing mortgage using the old and new interest rates; or
2. The present worth or the right to receive the monthly difference in mortgage payments on the new mortgage using the old stated and new interest rates.
(2) Payment Computation. The Department shall determine the amount of the interest differential payment.
(3) Interest Rate of Replacement Dwelling Mortgage. The interest rate of the mortgage on the replacement dwelling to be used in the computation shall not exceed the prevailing interest rate currently charged by mortgage lending institution in the vicinity.
(4) Discount Rate. The present worth shall be based on a discount rate equal to the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the acquired dwelling is located.
(5) Points and Loan Fees.
(A) To the amount of the increased payment shall be added the following:
1. The amount actually paid, if any, as points by the eligible displaced owner in the purchase of the replacement dwelling, not to exceed an amount calculated by multiplying the prevailing point rate by the amount of the eligible portion of the mortgage on the replacement dwelling, or the probable replacement cost of the acquired dwelling as determined by the Department whichever is less. A "point" is defined as 1% of the outstanding mortgage balance.
2. The amount actually paid, if any, as loan origination or service fees by the eligible displaced owner in the purchase of the replacement dwelling, not to exceed one percent of either the mortgage on the acquired dwelling, or 1% of the probable replacement cost of the acquired dwelling as determined by the Department, whichever is less.
(6). Variable Rate Mortgages.
(A) The interest rate of the mortgage on the acquired property shall be deemed to be that stated in the mortgage except that in those mortgages wherein the lender has the lawful right to make periodic adjustments in the interest rate, the interest rate in effect at the time of acquisition by the Department shall be used in the increased interest cost computation.
(B) The interest rate of the mortgage on the replacement dwelling shall be deemed to be the rate which will be applied to determine the first periodic payment of principal and interest on said mortgage.
(d) Incidental Expenses.
(1) Amount of Payment. The incidental expenses payment is the amount necessary to reimburse the homeowner for the actual costs in curred by him incident to the purchase of the replacement dwelling, but not for prepaid expenses. Such expenses shall be reasonable and legally required or customary in the community. Such costs may include, but are not limited to, the following items where actually paid by the displaced homeowner:
(A) Legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plates and charges paid incident to recordation;
(B) Lenders, Federal Housing Administration or Veterans Administration appraisal fee;
(C) Federal Housing Administration or Veterans Administration application fee;
(D) Certification of structural soundness when required by lender, Federal Housing Administration or Veterans Administration;
(E) Credit report;
(F) Owner's title policy or abstract of title;
(G) Escrow agent's fee;
(H) State real estate transfer tax;
(I) Sales or transfer taxes;
(J) No fee, cost, charge or expense is reimbursable as an incidental expense when it is determined to be a part of the debt service, or finance charge under the Truth in Lending Act, Title I, Public Law 90-321, and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System.
(e) Owner Retention of Dwelling. Where an owner-occupant retains his dwelling, the replacement housing payment shall be computed in accordance with the appropriate paragraph below:
(1) Dwelling is Decent, Safe and Sanitary. The payment, if any, shall be the amount by which the costs to relocate the retained dwelling exceeds the appraised value of the dwelling.
The costs to relocate may include the reasonable costs of acquiring a new site and other expenses incident to retaining, moving the dwelling and restoring it to a condition comparable to that before the move.
(2) Dwelling is Not Decent, Safe and Sanitary. The payment shall be computed as shown above except that the costs to cure the decent, safe and sanitary deficiencies shall be included in the costs to relocate.
(3) Limitations. The payment computed under Paragraphs (1) or (2) of this subsection may not exceed the amount which the owner would have obtained under subsection (b) (1) of this Section or, if no comparables are available on which to make such a determination, the cost of a new dwelling adequate to accommodate the displaced person.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.18. Rental Differential Payment to Owner-Occupant for 180 Days or More Who Rents a Replacement Dwelling.
 (a) General. An owner-occupant eligible for a replacement housing payment under Section 370.17 (a) who elects to rent a replacement dwelling is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment shall be computed and disbursed in accordance with the provisions of Section 370.21 (b), (c) and (d) except that:
(1) The present rental rate shall be economic rent as determined by market data; and
(2) The payment may not exceed the maximum amount which he would have received had he elected to receive a purchase differential payment under Section 370.17 (b).
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.19. Replacement Housing Payment to Owner-Occupant for Less Than 180 Days but Not Less Than 90 Days Who Purchases a Replacement Dwelling.
 (a) General. A displaced owner-occupant otherwise eligible under Section 370.17 (a) except that he has owned and occupied the dwelling for less than 180 days but not less than 90 days may receive an amount, not to exceed $4,000.00, to enable him to make a downpayment on the purchase of a replacement dwelling and reimbursement for actual expenses incident to such purchase; or for additional costs to relocate his retained dwelling in accordance with the following:
(b) Computation of Downpayment and Incidental Expenses.
(1) The amount of the downpayment shall be determined by the Department as the amount required as a typical downpayment on a comparable dwelling if such purchase was financed with a conventional loan, plus the amount required to be paid by the purchaser as points and/or an origination or loan services fee (not to exceed one percent of the probable replacement cost of the acquired dwelling as determined by the Department or one percent of the loan on the replacement dwelling whichever is less), if such fees are normal to real estate transactions in the area.
(2) The expenses incident to the purchase of replacement housing as provided in Section 370.17 (d);
(3) Upon purchase and occupancy of a decent, safe and sanitary dwelling by the relocatee within the time limits specified by Section 370.16 (b) the relocatee may be reimbursed:
(A) The amount of the downpayment determined in subsection (b) (1) of this Section and the eligible incidental expenses if the total amount of both does not exceed $2,000.00, or if more than $2,000.00;
(B) $2,000.00, plus 50 percent of the amount in excess of $2,000.00 providing the relocatee contributes 50 percent of the amount in excess of $2,000.00. In no event may the combined payments exceed $4,000.00.
(4) The full amount of the downpayment must be applied to the purchase price and eligible incidental costs, such downpayment and incidental costs claimed must be shown in the closing statement.
(c) Owner Retention of Dwelling. The owner may retain his dwelling and the replacement housing payment, if any, will be determined in accordance with the provisions of Section 370.17 (e) (1) and (2) but in no event will such payment exceed $4,000.00.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.20. Rental Differential Payment to Owner-Occupant for Less Than 180 Days but Not Less Than 90 Days Who Rents a Replacement Dwelling.
 (a) General. A displaced owner-occupant otherwise eligible under Section 370.17 (a) except that he has owned and occupied the dwelling for less than 180 days but not less than 90 days and elects to rent a replacement dwelling is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment will be computed and disbursed in accordance with the provisions of Section 370.21 (b), (c) and (d) except that the present rental rate shall be economic rent as determined by market data.
 
  Note:   Authority cited: 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.21. Rental Differential Payment to Tenant-Occupant for Not Less Than 90 Days Who Rents a Replacement Dwelling.
 (a) General. A displaced tenant is eligible for a rental differential payment not to exceed $4,000.00, if:
(1) He has been occupying the dwelling to be acquired as his primary residence for at least 90 consecutive days immediately prior to and including the date of initiation of negotiations; and
(2) The property was subsequently acquired; and
(3) He rented and occupied a decent, safe and sanitary dwelling within the time period specified in Section 370.16 (b).
(b) Computation of Payment.
(1) The payment, not to exceed $4,000.00, shall be determined by subtracting forty-eight (48) times the base monthly rental from:
(A) Forty-eight (48) times the monthly amount which the tenant actually pays for a replacement dwelling, or if lesser;
(B) Forty-eight (48) times the monthly amount determined by the Department as necessary to rent a comparable replacement dwelling.
(c) Department to Determine Method. The Department shall determine the amount necessary to rent a comparable replacement dwelling.
(d) Disbursement of Rental Differential Payments.
(1) Rental differential payments shall be paid in a lump sum, monthly or at other intervals determined as appropriate by the Department.
(2) If an installment payment is determined appropriate, the tenant must certify to the Department prior to receiving each installment payment that he is occupying decent, safe and sanitary housing. In the case where installment payments are being made to a dependent, he must certify that he is actually occupying the replacement property as specified in Section 370.16 (h).
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.22. Replacement Housing Payment to Tenant-Occupant for Not Less Than 90 Days Who Purchases a Replacement Dwelling.
 (a) General. A displaced tenant eligible for a rental replacement housing payment under Section 370.21 (a) who elects to purchase a replacement dwelling is eligible to receive an amount, not to exceed $4,000.00, to enable him to make a downpayment on the purchase of a comparable replacement dwelling including the expenses incident to such purchase.
(b) Computation of Payment. The payment shall be computed in accordance with the provisions of Section 370.19 (b).
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.23. Replacement Housing Payment to Tenant of a Sleeping Room for Not Less Than 90 Days.
 (a) General. A displaced tenant of a sleeping room who is eligible for a replacement housing payment under Section 370.21 (a) may receive an amount not to exceed $4,000.00 as a comparable replacement dwelling in accordance with the following paragraphs.
(b) Rental Differential Payment.
(1) The payment, not to exceed $4,000.00, shall be computed in accordance with the provisions of Section 370.21 (b).
(2) The Department's determination of the amount necessary to rent and the disbursement of the rental differential payments shall be as provided in Section 370.21 (c) and (d).
(c) Downpayment. The downpayment amount, including the expenses incident to purchase of the comparable replacement dwelling are to be computed in accordance with the provisions of Section 370.19 (b).
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.24. Mobile Homes.
 (a) General. Acquisition of Mobile Homes. The Department may purchase mobile homes where:
(1) The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost; or
(2) The mobile home is owner-occupied as a primary residence and is not a decent, safe and sanitary dwelling unit as defined in Section 370.04(c) of this Article and the decent, safe and sanitary deficiencies cannot be remedied at a reasonable cost.
(3) The mobile home is owner-occupied as a primary residence, and there are no adequate mobile home sites available in which to relocate the displacee's mobile home.
(b) Partial Acquisition of Mobile Home Park. Where the Department determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his business or go out of business the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move shall be eligible to receive the same payments as though their dwellings were within the actual taking.
(c) Mobile Homes as Replacement Dwellings. A mobile home may be considered a replacement dwelling provided:
(1) The mobile home meets decent, safe and sanitary standards as provided in Section 370.04(c);
(2) The mobile home is placed in a fixed location;
(A) In a mobile home park which is licensed and operating under State law; or
(B) In a mobile home subdivision wherein the displaced person owns the lot on which the mobile home is placed; or
(C) On real property owned or leased by the displaced person in other than a mobile home subdivision, provided such placement is in accordance with State and local laws or ordinances and provided such placement was made under permit from the State or local agency.
(d) Computation on Next Highest Type. When a comparable mobile home is not available it will be necessary to calculate the replacement housing payment on the basis of the next highest type of dwelling that is available and meets the applicable requirements and standards, i.e., a higher type mobile home or a conventional dwelling.
(1) "Not available" as used in this subsection includes, but is not limited to, those cases where mobile homes cannot be relocated in mobile home parks within a reasonable distance from the place of dislocation because of lack of available spaces or because of the standards and rules of the mobile home parks where spaces are available.
(e) General Provisions. The general provisions for moving expenses and replacement housing payments of Sections 370.11 and 370.16 of this Article are also applicable to owners and tenants of mobile homes.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.25. Moving Expenses for Mobile Homes.
 (a) General. The eligibility requirements of Section 370.11(a) and the provisions of Sections 370.11 and 370.12 are applicable to owners and occupants displaced from a mobile home.
(b) Owners of Mobile Homes.
(1) The owner of a mobile home may be reimbursed for the actual reasonable costs of moving the mobile home or other personal property in accordance with the provisions of Section 370.12(b); or
(2) If the owner occupies the mobile home, whether the mobile home is moved or not, he may elect to be reimbursed in accordance with Section 370.12(c).
(3) The cost of moving a mobile home on an actual cost basis may include the cost of detaching and reattaching fixtures and appliances where applicable. When required at the replacement site, the Department may include, as moving expenses, necessary costs of skirting, awnings, etc.
(c) Mobile Home Tenants. Tenants who are displaced from a mobile home may elect to be reimbursed for moving their personal property on an actual reasonable cost basis as specified in Section 370.12(b) or in accordance with Section 370.12(c).
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.26. Replacement Housing Payments -Mobile Homes.
 (a) The owner-occupant of a mobile home and site who purchases both a replacement dwelling and site shall be provided a replacement housing payment in accordance with Sections 370.17 or 370.19, as appropriate. If the owner-occupant rents both a replacement dwelling and site, he shall be provided a payment in accordance with Sections 370.18 or 370.20, as appropriate.
(b) The owner-occupant of a mobile home and site who purchases a replacement dwelling and rents a replacement site shall be provided a payment in accordance with Sections 370.17 and 370.18. The payment shall be limited to the lesser of:
(1) The amount as determined by the Department as necessary to purchase a conventional replacement dwelling; and
(2) The amount as determined by the Department as necessary to purchase a replacement mobile home (in accordance with Section 370.17) plus the amount necessary to rent a replacement site (in accordance with Section 370.18) to a maximum of $15,000.
(3) If an owner-occupant for over 90 days but less than 180 days, the owner-occupant of a mobile home would only be eligible for payments provided by Sections 370.19 or 370.20 to a maximum of $4,000.
(c) The owner-occupant who owns a site from which he moves a mobile home shall be provided a replacement housing payment under Sections 370.17 or 370.19 if he purchases a replacement site and under Sections 370.18 or 370.20 if he rents a replacement site.
(d) The owner-occupant of a mobile home which is acquired and who rents the acquired site shall be provided payment as follows:
(1) If a mobile home is not available, the amount required to purchase a conventional replacement dwelling (in accordance with Section 370.17); and
(2) The amount necessary to purchase a replacement mobile home (in accordance with Section 370.17) plus the amount necessary to lease, rent, or make a downpayment on a replacement site (in accordance with Sections 370.18 and 370.19) to a maximum of $15,000.
(3) If an owner-occupant of a mobile home for more than 90 days but less than 180 days, the owner-occupant shall only be eligible for payments provided by Sections 370.19 or 370.20, to a maximum of $4,000.
(4) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with Section 370.18.
(e) The tenant-occupant who rents a mobile home and site shall be provided payments in accordance with Sections 370.21 and 370.22.
(f) Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.27. Housing Provided As a Last Resort -General.
 (a) When it is determined that adequate replacement housing is not available, or cannot otherwise be made available, the Department shall take steps to provide comparable replacement housing. Such steps shall include, but not be limited to, the following:
(1) Provide for payments over and above the limits established in this chapter which will put the comparable replacement housing that is available within the financial means of the displacees. Under no circumstances will a rental subsidy exceed a period of 48 months.
(2) Provide for the purchase or construction of comparable replacement housing which can be made available to the displacee, within his financial means and reasonably accessible to his place of employment.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.28. Temporary Moves for Rehabilitation.
 (a) If temporary displacement is required because of a program of residential rehabilitation the occupants displaced may be provided at State expense with the following:
(1) Temporary housing in motels or apartments. Displacee shall continue to be liable for payment of rent on the unit from which they have been temporarily displaced.
(2) Transportation of displacees.
(3) Moving of personal property.
(4) Storage of personal property.
(5) Gas and electricity in temporary residence.
(6) Telephone transfers.
(7) If displacees are moved from housekeeping units to accommodations without kitchens, meals shall be provided. The Department may contract with restaurants, or at its option the Department may provide a meal allowance of $12.00 per day for each displacee. The meal allowance may be paid in advance when deemed appropriate by the Department.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 370.40. General.
The provisions of the Relocation Assistance and Real Property Acquisition Guidelines of the State of California, Department of Housing and Community Development, regarding acquisition policies (California Administrative Code, Title 25, Chapter 6, Article 6) are hereby incorporated.
 
  Note:   Authority cited: Section 7267.8, Government Code. Reference:  Section 7268, Government Code.


s 380. Purpose and Scope.
The purpose of these regulations is to establish those procedures authorized and required by legal enactments, including the following:
 - Chapter 1434 of the Statutes of 1974, as amended, which added Chapter 10  (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
 - Initiative Measure of 2000 (Proposition 35, s 4, approved November 7, 2000, effective November 8, 2000), which added Chapter 10.1 (commencing with Section 4529.10) of Division 5 of Title 1 of the Government Code.
 - Article XXII of the California Constitution, Article XXII, which was added by Initiative Measure (Proposition 35, s 4, effective November 8, 2000, approved November 7, 2000), and amended the California Constitution.
Such procedures shall require the securing of services covered under Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
The Department of Water Resources is authorized to contract with qualified firms, as described in Government Code Section 4525(a), for the services listed in Government Code Section 4525(d), 4525(e), and 4525(f).
The regulations in this chapter are intended to be broad enough to encompass all matters needed for the Department of Water Resources to carry out its mission, which includes the duty to manage the water resources of California in cooperation with other agencies, to benefit the State's people, and to protect, restore, and enhance the natural and human environments, and to fulfill its statutory mandates.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4529.10, Government Code. 
  
 


s 381. Definitions.
As used in these regulations:
(a) The term "architectural and engineering (hereafter "A&E") services" shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including permitting and environmental studies, rights-of-way services, design phase services, construction phase services, public outreach and meeting facilitation related to the foregoing. "A&E services" shall not include legal services rendered to the Department, provided that nothing in these regulations shall prevent an A&E contractor from consulting legal counsel and including the fees as part of its reasonable overhead.
(b) "Department" and "DWR" mean the Department of Water Resources.
(c) "Director" is the Director of the Department of Water Resources or any person delegated by the Director to act on the behalf of the Director.
(d) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(e) "Project" includes a project as defined in Section 10105 of the Public Contract Code, or as defined in Public Resources Code Section 21065. Project shall also include any or all of the State Water Project, the Sacramento River Flood Control Project, any authorized flood control project pursuant to Water Code Section 12570 et seq., and any dam subject to the jurisdiction of the Department pursuant to Water Code Section 6000 et seq. "Project" also includes "'services"' which relate to public works of improvement or other similar Department needs. "Services" shall mean any activity described in Section 381(a) including incidental or ancillary services typically, logically or justifiably performed in connection therewith. Such incidental services may include educational, instructional, training, and public outreach services, providing workshops, making presentations and facilitating meetings. Furthermore, "project" means the nature or scope of work being solicited as defined by a statewide announcement and/or Request for Qualifications.
(f) "RFQ" is an acronym for Request for Qualifications, the solicitation document used to request a Statement of Qualifications of firms that perform A&E services.
(g) "Small business" firm is a firm certified as a "small business" in accordance with Section 14837 of the Government Code.
(h) "SOQ" is an acronym for Statement of Qualifications, the response to an RFQ or annual announcement submitted by firms that perform A&E services.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526, 4527 and 4529.10, Government Code. 
  
 


s 381.1. Announcements for Statement of Qualifications and Performance Data.
On an annual basis, or more or less frequently as needed by the Department, the Director may request SOQs for specified A&E services by statewide announcement as provided in Section 384 of these regulations. This announcement must, at a minimum, include a description of the project or proposed services, a Department contact, and the date, time and location for submission of SOQs. The announcements may also identify the criteria upon which the award will be made. The statewide announcement shall be made through publications of the respective professional societies.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Section 4527, Government Code. 
  
 


s 382. Establishment of Criteria.
The Director shall establish criteria which will comprise the basis for selection for each project or proposed services. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm and/or subcontractors, location, or other considerations deemed relevant. Such factors shall be weighted by the Director according to the nature of the project or proposed services, the needs of the State and complexity and special requirements of the specific project or proposed services.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4529.12, Government Code. 
  
 


s 383. Estimate of Value of Services.
Before any discussion with any firm concerning fees may take place, the Director shall cause an estimate of the value of such services to be prepared. This estimate may be based on such factors as a market survey, comparison with fees paid to other departments' or agencies' contractors for similar services, or comparison with the salaries of comparable positions within the Department, within State service, or within other governmental entities. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until approval of contract or abandonment of any further procedure for the services to which it relates. At any time the Director determines the State's estimates to be unrealistic due to rising costs, special conditions, or for other relevant considerations, the estimate shall be reevaluated and modified if necessary.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4528 and 4529.12, Government Code. 
  
 


s 384. Request for Qualifications - Publication of Announcement.
 (a) Where a project or Department need requires A&E services, the Department may make a statewide announcement through the publications of the respective professional societies, in a construction trade journal, or publicize the requirements for services in other appropriate publications.
The Department may also or as an alternative selectively advertise to reach providers of services within the appropriate trade or profession by publishing the announcement through electronic communications media which support bulletin boards or Internet web sites that have demonstrated statewide accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured.
Failure of any professional society or construction trade journal to publish the announcement shall not invalidate any contract.
(b) The announcement shall include information describing the project or services, a Department contact for obtaining RFQs and the due date, time and location for submission of SOQs. The announcement may also identify the criteria upon which the award will be made. The announcement shall be statewide and shall be made through publications of the respective professional societies.
(c) The Director shall endeavor to provide to all small business firms that have indicated an interest in receiving such, a copy of each announcement for work, projects or services for which the Director concludes that small business firms could be especially qualified. A failure of the Director to send a copy of an announcement to any firm shall not operate to preclude any contract.
(d) If the Department has received at least three SOQs from qualified firms through the announcement issue pursuant to Section 381.1, the Director may waive the statewide announcement required in subdivision (a) of this section.
(e) The Director shall disseminate RFQs to those firms responding to the announcement and to qualified firms providing SOQs pursuant to Section 381.1. The RFQs shall include a description of the project, the criteria upon which the award shall be made, the due date, SOQ submission and contract requirements. The RFQs may also provide for the award of multiple contracts if the selection procedure is sufficiently described in the RFQ and the award otherwise complies with the provisions of this subchapter.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code. 
  
 


s 385. Selection Process.
After expiration of the period stated in the announcement prescribed in Section 384, the Director shall evaluate statements of qualifications and performance data that have been submitted to the Department. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found that could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit qualifications must be entered in the files. From the firms with which discussions are held, the Director shall select no less than three, in order of preference, based upon the established and published criteria, that are deemed to be the most highly qualified to provide the services required.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.12, Government Code. 
  
 


s 386. Negotiation.
The Director shall attempt to negotiate a contract with the most highly qualified firm. In negotiating fees and executing a contract, the procedure described in Section 6106 of the Public Contract Code shall be followed. When the Director is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions as determined by the procedure set forth in Section 383, negotiations shall be terminated. The Director may then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The Director may then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the Director be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed and the negotiation procedure continued.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4527 and 4528, Government Code. 
  
 


s 386.1. Length of Agreements.
Firms selected may be retained for up to one year or longer if needed to complete the project or the services.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Section 4528 Government Code. 
  
 


s 387. Amendments.
Where the Director determines that a change in the contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, including extensions of time, with a reasonable adjustment in the firm's compensation.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4528 and 4529.12, Government Code. 
  
 


s 388. Alternative Contract Procedures.
 (a) Contracting in Phases. Should the Director determine that it is necessary or desirable to have a given project or set of services performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the Director shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable, i.e., in all other respects 'Contracts in Phases' must comply with Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code.
(b) Retainer Agreements. The Department may identify the general need for A&E services to assist in its overall mission and may enter into contracts for such services through a retainer agreement. Retainer agreements will provide a process for the development and execution of task orders for defined A&E work. Rates for such work shall be specified in a rate schedule to be attached to the original contract provided that rates may be modified and categories of work added by mutual agreement of the parties. Retainer agreements must comply with Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 Government Code; Article XXII, California Constitution, Section 1. 
  
 


s 389. Director's Power to Require Bids.
Where the Director determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract may be awarded on the basis of bids rather than by following the foregoing procedures for requesting qualifications and negotiation.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code; Article XXII, California Constitution, Section 1. 
  
 


s 390. Exclusions.
The provisions of this subchapter shall not apply to service agreements for architects or engineers engaged to provide consulting services on specific problems on projects where the architectural and engineering work is being performed by State of California Civil Service employees, nor to service agreements for the services of recognized experts retained as members of advisory boards.
 
  Note:   Authority cited: Section 426, Government Code. Reference:  Sections 4525-4529, Government Code. 
  
 


s 391. Prohibited Practices and Conflict of Interest.
 (a) Practices which might result in unlawful activity, including but not limited to rebates, kickbacks, or other unlawful consideration are strictly prohibited. The Department shall require a contract entered into pursuant to this chapter to include a provision in which the firm represents that the contract was not obtained through rebates, kickbacks, or other unlawful considerations either promised or paid to a DWR employee. In addition to any other applicable legal proscriptions, failure to adhere to the representation may be cause for contract termination and recovery of damages under the rights and remedies due the Department under the default provision of the contract.
(b) A DWR employee shall not participate in the selection process if the employee has a relationship, as specified in Section 87100 of the Government Code, with a firm seeking a contract subject to this chapter.
(c) Nothing in this chapter shall be construed to abridge the obligation of the Department or the firm to comply with all laws regarding political contributions, conflicts of interest, or unlawful activities.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.12, Government Code. 
  
 


 
 


s 392. Definitions.
This Chapter shall apply to the Department's award of contracts under the State Contract Act, Public Contract Code Sections 10100 et seq.
As used in these regulations:
(a) "Department" is the Department of Water Resources.
(b) "Minority" shall have the meaning set forth in Section 10115.1 of the Public Contract Code.
(c) "M/WBE" means minority business enterprise and or women business enterprise.
(d) The terms "minority business enterprise" ( "MBE") and "women business enterprise" ( "WBE"), shall have the respective meanings set forth in Section 10115.1 of the Public Contract Code.
(e) "Contract" shall mean public works contracts as defined in Section 1101 of the Public Contract Code which are awarded by the Department pursuant to the State Contract Act, Public Contract Code Sections 10100 et seq.
 
  Note:    Authority cited: Section 10115.3, Public Contract Code. Reference:  Sections 10115.1 and 10115.2, Public Contract Code. 
  
 


s 393. Minority and Women Business Enterprise Bid Requirements.
Bidders shall either (1) meet the M/WBE goals as set forth in Section 10115 of the Public Contract Code and specified in the bid package released by the Department, and shall provide within the time frames specified in the bidding requirements the names of their M/WBE subcontractors and suppliers of services, material and equipment, together with certification of their M/WBE status as described in Section 393(a) and their indicated dollar participation, or (2) provide within the time frames specified in the bidding requirements the required documentation demonstrating that they have made a good faith effort as described in Section 393(b) to meet the specified goals.
(a) Certification that a firm meets the definition of a M/WBE pursuant to  Sections 10115.1(e) and 10115.1(f) of the Public Contract Code shall be accepted when completed by federal, state or local agencies designated by the Department as acceptable for issuing such certification verifying that a specific firm is a M/WBE. These agencies shall include but not be limited to:
(1) State Department of Transportation
(2) U.S. Small Business Administration
(b) A bidder shall be considered to have made a good faith effort upon showing, within the time limits specified in the bidding requirements, to the satisfaction of the Department, that the requirements set forth in Section 10115.2(b) of the Public Contract Code or any other requirements described in the bidding requirements were met.
 
  Note:    Authority cited: Section 10115.3, Public Contract Code. Reference:  Section 10115.2(c), Public Contract Code. 
  
 


s 394. Applicability.
The Department may exempt the application of these regulations to specified contracts pursuant to Section 10115.2(c) of the Public Contract Code.
 
  Note:    Authority cited: Section 10115.3, Public Contract Code. Reference:  Sections 10115.1 and 10115.2, Public Contract Code. 
  
 


s 400. Definitions.
As used in these regulations, the terms listed below shall have the meanings noted:
(a) "Department," "project" and "public agency" shall have the meaning given in Water Code Sections 22, 12881.2(a) and 12881.2(b), respectively.
(b) Governing Body. "Governing body" shall mean the body which is empowered by law to govern the business of a public agency.
(c) Act. "Act" shall mean the Davis-Grunsky Act as set forth in Chapter 5  (commencing with Section 12880) of Part 6 of Division 6 of the Water Code, and any and all amendments which may hereafter be made thereto.
(d) Applicant. "Applicant" shall mean any public agency applying for financial assistance under the Davis-Grunsky Act.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12881.2, Water Code. 
  
 


s 405. Purposes and Effect of Regulations.
These regulations are adopted for the purpose of carrying out the provisions of the Davis-Grunsky Act.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Sections 12880 et seq., Water Code. 
  
 


s 406. Official Records.
 
 


s 407. Filing Fees.
No filing fee is required to accompany any request for a preliminary determination of eligibility or any application for assistance under the act.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 411. Form of Request for Preliminary Determination of Eligibility.
Applicants for a loan or grant under the act for the construction of a proposed project shall file with the department a request for a preliminary determination of eligibility in duplicate on a form provided by the department.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 412. Material to Accompany Request.
Each request that is filed with the department shall be accompanied by duplicate copies of the following material:
(a) A resolution by the governing body authorizing the filing of the request, and designating a representative authorized to act on behalf of the applicant.
(b) A generalized sketch of the proposed project on a U.S. Geological Survey quadrangle map or on any other suitable and readily available map.
(c) Applicant's most recent financial statement.
(d) Such other material as the department may require.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 413. Omissions in Request for Preliminary Determination of Eligibility.
If a request for a preliminary determination of eligibility submitted to the department is not complete, or if additional information is required, the department will notify the public agency in what respect the request is incomplete. If the request is not completed within 60 days after notice that the request is incomplete, unless the department extends this time for good cause shown, the department will return the request to the public agency without making any finding as to eligibility and without prejudice to the submission of a new request at any future time.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 414. Review by Department.
Upon receipt of a properly completed request, the department will review it forthwith and will make preliminary findings regarding eligibility as to type of agency, type of project, purposes of project, conformance with The California Water Plan, statewide interest, and, when a loan is proposed, the reasonable ability of the applicant to finance from other sources.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 415. Notice to Applicants.
After a review of a request, the department will notify the applicant of the department's preliminary findings. Such findings shall be solely for the information and guidance of the applicant in determining whether or not it wishes to proceed with an application.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 416. Time to Complete Applications.
Upon notice by the department to a public agency of its findings on a request for preliminary determination of eligibility, the public agency will be given a period of one year to complete an application, as set forth in Article 3. If an application is not completed within one year, or within such additional time as the department may grant for good cause shown, then a new request for preliminary determination of eligibility must be filed with the department.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 420. Form of Application.
Applicants for a loan and applicants for a grant under the Act for the construction of a proposed project, and applicants for a grant under the Act for the construction of initial water supply and sanitary facilities, shall also file with the Department an application in writing which shall contain a specific request for each type of assistance applied for in a specified amount. Such application may be in the form of a letter and shall be accompanied by twenty-five (25) copies of a feasibility report on the applicant's proposed project and by a resolution by the governing body of the applicant adopting the feasibility report and specifically authorizing the filing of the application by a designated representative who is to represent the applicant until final action is taken by the Department on the application. Feasibility reports shall be prepared at the expense of the applicant, under the direction of a licensed civil engineer, except that where an applicant for a loan for an irrigation distribution system project or a municipal distribution system project has no engineer, the feasibility report may be prepared by or under the direction of, the county surveyor, road commissioner or comparable officer of a county in which the applicant is located, in whole or part. Applicants shall obtain a determination from the Department before filing an application whether feasibility reports shall include reports prepared by financial consultants, economists, recreation planners, or by consultants in other special fields. Supporting material with respect to the ability of a public agency to repay a loan and with respect to the reasonable ability of the public agency to finance all or part of the proposed project from other sources may be supplied by the county assessor or the county engineer.
In addition to the above, applications for loans for irrigation or municipal distribution system projects which involve extreme hardship which jeopardizes the public health, safety or welfare shall describe, generally, such extreme hardship existing with respect to the water supply, the financial and economic conditions existing in the area, and the proposed project, and shall be accompanied by:
(a) A report by the assessor of the local agency with respect to assessed valuation and tax delinquencies.
(b) In cases involving a health hazard with respect to the domestic water supply, a report by the local health officer or by the Department of Public Health with respect to such health hazard.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 420.1. Time of Filing Application for Facilities Grant.
Applicants for a grant under the act for the construction of initial water supply and sanitary facilities shall file an application for such assistance at the same time an application is filed for a grant for the construction of a proposed project.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 421. Contents of Feasibility Report.
The feasibility report should contain sufficient information and data to demonstrate that the proposed project is engineeringly feasible, economically justified, and financially sound. The amount of detailed information required in the feasibility report will vary with the type, purpose, and complexity of the project. In each case, the department will advise the applicant regarding the nature and scope of the information and studies which should be contained in the feasibility report. The department will also advise the applicant of the criteria it will use to evaluate the engineering, economic, and financial aspects of the project. In general, feasibility reports shall contain the following:
(a) A general description of the project plan, purpose, and accomplishments, with a map showing the project features and service area.
(b) Studies of water resources and water requirements, including project operational studies demonstrating the accomplishments of the project.
(c) Status of water rights necessary for operation of the project.
(d) Preliminary designs and cost estimates of the project features in sufficient detail to establish probable cost of the project. Estimates of annual costs of operation and maintenance should also be included.
(e) Economic studies to establish the benefits and economic justification of the project.
(f) An allocation of costs among the purposes of the project, if the project has more than one purpose.
(g) Financial studies indicating the proposed method of financing, sources of revenue, and repayment schedule.
(h) A construction schedule and an estimate of the amount of state funds required each year.
(i) Environmental documents prepared and submitted pursuant to Title 14, Division 6, Chapter 3 (Register 78, No. 5) and Title 23, Chapter 2, Subchapter 3 of this Code.
(j) Such other information as the Department may require.
 
  Note:   Authority cited: Section 21082, Public Resources Code; Section 12890, Water Code. Reference: Sections 21069, 21150, 21153, Public Resources Code; Sections 12882-12882.5, Water Code. 
  
 

s 422. Omissions in Application.
If an application submitted to the Department is not complete, or if additional information is required, the Department will notify the applicant in what respect the application is incomplete. If the application is not completed within 90 days after the notice that the application is incomplete, unless the Department extends this time for good cause shown, the Department will return the application to the applicant without making any findings on the application and without prejudice to the submission of a new application at any future time.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 423. Use of Department's Data.
Any pertinent data in the files of the department will be made available to applicants for use in preparing applications and feasibility reports. Such data will be furnished free of charge except for costs of reproduction. If the proposed project has been reported on by the department, the report may be used by the applicant and supplemented by such additional information as may be necessary to complete the application.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 

s 424. Review and Report by the Department.
 (a) The Department shall review any application and environmental document submitted to it pursuant to Title 14, Section 15146 of this Code. (Register 78, No. 5).
(b) The Department shall then prepare a report containing its findings and recommendations with respect to the application and will file said report with the State Legislature.
(c) The Department shall furnish the applicant with copies of the report.
 
  Note:   Authority cited: Section 21082, Public Resources Code; Section 12890, Water Code. Reference: Sections 21002, 21002.1, and 21150, Public Resources Code; Section 12882.4, Water Code. 
  
 

s 425. Submission to California Water Commission.
The Department will submit all applications filed under this Article 3 and the Department's reports thereon to the California Water Commission for its approval before final action is taken by the Department.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12891.4, Water Code. 
  
 

s 426. Notice to Applicants.
The department will notify each applicant of the official action taken by the department and by the California Water Commission with respect to the application.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12891.4, Water Code. 
  
 


s 427. Form and Filing of Application.
Applications for state participation under Article 7 (commencing with Section 12886) of the Act shall be made to the Department by a public agency in the form of a letter stating the conditions under which the state participation is desired, accompanied by a resolution by the governing body of the applicant authorizing the filing of the application by a designated representative who is to represent the applicant until final action is taken by the Department on the application. The applicant shall submit to the Department such additional information as the Department may require to reach a decision in the particular case.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12886.4, Water Code. 
  
 

s 431. Contract.
State funds will not be advanced to any applicant pursuant to an approved loan or grant until a contract between the applicant and the department setting forth terms and conditions of such loans or grants has been executed.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12887.2, Water Code. 
  
 

s 432. Water Rights.
The department will not execute a contract with any applicant for a loan or grant for the construction of a proposed project, or grant for the construction of initial water supply and sanitary facilities, or state participation, until the applicant submits evidence satisfactory to the department that the applicant holds or can acquire water rights adequate to permit operation of the project as specified in the application. No funds shall be disbursed under the contract unless or until the applicant has or obtains a right or permit to appropriate the water required for operation of the project.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 


s 435. Feasibility Report.
As used in this Article 5 of these regulations, "feasibility report" shall mean such report on the feasibility of a public agency's proposed project as the department may require the public agency to file with the department in support of an application by the public agency under the Act for a loan for the construction of the proposed project.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 


s 436. Form and Filing of Application.
Applicants for a loan under the act for the preparation of a feasibility report on a proposed project shall file an application for the loan on a form provided by the department. Such application should be filed after receipt of a favorable written reply from the department on a written request for a preliminary determination of eligibility for a loan for the construction of the proposed project filed with the department by the applicant in accordance with Article 2 of these regulations. The application shall be accompanied by such additional information as the department may determine is required to reach a decision in the particular case.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 


s 437. Other Applicable Provisions.
The provisions of Sections 422, 423, 424, 425, and 431 of these regulations shall also apply to applications for loans under the Act for the preparation of feasibility reports.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code. 
  
 


s 445. Eligible Recreation Activities.
In calculating recreation benefits, the recreation activities that the Department will consider shall be limited to water-associated activities which take place in, on, or adjacent to the reservoir, and which entail direct enjoyment of the recreational values of the reservoir. The activities considered may include bathing, fishing, hunting, boating, water skiing, picnicking, and camping.
Activities and facilities which the Department will not consider shall include, but not be limited to, the following: hiking, riding, cycling, scientific-historic appreciation, swimming pools, swimming lagoons detached from reservoirs, athletic fields, amphitheaters, museums, zoos, nature study areas, stables, and golf courses.
 
  Note:   Authority cited: Section 12890, Water Code; reference: Section 12884.2, Water Code. 
  
 


s 446. Eligible Recreation Lands.
 
  Note:   Authority cited: Section 12890, Water Code. Reference: Section 12884.2, Water Code. 
  
 

 
 
 
  Note:   Authority cited for Article 9 (Sections 447-450, inclusive):  Section 6078, Water Code. Reference: Section 12885.9, Water Code. 
  
 


s 449.1. Definitions.
The words used in this chapter have the meanings provided in Water Code Section 12929.2 and set forth below:
(a) "Act" means the Environmental Water Act of 1989 as set forth in Chapter 7.7 of Part 6 of Division 6 of the Water Code (commencing as Section 12929) and any amendments thereto.
(b) "Applicant" means the agency or entity requesting a grant, loan, or combination of grant and loan under the Act.
(c) "Direct Expenditure" means costs incurred by the Department as a result of staff salary and overhead expenses associated with implementing and administering the Act and other costs incurred under the Act.
(d) "Enhancement" means the process of improving upon current conditions, and may be used to describe a program that results in a specific area, such as a watershed, wetland, fisheries, or riparian area, gaining desired features. It is distinguishable from "restoration" in that it does not imply merely a return to natural conditions, but may include the provision of other features that were not part of the area's natural conditions.
(e) "Environmental Water Program" means the program authorized by Article 3 of the Act (ss 12929.20 through 12929.26, inclusive).
(f) "Environmental Enhancement Component" means that part of the Environmental Water Program that is authorized by Section 12929.26 of the Act.
(g) "Environmental documentation" means written documentation prepared in compliance with all applicable laws and guidelines relating to the protection of the environment and resources of the State, including but not limited to the California Environmental Quality Act and Guidelines (Public Resources Code s 21000 et seq.); the National Environmental Policy Act (42 U.S.C.A. s 4371 et seq.); the Federal Clean Water Act (33 U.S.C.A. s1251 et seq.); the California Fish & Game Code, including the California Endangered Species Act (Fish & Game Code s 2050 et seq.); and the Federal Endangered Species Act (16 U.S.C.A. s 1531 et seq.).
(h) "Mitigation" means those actions required by law for the purposes listed in the CEQA guidelines at 14 California Code of Regulations section 15370.
(i) "Mono Lake Basin Component" means that part of the Environmental Water Program that is authorized by Sections 12929.20 through 12929.25 of the Act.
(j) "Private Agency" means a nongovernmental entity.
(k) "Project" and "program" mean an activity or activities that result in an actual physical change to the environment or produce or conserve water.
( l) "Public Agency" means any Federal agency, State agency, or political subdivision of the State of California, including but not limited to any county, city, city and county, or district.
(m) "Restore" means to reproduce and reestablish the physical and biological characteristics of an area which would occur in a specific area under current climatic, geologic, and hydrologic conditions. An area is suitable for restoration if it has been damaged or if it has been modified by human efforts.
(n) "Study" means an activity that involves investigation, testing, review, or evaluation of data without physically changing the environment or producing additional water or power supplies.
(o) "Technical Feasibility" means that the proposed project can be designed, constructed, and operated to accomplish the purpose for which it is planned, and is planned in accordance with generally accepted engineering and environmental principles and concepts.
(p) "Water Quality Program" means the program authorized by Article 4 of the Act (ss 12929.30 and 12929.31).
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929, 12929.1, 12929.2, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31 and 12929.41, Water Code. 
  
 


s 449.2. Program Funding.
 (a) The matching funds requirement for grants described in Section 12929.41(b) of the Act may be met by monetary contribution, in-kind service such as materials, labor, or staff time, or land easements.
(b) The Department may request that the applicant seek federal funds or participation by federal agencies.
(c) Loan applicants must demonstrate that they possess the ability to repay the loan by providing the following information:
(1) financial statements;
(2) statements of existing cash reserves and existing debts, long term and short term;
(3) a statement describing the applicant's legal authority to enter into a loan contract with the state;
(4) a description of the repayment method;
(5) an explanation of how the applicant proposes to secure the loan if required to do so by the State;
(6) a description of funding sources for all other elements of the proposed project if the total project costs exceed the loan;
(7) disclosure of any other debt currently pending issuance or approval; and
(8) any other information necessary to evaluate the applicant's ability to repay the loan.
(d) The maximum loan term shall be no longer than the useful life of the project.
(e) Applicants may apply for funds that may be appropriated in the future.
(f) Applications that are not approved for funding may be reconsidered in the next funding cycle.
(g) No funds shall be disbursed until the applicant has obtained all applicable permits and complied with all applicable federal, state, and local laws, rules and regulations, and until the applicant and the Department execute a contract setting forth the terms and conditions of such grants or loans.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929.41, 12929.42, 12929.43 and 12949.45, Water Code. 
  
 


s 449.3. Application Process.
 (a) Applicants shall file with the Department a complete application. The Department shall provide application packages upon request.
(b) A complete application consists of the application and any required supporting information, including environmental documentation, attached to, or bound with, the application.
 (c) If environmental documentation is not completed, the application may be submitted with a statement explaining in detail the steps remaining in the process of obtaining final environmental documentation.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929.11, 12929.20, 12929.21 and 12929.22, Water Code. Section 21002.1, Public Resources Code. 
  
 


s 449.4. Mono Lake Basin Provisions.
 (a) Eligibility Requirements
(1) Only those types of projects that are listed in Section 12929.22 of the Act and that are technically feasible shall be considered for funding.
(2) Studies may be funded only if they are associated with technically feasible projects.
(3) The project must result in the reduction of diversions of water from the Mono Lake Basin.
(4) Costs of long-term operation and maintenance are not eligible for funding. Costs for long-term operation and maintenance may be part of an in-kind service contribution.
(5) The Department shall review the project's eligibility, and may revise its decision on project eligibility, if prior to the funding of the project the State Water Resources Control Board issues a final order, or a court issues a final judgment, regarding the Mono Lake Basin.
(b) Application Procedure
(1) The application process shall be conducted on a continuing, open basis, in which applications shall be reviewed as they are received.
(2) Each application shall include or be accompanied by the following information:
(A) A detailed project description;
(B) a detailed description of project benefits;
(C) maps of project area, marked with locations of the project components;
(D) a description and determination of project technical feasibility and methods to be used, with certification from a California Registered Engineer;
(E) a firm estimate of the amount of water to be gained, reclaimed, or conserved by the project;
(F) a detailed plan and schedule showing timing and amount of reduced diversion from the Mono Lake Basin;
(G) a detailed outline of total project costs, including long-term operation and maintenance costs;
(H) a description of source and amount of matching funds;
(I) environmental documentation and permits that are required, or a statement pursuant to Section 449.3(c) if environmental documentation is incomplete;
(J) a detailed schedule for the completion of the proposed project;
(K) copies of any project feasibility studies that have been prepared for the project; and
(L) any other information necessary to evaluate the project's eligibility and technical feasibility.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929.21, 12929.22, 19292.24, 12929.41 and 12929.45, Water Code. 
  
 


s 449.5. Environmental Enhancement Component.
 (a) Eligibility Requirements
(1) Projects must involve activities listed in Section 12929.26 of the Act.
(2) Applications for technically feasible projects and programs shall be considered for funding. Studies may be funded only if they are associated with technically feasible projects funded by the Environmental Water Fund.
(3) No funds shall be granted or loaned for long-term operation and maintenance. Costs for long-term operation and maintenance may be part of an applicant's in-kind service contribution.
(4) Projects that are mitigation for other projects are not eligible for funding under this program.
(5) In order to allow for a greater number of projects to be funded, the total amount funded through grants, loans, or a combination of grants and loans, for any single project shall not exceed one million dollars ($1,000,000), unless the applicant demonstrates to the Department's satisfaction that the project provides unique possibilities for significant environmental benefits to the State.
(6) Studies not associated with technically feasible projects funded by the Environmental Water Fund may be considered for funding if the applicant demonstrates to the Department's satisfaction that the study provides unique possibilities for significant environmental benefits to the State by advancing our knowledge and understanding of a problem and its solution, and that a resource of statewide significance is in jeopardy and completion of the proposed study is a critical initial step in restoration or enhancement of the resource.
(b) Projects with one or more of the following features may be given priority for funding:
(1) The project is at an advanced stage in the planning process;
(2) The project represents advancement of an overall enhancement or restoration goal of statewide or regional interest.
(c) Application Procedure
(1) Applications shall be submitted to the Department no later than June 30 of each year for consideration for funding in the following fiscal year.
(2) The Department may also solicit applications at any time.
(3) Each application shall include or be accompanied by the following information:
(A) A detailed project description
(B) a detailed description of project benefits
(C) maps of project area, marked with locations of the project components;
(D) a description and determination of technical feasibility and methods to be used, with certification from a California Registered Engineer;
(E) copies of any project feasibility studies that have been prepared for the project;
(F) a detailed schedule for the completion of the proposed project;
(G) an outline of total project costs, including, where applicable:
(i) capital costs, and costs of labor, material, and equipment,
(ii) land acquisition costs,
(iii) planning-related costs
(iv) costs for mitigation if required in order to implement the project, and
(v) an estimate of any long-term operation and maintenance costs associated with the project;
(H) a description of the source and amount of matching funds;
(I) environmental documentation and permits that are required, or a statement pursuant to Section 449.3 (c) if environmental documentation is incomplete;
(J) a detailed justification for any application requesting funding for more than $1,000,000 (one million dollars) per single project. The justification should clearly detail the significant environmental benefits to the State and show that other funds are not available that could reduce the amount requested from the Environmental Water Fund; and
(K) any other information necessary to evaluate the project's eligibility and technical feasibility.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929.11, 12929.26, 12929.41, 12929.43 and 12929.45, Water Code. 
  
 


s 449.6. Water Quality Program.
 (a) Projects must involve activities described in Sections 12929.30 and 12929.31 of the Act.
(b) Applications shall be submitted no later than June 30 for consideration for funding in the following fiscal year.
(c) The Department may also solicit applications at any time.
(d) Each application shall include or be accompanied by the following information:
(1) a detailed description of the project or study;
(2) a detailed description of the benefits to be provided by the project or study;
(3) maps of project or study area, marked with locations of the project components;
(4) a description and determination of the project's technical feasibility and methods to be used;
(5) a detailed outline of costs of the project or study;
(6) a description of source and amount of matching fund sources;
(7) environmental documentation and permits that are required, or a statement pursuant to Section 449.3(c) if environmental documentation is incomplete;
(8) a detailed schedule for the completion of the proposed project or study;
(9) copies of any project feasibility studies that have been prepared for the project;
(10) any other information necessary to evaluate the eligibility and technical feasibility of the study or project.
 
  Note:    Authority cited: Section 12929.44, Water Code. References:  Sections 12929.30, 12929.31, 12929.41, 12929.43 and 12929.45, Water Code. 
  
 


s 449.7. Department Review.
 (a) The Department shall evaluate each application for preliminary eligibility based on the applicant's description of the project, program, or study, and financial and cost information provided. The Department will notify the applicant of the applicant's preliminary eligibility status.
(b) A Technical Review Committee (TRC) shall be established by the Department to evaluate the project or study and to make recommendations to the Department.
(c) The TRC shall be composed of Department representatives, representatives of the Department of Fish and Game, and other state and federal representatives, as determined by the Department.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929.11, 12929.20, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31, 12929.40 and 12929.45, Water Code. 
  
 


s 449.8. Public Review.
 (a) After the Department notifies an applicant of the proposed project's preliminary eligibility, the applicant shall hold one or more public meetings to describe the project to interested persons.
(b) If the applicant has already held a public meeting on the project, the Department may waive the requirement of subdivision (a).
(c) If the applicant changes any part of the project as a result of comments received from a public meeting, the applicant must submit those project changes to the Department for further review.
(d) Any comments received by the applicant during public comment shall be presented to the Department before the application shall be considered complete.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Section 12929.40, Water Code. 
  
 


s 449.9. Basis for Award of Funds.
The Department's decision to award funds to a program, project or study shall be based on the following factors:
(a) Whether the project, program, or study is consistent with the Act and regulations promulgated under the Act;
(b) the significance and scope of the environmental benefits provided;
(c) the technical feasibility of the project, program or study;
(d) availability of funds from the Environmental Water Fund; and
(e) the availability of alternative funding.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Sections 12929.11, 12929.14, 12929.15, 12929.20, 12929.21, 12929.22, 12929.23, 12929.24, 12929.26, 12929.30, 12929.31, 12929.41, 12929.42 and 12929.45, Water Code. 
  
 


s 449.10. Project Site Visitation.
 (a) Prior to entering into a contract, representatives of the Department may visit the project site to assess its conditions and needs, and then meet with project sponsors.
(b) After entering into a contract and during planning and construction or after project completion, the Department may inspect the project site at any reasonable time to ensure that the project is being carried out in accordance with the project described in the application and as described under the contract.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Section 12929.45, Water Code. 
  
 


s 449.11. Commitment of Funds and Final Report.
 (a) After a project, program or study has been approved for funding by the Department Director, a letter of commitment will be sent to the applicant, stating that the application has been approved for funding.
(b) The interest rate for a loan shall be stated in the letter of commitment.
 (c) If a contract is not signed within three months after the commitment letter is sent to the applicant, the Department may withdraw or revise the letter of commitment.
(d) Upon completion of the project, the applicant shall submit a written report of the project to the Department. The report should include photographs of restoration or enhancement activities and techniques.
 
  Note:    Authority cited: Section 12929.44, Water Code. Reference:  Section 12929.45, Water Code. 
  
 


s 450.1. Definitions.
The words used in this subchapter have the meanings set forth below:
(a) "Bond law" means the Water Conservation and Water Quality Bond Law of 1986 as set forth in chapter 6.1 of division 7 of the Water Code (commencing at section 13450), and the Water Conservation Bond Law of 1988 as set forth in chapter 4.7 of part 6 of division 6 of the Water Code (commencing at section 12879) and Local Projects, under the Safe, Clean, Reliable Water Supply Act, set forth in Article 4 of Chapter 6, Division 24 of the Water Code (commencing with section78680).
(b) "Applicant" means a public local agency or public agency as defined in the bond law which files an application for funding under the provisions of the bond law with the Department of Water Resources.
(c) "Ground water recharge project" means a project involving capital outlay expenditures to construct, expand, renovate or restructure land and facilities for artificial ground water recharge or in-lieu recharge, and may include the purchase of land or easements, but not the purchase of surface waters for use in lieu of pumping groundwater.
(d) "Water conservation project" means a project consisting of voluntary, cost-effective capital outlay water conservation programs as defined in the bond law.
(e) "Water supply project" means any canal, dam, reservoir, groundwater extraction facility or other construction or improvement, including rehabilitation of a dam for water supply purposes, by a local agency for the diversion, storage or distribution of water which will remedy existing water supply problems. This includes any such project for the storage or distribution of reclaimed water for reuse.
(f) "Local Project" means a project as defined in section 78680.4(b) of the water code.
(g) "Eligible project costs" means costs associated with (c), (d), (e), and  (f), above that may be paid out of the proceeds of a loan made under the bond law. It includes the reasonable costs of engineering, land and easement acquisition, legal fees, preparation of the application to establish eligibility, preparation of environmental documentation, environmental mitigation, and construction. Costs incurred prior to applying for or entering into a contract for funding, including costs for a feasibility study, may be reimbursed from the loan proceeds at the Department's discretion.
Costs which are not eligible include:
(1) operation and maintenance costs,
(2) purchase of movable equipment not an integral part of the project,
(3) establishing a reserve fund,
(4) purchase of water supplies, and
(5) payment of principal or interest of existing indebtedness or any interest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of funds by the Department;
(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and
(C) The purposes for which the debt is incurred are otherwise eligible project costs.
(h) "Hydrogeologic feasibility" means a determination by a registered geologist that water placed in the ground water recharge facility will percolate to the aquifer intended to be recharged, and that water quality of that aquifer is compatible with the recharge water. For an in-lieu ground water recharge project, hydrogeologic feasibility means a determination by a registered geologist that the proposed operation will result in recharge of the aquifer.
(i) "Economic justification" means that the primary economic benefits of the project exceed the primary costs of the project.
(j) "Net water savings" means savings achieved by reducing water losses from already developed primary water sources, such as surface storage reservoirs or ground water.
(k) "Environmental documentation" means written documents prepared and filed in accordance with the California Environmental Quality Act (division 13, Public Resources Code commencing with section 21000), the State CEQA Guidelines (title 14, section 15000, et seq.), the National Environmental Policy Act (title 42, United States Code, commencing with section 4321), and all applicable regulations.
(l) "Engineering feasibility" means that the proposed project can be designed, constructed and operated to accomplish the purposes for which it is planned, and is planned in accordance with generally accepted engineering and environmental principles and concepts. Hydrologic studies and information on water rights and the sufficiency of water supply are essential to the determination of engineering feasibility.
(m) "Financial feasibility" means a determination by the Department that the applicant can complete the project, or feasibility study with the amount of funds requested in the funding application, and that the applicant has the ability to repay both the principal and interest on a loan over the designated repayment period. If the project or feasibility study cannot be completed within the amount of the funding requested, but the applicant can establish, to the department's satisfaction, that additional funds from other sources are available to complete the project or feasibility study and the applicant has the ability to repay all loans, whether from the Department or other sources; the Department may determine that the project, or feasibility study is financially feasible.
(n) "Overdraft" means that groundwater is being extracted from a basin at a projected long term average rate greater than the long term average recharge from natural and artificial sources, and that continuation of present water management practices would probably result in significant adverse overdraft related environmental, social and/or economic impacts.
(o) "Critical need" is the same as "urgency of need" and means physical and financial need for the project in the community. Physical need is determined by the general state of the water system, dependency on the water supply, water quality conditions and the availability of substitute supplies. Financial need is determined by the ability of an applicant to fund the project from other sources.
(p) "Water management program" means any formalized water management program, including relevant local land use, water management or general plans.
(q) "Statewide Interest" means the extent to which a project protects public or private property from damage, protects natural resources against loss or waste or fosters their conservation and proper use, or produces benefits that are disbursed generally throughout the community or project area.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2, 12879.5, 12879.6, 78680.4, 78680.10, 78680.12 and 78680.14, Water Code. 
  
 


s 450.2. Application for Funding for Construction Loans.
Applicants for a construction loan under the Bond law shall file an application as provided by the Department. A complete application shall contain the following information:
(1) A description of the project, with illustrations or maps showing project features as appropriate to the type of project, signed by a civil engineer, registered pursuant to California law. For a ground water project, a geologist, registered pursuant to California law, must also sign.
(2) Information demonstrating the engineering feasibility of the project.
(3) Information regarding the economic justification for the project, including a discussion of the least costly alternative to the proposed project which will produce similar results and is engineeringly, financially, and environmentally feasible.
(4) Information regarding critical need for the project.
(5) For ground water recharge projects and in-lieu recharge projects, information regarding the hydrogeologic feasibility of the project and the amount of net overdraft reduction that should result from the project.
(6) For water conservation projects, schematic drawings of water routings before and after the project, showing the effect of the project on diversions, deliveries to customers, evaporation, transpiration, deep percolation and surface drainage, as well as information regarding the net water savings to be derived as a result of the project. This includes identifying the source of the water to be conserved and the use proposed to be made of the conserved water.
(7) For water supply projects and local projects, a description of the existing water supply problems and how the proposed project will remedy them, the source of the water supply proposed to be developed, the proposed use to be made of the developed water supply, and the nature and extent of statewide interest in the project.
(8) Copies of any studies previously prepared for the project.
(9) A statement describing the availability of all water supplies needed for the life of the project, and the water rights the applicant has for the project, addressing the type and duration of those rights.
(10) A timetable for project completion.
(11) An estimated total cost of the project, showing details of eligible project costs.
(12) The amount of the State loan requested; the sources and amounts of other funds to be applied toward the project; the proposed loan term, not to exceed 20 years; the proposed method of loan repayment; and other information regarding the financial feasibility of the project.
(13) Information regarding the financial status of the applicant, including it's ability to repay a loan.
(14) Citations of the applicant's statutory enabling laws, and authority to contract with the State for a loan of the proposed type and duration, including a brief description of the procedural steps required by the applicant's enabling laws to contract with the State for a loan.
(15) A resolution of the applicant's governing body authorizing a designated representative to submit the application.
(16) All environmental documentation available at the time the application is filed, together with a plan and schedule for completing all other required environmental documentation and a disclosure of any anticipated problems.
(17) A disclosure of all known public support and opposition to the project at the time of application. This includes the comments of all interested individuals in the area impacted by the project and not solely of the beneficiaries of the project.
(18) A statement regarding whether there is a water management program in the area impacted by the project, and if so, how the proposed project fits within it.
(19) A statement listing all relevant local land use or general plans, and describing how the proposed project fits within those plans.
(20) A list of all permits that will be required for the project, together with a plan and schedule for obtaining those permits and a disclosure of any anticipated problems.
(21) Additional Documentation. During the administration of this program and the evaluation of applications, additional engineering, technical, financial, economic, hydrologic, geologic, soil and water quality, environmental, water rights, and legal analyses and justification may be required by the Department.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2, 12879.4, 12879.5, 12879.6, 78680.8, 78680.12 and 78680.14, Water Code, Section 21150, Public Resources Code. 
  
 


s 450.3. Feasibility Studies.
The feasibility studies to be funded under this provision are studies conducted and reports prepared to determine the engineering, hydrogeologic, environmental, economic and financial feasibility of a proposed water conservation, ground water recharge, water supply project, dam or reservoir. Feasibility study results will provide the information needed to develop a complete construction loan application. A feasibility study shall include an Environmental Impact Report prepared pursuant to Division 13 of the Public Resources Code, commencing with Section 21000. Applications for feasibility study funding shall be filed as required by the Department and shall contain any of the information listed in section 450.2 that is required by the Department. The Department shall determine which applicants will receive feasibility study funding based upon a preliminary review of the soundness of their proposed project, the financial resources available to the applicant, the potential economic justification and critical need for the proposed project, the likelihood that construction of the project will be funded, and the amount of funds available for feasibility study loans and grants.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.5(h), 12879.6(e), 78680.4, 78680.10, 78680.12 and 78680.14, Water Code. 
  
 


s 450.4. Application for Land Acquisition Loans for Local Projects.
Land Acquisition is a component of an eligible Project pursuant to Water Code Sections 78680.4(b), 78680.12 and 78680.14. The Department may make loans to public agencies for acquisition of interest in lands that are necessary for, and a part of a single local project. Application for such funding shall contain any of the information listed in section 450.2 that is required by the Department.
 
  Note: Authority cited: Section 78680.20, Water Code. Reference: Sections 78680.4(b), 78680.12 and 78680.14, Water Code. 
  
 


s 450.5. Priority List.
 (a) The Department shall establish and maintain separate priority lists of construction projects, for the following: 1) water conservation projects; 2) groundwater recharge projects; 3) water supply projects; and 4) local projects. Construction loans of up to $5,000,000 per project shall be offered to applicants for each project in priority list order, as funds are available. The Department shall prepare new priority lists at least every two years until all available funds are committed, and may do so more frequently. When a new priority list is established, the previous priority list is superceded. Unless funds have been submitted in writing to a project on the superceded priority list, all projects on the superceded list shall be given priority for funding in accordance with the new priority list, and new or updated applications for those projects may be required by the Department.
(b) Priority Criteria for Eligible Groundwater Recharge Construction Projects. Projects will be ranked in priority order for construction loan funding on the basis of the following criteria. The relative weight to be given each criterion is expressed as a percentage:
(1) Economic justification, 25 percent.
(2) Overdraft reduction and alleviation of related problems, such as subsidence, saltwater intrusion or other water quality problems, 20 percent.
(3) Engineering and hydrogeologic feasibility, 35 percent.
(4) Critical need for the project in the community, 15 percent.
(5) Consistency with water management programs, 5 percent. Consideration may also be given to whether the applicable after management program or plans are current, complete, recognize the best water conservation practices, enjoy community support, and are being followed.
(c) Priority Criteria for Water Conservation Construction Projects. Projects will be ranked in priority order for construction loan funding on the basis of the following criteria. The relative weight to be given each criterion is expressed as a percentage:
(1) Cost Effectiveness, 50 percent. In assessing cost effectiveness, consideration will be given to both primary and secondary costs and benefits.
(2) Net water savings, 30 percent. In evaluating net water savings, the Department may consider impacts resulting from possible loss of use of water by any downstream user or for fish, wildlife or recreational purposes.
(3) Engineering and hydrologic feasibility, 20 percent.
(d) Priority Criteria for Water Supply Projects and Local Projects. Projects will be ranked in priority order on the basis of the following criteria. The relative weight to be given each criterion is expressed as a percentage:
(1) Cost effectiveness and economic justification, 50 percent. In assessing cost effectiveness, consideration will be given to both primary and secondary costs and benefits.
(2) Nature and extent of statewide interest in the proposed project, 10 percent.
(3) Engineering, hydrologic and/or hydrogeologic feasibility, 20 percent.
(4) Urgency of the need for the project in the community, 20 percent. In assessing the urgency of the need consideration will be given to the critical need for and financial feasibility of the project.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2(h), 12879.5(c) and (e), 12879.6(c) and (d), 78680.12 and 78680.14, Water Code. 
  
 


s 450.6. Contract Requirements.
 (a) The following requirements apply to funding contracts:
(1) All applicable environmental documentation must be completed prior to entering into a contract.
(2) The Department may enter into a contract before the applicant has obtained all applicable permits, but may not disburse any funds to be used for land acquisition and/or project construction until the applicant has complied with all applicable federal, state and local laws, rules and regulations, and obtained all required permits.
(3) Applicants for all projects impacting a domestic water supply must have the project approved in writing by the State Department of Health Services before a construction contract can be executed.
(4) If a contract is not signed by the applicant within six months after the Department transmits a letter of commitment of funds, the letter of commitment may be withdrawn or revised.
(5) The Department may, at its discretion, require that final plans and specifications, certified by a registered civil engineer, be submitted to it for approval prior to execution of a construction loan contract.
(6) The term of the loan shall be as short as possible considering the ability of the applicant to repay the loan.
(b) In addition to the requirements listed in Water Code section 12879.4(c) and 78680.12, the funding contract shall include all of the following terms and conditions that are applicable:
(1) The estimated cost of the project or feasibility study.
(2) An agreement by the Department to loan or grant the applicant an amount which equals the portion of the costs of the project or feasibility study, found by the Department to be eligible for State funding. The agreement may provide for disbursement of funds during the progress of the project or feasibility study, or following completion of the project or feasibility study, as agreed by the parties. The agreement may allow the Department to withhold up to 10 percent of the loan or grant proceeds until the project or feasibility study is completed.
(3) If the entire project or feasibility study is not being funded under this Bond law, the Department shall include a provision requiring the applicant to share in the cost of the project or feasibility study or obtain funding from other sources. This provision shall provide that no State funds shall be disbursed until the applicant demonstrates acquisition of sufficient funds to complete the project or feasibility study. It may also provide that no State funds shall be disbursed until all amounts of other funds have been exhausted.
(4) An agreement by the applicant to commence operation of the project upon completion thereof, and to properly operate and maintain the project in accordance with the applicable provisions of law.
(5) An agreement by the applicant to repay the state, over a period not to exceed the useful life of the project or 20 years, whichever is shorter, or, in the case of a feasibility study, over a period not to exceed five years, all of the following:
(A) The amount of the loan.
(B) The administrative fee, if applicable, and
(C) Interest on the principal (the amount of the loan funds disbursed plus the applicable administrative fee).
(6) An agreement to provide security for repayment of the loan, as deemed appropriate by the Department.
(7) An agreement to retain a fiscal agent and make deposits with that fiscal agent to assure that sufficient funds will be available for the fiscal agent to transmit semiannual payments of principal and interest to the State when due. The services of the fiscal agent shall continue until the loan has been fully repaid. The applicant may employ the services of its county controller or treasurer as fiscal agent.
(8) Unless otherwise approved by the Department, a reserve of at least two semiannual payments shall be accumulated and deposited with the fiscal agent during the first ten years of the loan repayment period. At least half of the required reserve balance shall be on deposit by the end of the first five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(9) An agreement to use the competitive bidding process for all construction, materials, and equipment contracts exceeding $20,000 unless an exception in writing has been obtained from the Department. An applicant seeking a waiver of the contractual competitive bidding requirement shall make a written request to the Department, in advance of the bidding process, which sets forth the reasons for the request and demonstrates that no statute or ordinance imposing competitive bidding requirements will be violated if the waiver is granted. In addition, applicants shall obtain  the written consent of the Department before using the services of their own employees to perform engineering or construction work on the project.
(10) An agreement by the applicant, where the local project has as one of its components land acquisition, to comply with Water Code Section 78680.16.
(11) An agreement that funds retained pending completion of project items and contracts shall not be disbursed until the Department has received written certification by a registered engineer that the specific item or contract has been completed in accordance with the plans and specifications.
(c) The funding contract may include any of the following terms and conditions, as appropriate:
(1) An agreement by the applicant to adopt a fee structure which provides for the proper maintenance and operation of the project and includes a sinking fund for repair and replacement of the facilities.
(2) Any other terms determined to be appropriate by the Department.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4, 12879.5(h), 12879.6(e), 78680.12, 78680.14 and 78680.16, Water Code, Section 21150, Public Resources Code. 
  
 


s 450.7. Public Meeting or Election on Project Loan Debt.
 (a) A public meeting or, if required by the applicants governing law, an election on the proposed project loan debt must be held by the applicant before entering into the funding contract, unless the contract is for a feasibility study loan or grant. A meeting or the required election shall be conducted after the Department has notified the applicant of its ranking within the fundable range of the priority list, but before the loan contract is executed. The purpose of the public meeting shall be to inform the ratepayers of the project and to provide a forum for public comment on the means of financing the project. This public meeting may be combined with another public meeting which the applicant must hold on the project.
(b) Before conducting a public meeting on the project debt, the applicant shall:
(1) Establish a date for the meeting agreeable to the Department.
(2) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated audience.
(3) Notify the Department in writing at least thirty calendar days before the meeting, and provide reasonable notification to the public and the local news media at least fifteen calendar days before the meeting. The notice shall state: the date, time, location and purpose of the meeting and the location where information describing the project may be reviewed.
(4) At least fifteen days before the meeting, make available information describing the project in a form and location that will enable the public to review it and to make comments.
Within thirty days following the meeting or election, the applicant shall submit a written report to the Department describing the meeting including an assessment of support and opposition to the project.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4(c)(5) and 78680.12(c), Water Code. 
  
 


s 450.8. Final Plans and Specifications.
Each construction project shall be defined by final plans and specifications. Before commencing construction, each agency having executed a contract for a construction loan shall provide to the Department a certification from a civil engineer, registered pursuant to California law, that detailed plans and specifications have been completed in accordance with the executed contract. The agency shall not commence construction before notifying the Department in writing of the date construction is to begin.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4 and 78680.12(b), Water Code. 
  
 


s 450.9. Certification of Completion.
 (a) Upon completion of the project, the agency shall provide certification by a civil engineer, registered pursuant to California law, that the project has been completed in accordance with the plans and specifications and any modifications thereto in accordance with the executed contract, as amended.
(b) The agency shall be responsible for maintaining as-built plans and specifications until the loan is repaid to the State.
 
  Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4 and 78680.20, Water Code. 
  
 


s 451.1. Definitions.
The words used in this subchapter have the meanings set forth below:
(a) "Bioengineering" is the use of horticultural and landscape planting techniques with living materials, in conjunction with grading, earth moving and conventional soil stabilization structures, to produce a self-repairing, low-cost composite bank or channel.
(b) "Citizens' Group" is an organization of the public which has no official governmental status, including but not limited to clubs, societies, neighborhood organizations, advisory councils, and non-profit local community conservation corps and other non-profit organizations.
(c) "Co-sponsor" means a local agency involved in planning, flood control or waterway management or an individual or citizens' group interested in floodplain management and stream restoration which, jointly with the sponsor, supports and actively participates in a project. There may be more than one co-sponsor for a single project. If the sponsor is a local agency, at least one co-sponsor must be a citizens' group and vice-versa.
(d) "Department" means the California Department of Water Resources.
(e) "Eligible project costs" means reasonable costs associated with carrying out a project as described in section 451.3, including the reasonable costs of organizing community and/or volunteer groups, engineering, land and easement acquisition, legal fees, preparation of the application for funding, preparation of environmental documentation, environmental mitigation, and construction. Costs incurred prior to applying for or entering into a contract for grant funding may be reimbursed at the Department's discretion. Costs that are not eligible include regular operation and maintenance costs, and costs for the purchase of movable equipment not an integral part of the project.
(f) "Endorse" or "Endorser" means a group or individual who expresses written support for a grant application and may or may not have a commitment to actively participate.
(g) "Enhancement" means the process of improving upon current conditions, and may be used to describe a program that would result in a channel gaining desired features, while considering conditions for fish and wildlife. It is distinguishable from "restoration" in that it does not imply merely a return to natural conditions, but may include the provision of recreation or other features that were not part of the natural channel.
(h) "Flood mitigation measures" refers to selective removal of excess sediment or debris deposited during a flood event which is likely to deflect or restrict flows and increase flooding or erosion in the future, bioengineering projects to restore streambanks damaged during flood events, and revegetation efforts to improve the fluvialgeomorphology of streams.
(i) "Local Agency" means any political subdivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, local community conservation corps agency, or council of governments.
(j) "Local Community Conservation Corps" is a non-profit benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operated by a city, or city and county, which is certified by the California Conservation Corps under Section 14507.5 of the Public Resources Code. These organizations may also be referred to as local urban conservation corps or local conservation corps to avoid confusion with the California Conservation Corps.
(k) "Nonstructural" refers to measures which solve flooding or erosion problems without physically changing the dimensions of a waterway. This may include floodplain zoning, land acquisition, flood insurance, watershed management, debris removal, and floodproofing of existing structures by elevating or building a berm around them, but does not include constructing storage reservoirs or lining channels.
(l ) "Restore" means to reproduce and reestablish the physical and biological characteristics of a natural channel which would occur at a given location under the current climatic, geologic and hydrologic conditions. Either a natural channel that has been damaged or a channel that has been modified by human efforts can be restored.
(m) "Sponsor" means a local agency involved in planning, flood control or waterway management or an individual or citizens' group interested in floodplain management and stream restoration. which is acting as the principal party making the grant application and which will have primary responsibility for executing the contract, submitting the invoices and receiving reimbursements.
(n) "Stable" and "stabilize" refer to the state or process of bringing a channel to a condition of equilibrium in which the dimensions and gradient are appropriately matched to the watershed and the runoff of water and sediment, with the objective to have a self-maintaining system.
(o) "Stream clearance" refers to removal of garbage, junk and excessive vegetation to allow for more effective geomorphic functioning of the stream, so that there is neither excessive deposition or excessive erosion, while maintaining suitable vegetation and woody debris to provide aquatic and riparian habitat.
 
  Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code. 
  
 


s 451.2. Program Purposes.
 (a) The Urban Creek Restoration Program is intended to protect, restore, and enhance urban creek channels by combining effective, low-cost flood control with preservation and enhancement of the natural environment. Its purpose is to reduce flooding and erosion in ways which restore the ecological viability of creek environments located in predominantly urban areas, thereby enhancing aesthetic, recreational, and fish and wildlife values.
(b) Urban creek protection, restoration and enhancement are best undertaken at the local level by a combination of local agencies and citizens' groups. Local agencies and citizens' groups have the greatest incentive to make the projects successful. Community participation reduces the cost of the projects and fosters long-term community commitment to maintenance of the projects and affected streams. The Urban Creek Restoration Program is designed to provide assistance from the State to the local effort.
(c) The Urban Creek Restoration Program is designed to contribute to the long-term enhancement and restoration of natural stream corridors in the State of California by encouraging projects which contribute to the education of the public in methods of stream restoration or stream corridor management and develop new techniques and innovative technologies in the field of stream restoration.
 
  Note:    Authority cited: Section 7048, Water Code. Reference: Section 7048, Water Code, Sections 5907(e)(3) and 5919, Public Resources Code. 
  
 


s 451.3. Types of Projects for Which Assistance Is Available.
Planning and financial assistance will be available for projects designed to accomplish one or more of the objectives listed below:
(a) Projects designed to organize and/or supervise volunteer labor to clear debris from stream channels and perform erosion control and bank stabilization work.
(b) Projects designed to develop and implement stream restoration plans.
(c) Projects designed to use bioengineering techniques to install plant materials, rock, netting, mulch, wood fencing, irrigation or drainage systems necessary to control erosion or stabilize banks.
(d) Projects designed to remove culverts or storm drains as needed to stabilize and restore channels or accomplish flood control objectives.
(e) Projects designed to carry out nonstructural flood control actions that contribute to the goal to protect, restore and enhance natural stream environments, including the acquisition of land, and the elevation, relocation and/or floodproofing of structures.
(f) Projects that utilize local community conservation corps and other nonprofit corporations for local stream clearance, flood mitigation and cleanup activities.
 
  Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code. 
  
 


s 451.4. Applications for Financial Assistance.
 (a) Grant funding in an amount not to exceed $1 million per project shall be available for eligible project costs associated with projects described in section 451.3 above. Assistance may be given under the Urban Creek Restoration Program to projects which involve the assistance or participation of Federal or State agencies, so long as those projects are sponsored by at least one local agency and at least one citizens' group.
(b) The Department shall conduct periodic grant application cycles based upon availability of funding and the existing pool of projects approved for funding. For each grant application cycle, the Department shall notify the public that financial assistance is available. Applications for funding shall be due 75 days after mailing of the notice. When funding constraints require a streamlined application cycle, the notice shall so state and applications for funding shall be due 30 days after mailing of the notice. Applications may be made for projects to be implemented in phases. The Department may require a new application for funding for each phase of a project, and may re-evaluate the project during each successive application cycle. Unfunded applications from a previous cycle may, at the discretion of the Department, be carried over for consideration in the next application cycle.
(c) Applicants for financial assistance shall file a written application. A complete application shall include, but not be limited to, the following information:
(1) A cover sheet identifying all sponsors, co-sponsors, the program manager and any endorsers of the project, and providing information regarding the sponsor's legal authority to submit the application. Attached to the cover sheet shall be a map showing the location of and access to the proposed project site.
(2) A summary statement describing the purpose of the project proposal. The summary statement shall address how the project or plan proposes to meet the program objectives set forth in sections 451.2 and 451.3 above and fits within the goals of California Water Code section 7048, and whether the grant will assist in planning or implementation of a creek restoration project, or both.
(3) A description of the stream restoration or watershed management techniques the applicant proposes to use.
(4) A description of the project's relationship to other flood control projects, which states whether the proposed project and/or plan supplements or would be in lieu of a local or cooperative local-federal flood control project, and whether it is consistent with applicable local land use, water management and/or general plans. If there is any relationship between the proposed project and other flood control projects, the description shall identify the agencies and organizations involved and summarize the plans and features of the other projects.
(5) A description of the proposed project's use of public participation in planning, design or implementation of the project.
(6) A description of the educational benefits to be derived by the public and any technical advances or demonstrations of new methods of stream restoration or stream corridor management the project may provide. This should include a description of the photographs, charts, videotapes, reports, or other material the applicant plans to develop to illustrate the methods used and the results obtained by the project. At the completion of the project, copies of these materials are to be submitted to the Department of Water Resources, which shall make them available to the public upon request and payment of its reasonable reproduction costs.
(7) A description of plans for long-term management or maintenance of the stream which the project will affect.
(8) A disclosure of other options available to the applicant to carry out the proposed project if the Urban Creek Restoration Program is unable to provide full funding, including other potential funding sources. The applicant shall identify the priority set by the applicant on various project components, to be used in the event partial funding is provided.
(9) A description of all anticipated local contributions to defray the cost of the project, which may include financing, materials, paid or volunteer labor, administrative services, rights-of-way, easements, equipment or landfill fees.
(10) A project budget reflecting all costs associated with the project, and designating specifically costs to be covered by the grant request, costs to be covered by local contributions and costs to be covered by any other source. The budget should quantify costs for planning and design, ground area of restoration work, labor, material and equipment requirements, and display the total project budget in relation to the total amount of the grant request.
(11) A project schedule designating anticipated start and finish dates, and highlighting any times or components which are contingent upon the actions of other entities.
(12) During the administration of this program and the evaluation of applications, additional technical, financial, hydrologic, bioengineering, soil and water quality, environmental, water rights, legal analyses and justifications, and other relevant information may be required by the Department.
 
  Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code. 
  
 


s 451.5. Priority for Financial Assistance.
 (a) For each application cycle, the Department shall establish a priority list pursuant to the requirements of Water Code section 7048(c), after considering the recommendations of an interdisciplinary team comprised of technical experts from the Department of Water Resources and a representative of the Department of Fish and Game, and based upon the following criteria.
(1) Is the project designed to relieve the magnitude or severity of flooding and/or to protect property and resources from bank failure?
(2) Is the project planned in conjunction with or in lieu of local flood control projects, and would it result in implementation of more environmentally sensitive flood management approaches than would otherwise be implemented? (Note: Any project that directly conflicts with federally authorized and funded flood control projects shall not be funded under this program without the consent of the Director.)
(3) Does the project use cost effective, low maintenance bioengineering techniques for flood damage reduction while protecting, restoring and enhancing natural environmental values?
(4) Does the project restore culverted or channelized segments to a condition which optimizes fish passage conditions in fish bearing streams and the natural, recreational, and aesthetic values of the stream consistent with flood control objectives?
(5) Does the project incorporate non-structural methods to reduce urban flooding and erosion and maintain or improve environmental and social benefits.
(6) Does the project incorporate riparian restoration techniques that improve habitat for fish and wildlife?
(7) Does the project enhance aesthetic, recreational and economic values?
(8) Does the project enjoy broad based public and institutional support?
(9) Does the project incorporate significant participation of local agencies and citizens' groups in project planning, design or implementation? Do the sponsors share in the project costs by providing funds or in kind contributions (i.e. administrative/technical services, labor, materials, equipment)?
(10) Does the project provide for collection and distribution of information of value to the public regarding either the community involvement or technical aspects of natural stream restoration?
(11) Is the project consistent with all relevant local land use, water management or general plans?
(12) Is the project important as an innovation or unprecedented departure in the field of stream restoration?
(13) Is the project of value to the general public?
(14) Is there a particular need for timely action on this project?
(15) Are other funding sources available to the applicant? Is the Department the only likely funding source for this project? Will providing this grant allow implementation of a larger, collaborative, multiobjective project?
(16) Is there a need for continuity and final implementation of plans previously funded by the Program?
(b) Applications reviewed shall be considered for partial funding to increase the number of projects that may be funded. The Department may allocate funds for a project in an amount less than the amount requested in the application. The Department shall also consider the location and size of proposed projects to provide for a reasonable geographic distribution of projects and a balance between small and large projects. The Department will coordinate with CALFED to ensure projects funded are not in conflict the CALFED goals and objectives.
(c) The priority list shall consist of all projects for which funds are allocated in a given application cycle. The Department may establish a reserve list of projects to which funds may be allocated if applicants on the priority list decline grants, abandon their projects, or otherwise fail to use the entire amount of funds allocated to them. The Department may establish an additional priority list from the remaining pool of qualified applicants if additional funds become available.
 
  Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code. 
  
 


s 451.6. Contract Requirements.
 (a) Prior to entering into a contract, representatives of the Department may visit the project site to assess its conditions and needs, and then meet with all the project sponsors, co-sponsors, endorsers, and any other local officials, agencies and/or organizations with an interest in the project to develop a work plan. The work plan shall reflect the specific schedule and components of the project, and incorporate recommendations made by the Department. The work plan shall be attached to and become a part of the contract between the Department and the applicant. The Department may require all individuals or organizations it believes to be integral to the effective completion and long-term maintenance of the project to endorse the work plan.
(b) The project sponsors must provide an opportunity for public comment, unless the Department waives this requirement for good cause. A public meeting held to adopt a resolution to support the project or accept a grant will satisfy this requirement. Grants that involve trash and debris clean up only may be exempted from the public comment requirement. A contract will be signed by the Department only after the sponsor provides copies of resolutions from the sponsor and all co-sponsors accepting the grant and authorizing specific individuals to sign the contract on the behalf of each.
(c) The Department may enter into a contract before the sponsors and/or co-sponsors have obtained all applicable permits, but may not disburse any funds to be used for project construction until the sponsors and/or co-sponsors have complied with all applicable federal, State and local laws, rules and regulations, and obtained all required permits.
(d) All applicable requirements of the California Environmental Quality Act  (California Public Resources Code sections 21000-21177) and applicable regulations shall be compiled with prior to entering into a contract.
(e) If a contract is not signed within six months of the date the priority list is approved, the grant may be withdrawn or revised.
(f) All contracts shall be signed by all the sponsors and co-sponsors. If the sponsor is a citizens' group that is not a non-profit corporation, it must designate a fiscal agent to act on it's behalf, and provide evidence that the fiscal agent agrees to so act.
(g) The contract shall require the sponsors and/or co-sponsors to submit a written report of the project to the Department upon completion. The report must include photographs of planning and restoration activities and techniques.
(h) The contract shall include, as part of the work .plan, a plan for the long-term management or maintenance of the stream which the project will affect.
(i) The Department may withhold up to 10 percent of the grant amount until the project and final report are complete to the Department's satisfaction.
(j) During planning and construction the Department may inspect the project at any reasonable time to ensure it is being carried out in accordance with the work plan, and after completion to ensure that it is being properly maintained.
 
  Note:    Authority cited: Section 7048, Water Code. Reference: Section 7048, Water Code, Sections 5907(e)(3), 5917, 5918 and 5919, Public Resources Code. 
  
 


s 455. Definitions.
The words used in this subchapter have the meanings provided in Water Code Sections 13857 and 13881 and set forth below:
(a) "Act" means the California Safe Drinking Water Bond Law of 1976 as set forth in Chapter 10.5, of Division 7 of the Water Code (commencing at Section 13850), and the California Safe Drinking Water Grant Program as set forth in Chapter 10.6 of Division 7 of the Water Code (commencing at Section 13880) and any amendments thereto.
(b) "Department of Health" means the State Department of Health Services.
(c) "Regularly supplies water to at least 25 individuals" as used in Section 13857(c) and13881(b) of the Act, means, when applied to a school, that a school must have an attendance of at least 25 students during a minimum school year of at least 175 days.
(d) "Community Water System" means a water system which serves at least 15 year-round residential service connections or regularly serves at least 25 year-round residents.
(e) "Applicant" means any person or entity applying for financial assistance under the Act.
(f) "Eligible Supplier" means a supplier eligible to apply for assistance under the Act and this subchapter.
(g) "Eligible Project" means a project for the construction, improvement, or rehabilitation of a domestic water system determined to be eligible under the Act and meeting the requirements of this subchapter.
(h) "Eligible Project Costs" means costs associated with (g) above, including the engineering, legal and administrative fees associated with the construction, and also including those reasonable costs incurred by the applicant to prepare the application and establish eligibility. Eligible Project Costs do not include:
(1) Operation and maintenance costs;
(2) Costs of providing water for industrial use;
(3) Purchase of equipment or payment of rentals. However, reasonable maintenance and depreciation allowances for equipment or machinery currently owned or acquired for project purposes by a supplier shall be allowed.
(4) Purchase of existing systems.
(5) Payment of principal or interest of existing indebtedness or any interest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of funds by the Department; and
(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and
(C) The costs for which the debt is incurred are otherwise eligible project costs.
(6) Establishment of a reserve fund.
(i) "Environmental Documentation" means written documentation prepared in accordance with the California Environmental Quality Act (Division 13, Public Resources Code commencing with Section 21000) and the State EIR Guidelines (Title 14, Division 6, Chapter 3, Register 78, No. 5). "Environmental Documentation" includes, but is not limited to Notices of Exemption, draft and final EIRs, Initial Studies, Negative Declarations, Notices of Completion and Notices of Determination (Title 14, Section 15026.5, Register No. 78, No. 5).
(j) "Eligible Domestic Water System" or "Eligible Community Water System" means the total water system for which an independent water permit has been issued by the Department of Health Services.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13857, 13861, 13868, 13881 and 13882, Water Code. 
  
 


s 456. Application Fee.
No application fee is required to accompany any request for financial assistance.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868, 13883 and 13892, Water Code. 
  
 


s 457. Administrative Fee.
Payment of an administrative fee for approved loans shall be required as authorized by Section 13862 of the Water Code. The administrative fee shall be paid by the supplier in the amount of 3 percent of the approved loan. The fee may be paid on the same terms and conditions to be used for repaying the amount of the loan.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Section 13862, Water Code. 
  
 


s 458. Environmental Fee.
 (a) In addition to any administrative fee, the Department may charge a reasonable fee where it prepares environmental documentation in accordance with the State EIR Guidelines (Title 14, Section 15053).
(b) The environmental fee shall be calculated and collected as set forth in the Department's Regulations for Implementation of the California Environmental Quality Act of 1970 (Title 23, Section 503).
 
  Note:   Authority cited: Section 21082, Public Resources Code; and  Section 13868, Water Code. Reference: Section 21089, Public Resources Code. 
  
 


s 459. Ability to Finance Determination.
The inability to reasonably finance project construction costs from other sources will be determined by the Department to have been established when the Department finds that all of the following conditions exist:
(a) Financial assistance from the Federal Government is not available on a timely basis commensurate with the need for the project.
(b) The applicant cannot market bonds or obtain loans at an interest rate which will not impose an unreasonable burden on the supplier or water consumer. Voter denial of a bond issue where voter approval is required to issue bonds does not in itself demonstrate inability to reasonably finance from other sources.
(c) The supplier has no other funds, or sources of funds available on reasonable terms, to finance the proposed project. The supplier shall finance that portion of the proposed project for which it is able to obtain funds on reasonable terms.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868, 13886 and 13889, Water Code. 
  
 


s 460. Eligible Project Determination.
An eligible project must meet the following criteria:
(a) The project is needed in order for the system to meet water quality standards specified in Title 17, California Administrative Code, Part 1, Chapter 5, Subchapter 1; or, the project is needed in order for the system to meet water quantity and pressure requirements of the Waterworks Standards, Title 17, California Administrative Code, Chapter 5, Group 1.1.
(b) The scope of the project is commensurate with the need of the existing community served. Reasonable allowance may be made for future water supply needs and additional capacity when excessive cost would be incurred by later enlargement.
(c) The project meets the needs of the community effectively and economically, and other means to meet the needs such as consolidation with adjacent water systems or development of alternative sources, are not reasonably available or economical.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13855, 13861, 13864, 13868, 13880, 13885 and 13886, Water Code. 
  
 


s 461. Application.
Applicants for a loan or grant under the Act shall file duplicate applications simultaneously with the Department of Water Resources and the Department of Health on a form provided by the Department of Water Resources. A complete application consists of the form provided by the Department and the supporting information required in Section 462. The specified supporting information must be attached to, or bound with, the application form.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868.5 and 13883, Water Code. 
  
 


s 462. Supporting Information.
Each application form filed shall be accompanied by the following supporting information. The purpose of the supporting information is to provide a basis for the Department of Health to place the applicant on the priority list and for the Department to determine the applicant's financial eligibility. The supporting information should be based on facts readily and reasonably available to the applicant.
(a) Description of the need for the project including information concerning system deficiencies.
(b) Description of proposed project and a sketch map showing project features and service areas. (Detailed plans need not be submitted with the application, but shall be required after the applicant becomes reachable on the priority list.)
(c) Estimated cost of the project and proposed timetable for project completion.
(d) The amount of financial assistance requested and amount of other financing available, such as from local, state or federal sources, internally generated funds, and the issue of bonds.
(e) Information demonstrating inability to reasonably finance the project or some portion of the project from other sources of funding.
(f) Provide such financial documents as needed to determine the ability to repay loan, including tax revenue, and a schedule for repayment.
(g) Description of measures undertaken, or that will be undertaken as part of proposed project, to reduce water consumption, such as use of water-saving devices, meters, etc.
(h) The basis for applicant's belief that an adequate supply of water is available. (Evidence that the applicant has a right to use the water required for the project must be submitted before any funds are disbursed.)
(i) (1) If the applicant is a public agency, state the form of the documentation that the applicant will use to satisfy the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 and following) and the State EIR Guidelines (Title 14, Division 6, Chapter 3, Register 78, No. 5). Appropriate documentation may consist of any of the following: a Notice of Exemption, a Negative Declaration supported by an Initial Study, or a final Environmental Impact Report. The applicant must provide the appropriate documentation before the Department will approve a loan or grant and execute a contract.
(2) If the applicant is not a public agency, state whether any public agency, other than the Department of Health Services has prepared, or will prepare the Environmental Documentation for the project. Environmental documentation must be prepared by the Department of Health Services as the Lead Agency, or another public agency, having authority over the project and acting as the Lead Agency, before the Department may approve the loan and execute a contract.
(j) Adopt a resolution by the governing body authorizing the supplier of water to enter into an agreement with the State and appointing representatives who can sign such agreement.
(k) Legal opinion as to the applicant's ability to contract with the State for a loan shall be supplied to the Department.
(l) A statement from applicant's Bond Counsel on salability of bonds, including interest rates, discounts, terms and associated costs.
(m) Provide your water rates and those for surrounding communities for the past three years.
(n) Indicate how the water users will be: (1) fully apprised of the project;  (2) offered an opportunity to comment on the desirability of the project; and (3) able to indicate their willingness to pay for the loan for the proposed project. (See Section 472.)
(o) Include other available information to aid in establishing priority of the project. (See Section 467.)
(p) Provide such other information as the Department or the Department of Health Services may require.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861, 13864, 13865, 13868, 13868.7, 13880, 13882, 13883, 13885 and 13886, Water Code; and Sections 21002(d), 21080.1-21080.4, 21081 and 21165-21166, Public Resources Code. 
  
 


s 463. Water Conservation.
An applicant must demonstrate that it is using or will agree to undertake all reasonable water conservation measures. Water conservation means the prudent and careful distribution and use of water to prevent waste, unreasonable use, or unreasonable method of use of water. It shall be the responsibility of the supplier to implement measures to accomplish such conservation so that the most beneficial use of water can be assured.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868 and 13892, Water Code. 
  
 


s 464. Notice to Applicants.
The Department shall notify the applicant, in writing, within 90 days of receipt of the completed application, of a determination of financial eligibility.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861, 13864, 13865, 13866, 13868, 13880, 13882, 13886 and 13889, Water Code. 
  
 


s 465. Priority List.
The Department of Health shall establish a priority list of eligible applicants that have met Department of Health eligibility criteria and shall determine the order of projects that have been found to be eligible for assistance based upon the information provided in the application and any other relevant supporting documents, information, or materials. This list shall be transmitted from time to time to the Department of Water Resources for an ability to finance determination.
 
  Note:   Authority cited: Section 13868 and 13892, Water Code. Reference:  Sections 13865, 13868.3 and 13887, Water Code. 
  
 


s 466. Priority List Procedures.
 (a) The Department of Health, with the advice of the Department, may at any time assign a project to a higher priority in case of an emergency when improvements are needed to enable a system to produce a safe water. All agencies affected by the change in priorities will be notified of the change by the Department of Health.
(b) The Department of Health shall revise the priority listing of suppliers at least annually after public notice and hearing and with the advice of the Department.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13865, 13868.3 and 13887, Water Code. 
  
 


s 467. Priority List Criteria.
The Department of Health shall use as a guide the following criteria in determining the priority of eligible projects (listed in decreasing priority):
(a) Health Considerations (listed in decreasing importance):
(1) Facilities necessary to comply with primary drinking water standards.
(2) Facilities necessary to comply with secondary drinking water standards.
(3) Facilities necessary to comply with other standards or regulations which have only a minimal relationship to the health of water users.
(b) Financial Considerations. Applications having a lesser capability to reasonably finance the proposed project through other means will receive a higher priority than competing projects.
(c) Special Considerations. In addition to the above criteria, the Department of Health may consider for priority list purposes, consolidation with adjacent water systems and the number of persons served by a system. Community water systems shall receive a higher priority than other competing applicants.
(d) Department considerations. For all other projects, the Department shall use the following priorities:
(1) First priority to projects which will serve existing urban and suburban areas and rural towns;
(2) Second priority to projects which will serve vacant and underutilized lands within existing developed areas;
(3) Third priority to projects which will serve contiguous new development.
(e) When public health hazards or immediate health problems justify the use of bond funds for projects not consistent with these priorities, the funds shall not be used to pay for additional capacity in excess of that needed to serve the existing population and the population that may reasonably be expected to occupy within ten years those lots that are presently subdivided but unimproved.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13865 and 13868.3, Water Code. 
  
 


s 468. Department of Health Notice to Applicants.
The Department of Health shall notify each applicant on the priority list, in writing, of its position on the priority list and shall inform the applicant when project plans shall be submitted for approval.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13865, 13868.3, 13868.5, 13886 and 13887, Water Code. 
  
 


s 469. Department of Health Approval.
The Department of Health approval of project plans required by Water Code Sections 13868.5 and 13886 shall be in writing.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868.5 and 13886, Water Code. 
  
 


s 470. Contract Provisions.
 (a) The following provisions apply to loan contracts and loan-grant contracts:
(1) Entities other than public agencies shall agree to provide security for repayment of the loan. This may include a provision for a lien on the domestic water system and associated facilities and improvements.
(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect principal and interest payments from the supplier and transmit them to the State when due. The services of the Fiscal Agent shall be continued until the loan has been fully repaid.
(3) The term of the loan shall be as short as possible considering the ability of the supplier and its customers to repay the loan. If the supplier is a regulated public utility and the impact of the loan on water rates would be significant, consideration may be given in setting the term of the loan to the estimated useful life of the plant to be financed with the loan proceeds.
(4) The contract shall provide for accumulation of necessary reserves to assure that funds will be available to make the semi-annual payments when due. A reserve of two semi-annual payments shall be accumulated during the first ten-year period for all repayment methods except those based on the quantity of water used, for which a reserve of four semi-annual payments shall be accumulated during the first ten years. Half of the required reserve balance shall be on deposit by the end of the first five years of the repayment period, and the full required reserve balance shall be on deposit by the end of the second five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(b) The following provisions shall apply to loan contracts, grant contracts, and loan and grant contracts:
(1) When the project costs exceed the loan, grant or loan-grant commitment, funds will not be disbursed until supplier demonstrates acquisition of sufficient funds to complete the project. Safe Drinking Water funds will not be disbursed until all other sources of funding are exhausted. If a supplier has received both a loan and a grant, loan funds shall be disbursed before grant funds.
(2) If a contract is not fully executed within one year after the Department transmits a letter of commitment of funds, the letter of commitment and associated contract may be withdrawn and the letter of commitment and contract renegotiated.
(3) The supplier shall use the competitive bidding process for all contracts exceeding $10,000 unless an exception in writing has been obtained from the Department.
(4) No funds will be disbursed pursuant to the contract until all conditions in the Department's letter of commitment and in the water permit issued by the Department of Health have been met.
(5) Funds withheld pending completion of project items and contracts will not be disbursed until the Department has received a certification that the specific item or contract has been completed in accordance with the plans and specifications approved by the Department of Health.
(6) The Department of Health will certify that the project has been completed in accordance with approved plans and specifications.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861 and 13882, Water Code. 
  
 


s 471. Petition for Review.
An unsuccessful applicant may petition the Department or the Department of Health for a review of an application that has been denied. The petition shall be filed within 30 days after the date of notification that the application has been denied and may include any information not previously submitted that would justify a reconsideration of the application.
 
  Note:   Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868, 13883 and 13892, Water Code. 
  
 


s 472. Project Feasibility Meeting.
 (a) To be eligible for disbursement of loan funds, the supplier must conduct a Project Feasibility Meeting to inform the public of the purposes of the proposed project and to provide a forum for public comment on the need for the project and means of financing the project. A Project Feasibility Meeting is not required if the water supplier is required by law to hold an election before entering into the loan contract. For investor-owned water companies, the meeting or hearing held by the Public Utilities Commission may serve as the Project Feasibility Meeting.
(b) Before a Project Feasibility Meeting, the water supplier shall
(1) Assemble information describing the project in a form and location that will enable the water users to review it and to make appropriate comments.
(2) Establish a date for the meeting agreeable to the Department and Department of Health.
(3) Notify the Department, the Department of Health, and appropriate county health agencies in writing at least 20 calendar days before the meeting and notify all water users and the local news media in writing at least 15 calendar days before the meeting. The notice shall state: the date, time, location, and purpose of the meeting and the location of information describing the project for review by the water users. Sample notice forms may be obtained from the Department.
(4) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated participants.
(c) The agenda of the meeting shall include the following matters:
(1) A discussion of applicable health and water works standards, existing and potential health hazards associated with the water system, how the proposed project will bring the system to minimum health standards, and alternative solutions to the problem.
(2) The supplier shall describe the proposed project in detail, using map, charts, etc. The discussion shall include the costs, sources of funds, how much the loan/grant will be, and increased water costs resulting from the loan.
(3) A representative of the Department may describe the Act, the Department's role in its administration and the Department's recommendation regarding the supplier's loan application. Persons present at the meeting shall be permitted to ask questions regarding all subjects discussed at the meeting.
(d) If no representative of the Department is present at the meeting, the supplier shall submit a written report to the Department describing the meeting and its outcome including the results of any vote taken.
 
  Note:   Authority cited: Section 13868, Water Code. Reference: Section 13868, Water Code. 
  
 


s 473. Grants Priority.
The supplier must be listed on the Department of Health Services Safe Drinking Water Bond Law Loan Priority List before an application will be processed. In addition to the criteria set forth in Water Code Section 13887, the criteria listed in Section 467 governing priorities for loans shall govern priority for grants.
 
  Note:   Authority cited: Section 13892, Water Code. Reference: Sections 13868.3 and 13887, Water Code. 
  
 


s 474. Grant Applications and Legislative Report.
Applications shall be made as follows:
(a) An applicant shall apply on a form entitled "APPLICATION FOR A LOAN UNDER THE CALIFORNIA SAFE DRINKING WATER BONDS LAW OF 1976," and supply supporting information as requested. As part of the supporting information, the applicant shall submit preliminary design work including a cost estimate for the proposed project. The Department shall evaluate the application and supporting information. Upon the determination that the supplier is unable to repay the full cost of the needed improvements, the Department will transmit to the Legislature a report containing the following:
(1) Current ranking on the Department of Health Services Loan Priority List.
(2) Health problems indicated.
(3) Discussion of proposed project and alternatives, including a water conservation plan.
(4) Discussion of system adequacy and compliance with health standards after improvements are constructed.
(5) Cost of proposed project.
(6) Amount of financing available, source and terms.
(7) Amount of grant required.
(8) Demographic data.
(9) Existing water charges.
(10) Data on water charges in surrounding areas.
 
  Note:   Authority cited: Section 13868, Water Code. Reference: Sections 13883, 13884, 13886 and 13889, Water Code. 
  
 


s 475. Grant Eligibility Level.
Within 90 days of the receipt of a completed application, the Department shall decide the applicant's financial eligibility for a grant. The Department shall submit a report to the legislature within 60 days of a finding by the Department that an applicant is unable to fund the entire project without a grant.
 
  Note:   Authority cited: Section 13868, Water Code. Reference: Section 13884, Water Code. 
  
 

s 476. Definitions.
The words used in this subchapter have the meanings provided in Water Code Section 13815 and set forth below:
(a) "Act" means the California Safe Drinking Water Bond Law of 1984 as set forth in Chapter 10.2 of Division 7 of the Water Code (commencing at Section 13810) and any amendments thereto.
(b) "Department of Health Services" means the State Department of Health Services.
(c) "Regularly supplies water to at least 25 individuals" as used in Section 13815(c) of the Act, means, when applied to a school, that a school must have an average attendance of at least 25 students per day during a minimum school year of at least 175 days.
(d) "Applicant" means any person or entity applying for financial assistance under the Act.
(e) "Eligible Project Costs" means costs associated with an eligible project, including the engineering, legal and administrative fees associated with the project, and also including those reasonable costs incurred by the applicant to prepare the application and establish eligibility.
Eligible project costs do not include:
(1) Operation and maintenance costs.
(2) Costs of providing water for industrial use.
(3) Costs for purchase of equipment.
(4) Payment of principal or interest of existing indebtedness or any interest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of funds by the Department; and
(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and
(C) The purposes for which the debt is incurred are otherwise eligible project costs.
(5) Establishment of a reserve fund.
(f) "Environmental documentation" means written documentation prepared and filed in accordance with the California Environmental Quality Act (Division 13, Public Resources Code commencing with Section 21000) and the State EIR Guidelines (Title 14, Section 15000 et seq.). Environmental documentation includes, but is not limited to Notices of Exemption, draft and final Environmental Impact Reports, Initial Studies, Negative Declarations, Notices of Completion, and Notices of Determination (Title 14, Section 15022).
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13815, 13819, 13820 and 13834, Water Code. 
  
 

s 477. Application Fee.
No applicant shall be required to pay an application fee.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13821 and 13834, Water Code.

s 478. Administrative Fee.
Each supplier which enters into a contract for a loan will be charged an administrative fee in the amount of four percent of the loan. Administrative fees for loans shall be paid to the Department under the terms and conditions for repayment of loan principal.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13830, Water Code.

s 479. Supplier's Share of the Cost.
The applicant shall share the cost of the project if the Department finds the applicant has the financial resources to provide a share of the cost without borrowing from outside sources.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13820(b)(3)(E), 13824, 13828 and 13834, Water Code.

s 480. Priority List.
 (a) The priority list to be established by the Department of Health Services shall list suppliers in descending order of the severity of the deficiencies in their domestic water systems. The Department of Health Services may place a supplier on the priority list on the basis of such deficiencies whether or not the supplier has requested such placement.
(b) Suppliers interested in placement on the priority list shall file a priority list application with the Department of Health Services. Priority list application forms may be obtained from the Department of Health Services.
(c) After the priority list is established, the Department of Health Services shall notify each supplier of its position on the list.
(d) The Department of Health Services may solicit applications for funding under the Act from suppliers on the priority list.
(e) Placement of a supplier on the priority list does not constitute a commitment to fund a project, reserve funds for a particular project, or require projects to be funded in a particular order.
(f) A supplier must be placed on the priority list before applying for funding under Section 483.
(g) After the priority list is established, the Department and the Department of Health Services shall make a preliminary determination as to the probable number of suppliers on the list which could be given financial assistance within the funding limits of the Act. The determination shall be revised from time to time as additional information regarding project costs and actual number of applications becomes available. The determination of which suppliers are most likely to fall within funding limits shall be used to advise suppliers regarding whether or not it would be advisable to file an application for funding.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13825, 13826 and 13836, Water Code.

s 481. Priority Classes.
Each Supplier on the priority list shall be assigned to one of the following priority classes:
Class A: Action is necessary to alleviate significant and documented public health hazards involving illness or to respond to a court-ordered compliance schedule.
Class B: Action is necessary to correct documented violations of primary drinking water standards established by the Department of Health Services.
Class C: Action is necessary to correct significant physical defects that affect a system's ability to meet primary standards.
Class D: Action is necessary to correct secondary drinking water standards violations.
Class E: Action is necessary to correct physical defects or waterworks deficiencies that do not result in violations of primary or secondary standards.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13825, 13826 and 13836, Water Code.

s 482. Ranking Within Priority Class.
The Department of Health Services shall rank suppliers within a priority class according to the relative severity of the water quality problem involved. Consideration will be given to the following factors when ranking projects:
(a) Length of time violation has existed: Suppliers with chronic violations will be ranked above suppliers with recent violations.
(b) Compliance enforcement actions: Suppliers required to correct deficiencies identified in compliance enforcement actions will be ranked above suppliers not under compliance enforcement action.
(c) Population: Suppliers that serve larger populations will be ranked above suppliers serving smaller populations when other factors are equal.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13825, 13826 and 13836, Water Code.

s 483. Application for Funding.
Applicants for a loan or grant under the Act shall file a complete application in triplicate with the Department and the Department of Health Services on a form entitled "APPLICATION FOR A LOAN UNDER THE CALIFORNIA SAFE DRINKING WATER BOND LAW." A complete application consists of the above form supported by the following information:
(a) Project Eligibility:
(1) A description of the need for the project including information concerning system deficiencies shall be provided by the applicant.
(2) A description of the proposed project and a sketch map showing project features and service areas.
(b) Financial, Legal, and Contractual Eligibility:
(1) An estimated cost of the project and proposed timetable for project completion.
(2) The amount of financial assistance requested and the amount of the financing available, such as from local, state or federal sources, internally generated funds, and the issuance of bonds.
(3) A list of cash reserves and any planned uses of those reserves.
(4) All financial documents as needed to determine the ability to repay a loan, including tax revenue, a schedule for repayment, and plans for dividing costs among system users.
(5) Proof that an adequate supply of water is available to meet the needs of the project. Evidence that the applicant has a right to use the water required for the project must be submitted before an application may be approved for funding.
(6) If the applicant is a public agency, for every action which is a project within the meaning of Public Resources Code Section 21065, state which form of documentation will be used to satisfy the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State EIR Guidelines (Title 14, Section 15000 et seq.). Appropriate documentation may consist of any of the following: a Notice of Exemption, a Negative Declaration supported by an Initial Study, or a final Environmental Impact Report. The applicant must provide the appropriate filed documentation including a Notice of Determination, before the Department will approve funding and execute a contract.
(7) If the applicant is not a public agency, state whether any public agency other than the Department of Health Services has prepared, or will prepare the environmental documentation for the project. Environmental documentation must be prepared by the Department of Health Services as the Lead Agency, or another public agency having approval authority over the project and acting as the Lead Agency, before the Department may approve the loan and execute a contract.
(8) A description of the applicant's water rates and those for surrounding communities for the past three years.
(9) A Legal opinion as to the applicant's authority to contract with the State for a loan and to repay the loan.
(10) A resolution by the applicant's governing body authorizing an officer to apply for a Safe Drinking Water loan.
(11) A summary of the competitive bidding requirements imposed on the applicant by statute or ordinance.
(12) Such other supporting information as the Department or the Department of Health Services may require.
(13) With the advice of the Department a description of possible capital improvements which will conserve water in a cost effective manner.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13819, 13820, 13821, 13823, 13824, 13826, 13834 and 13838, Water Code; and Sections 21002(d), 21080.1-21080.4, 21081 and 21165-21166, Public Resources Code.

s 484. Loan Application Requirement for Grant.
 A public agency is not eligible for a grant unless it has applied for a loan and has been found by the Department to be unable to repay the full amount of the loan.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13828, Water Code.

s 485. Preliminary Approval of Project.
 (a) Within 90 days after receipt of a completed application, the Department of Health Services shall determine whether the project as proposed is "necessary" pursuant to Water Code Section 13823 and determine whether to approve or disapprove project plans, and notify the applicant of its decision.
(b) In determining whether the project is necessary, the Department of Health Services shall consider the availability and cost of alternatives to the project such as consolidation with adjacent water systems or development of alternative sources.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13823, Water Code.

s 486. Eligibility for Funding.
 (a) The Department shall notify an applicant regarding eligibility for funding by loan or grant within 90 days of the Department of Health Services' approval of project plans, provided the applicant has furnished all documentation required by the Department to render a decision.
(b) Funding will not be provided to pay for additional capacity in excess of that needed to accommodate the needs of existing populations and population growth that may reasonably be expected within ten years.
(c) All other factors being equal (including degree of financial need, submission of completed applications and approval of project plans by the Department of Health Services), applicants with lower numbers (higher priority) on the priority list shall receive preference in funding over applicants with higher numbers (lower priority).
(d) Within 60 days of notifying an applicant of eligibility for a grant, the Department shall submit its report to the Legislature.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13819(b), 13820(a), 13821 and 13823-13826, Water Code.

s 487. Appeal of Denied Application.
An unsuccessful applicant may appeal for a review of an application that has been denied. The petition shall be filed within thirty days after the date of written notification that the application has been denied and may include any information not previously submitted that would justify a reconsideration of the application.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13821, Water Code.

s 488. Contract Provisions.
 (a) The following provisions apply to loan contracts and loan-grant contracts:
(1) Suppliers other than public agencies shall provide security for repayment of the loan. This may include a provision for a lien on the domestic water system and associated facilities and improvements, and liens on other real and personal property belonging to the supplier.
(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect principal and interest payments from the supplier and transmit them to the State when due. The services of the Fiscal Agent shall be continued until the loan has been fully repaid. A public agency may employ the services of its county controller or treasurer as Fiscal Agent.
(3) The term of the loan shall be as short as possible considering the ability of the supplier and its customers to repay the loan. If the impact of the loan on water rates would be significant, consideration may be given, in setting the term of the loan, to the estimated useful life of the project to be financed with the loan proceeds.
(4) The contract shall require the supplier to deposit with its Fiscal Agent sufficient reserves to assure that funds will be available to make the semiannual payments when due. A reserve of two semiannual payments shall be accumulated during the first ten-year period for all repayment methods except those based on the quantity of water used, for which a reserve of four semiannual payments shall be accumulated during the first ten years. Half of the required reserve balance shall be on deposit by the end of the second five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(b) The following provisions shall apply to loan contracts, grant contracts, and loan-grant contracts:
(1) Except as otherwise authorized by the Department, when the project costs exceed the loan, grant, or loan-grant commitment, no State funds shall be disbursed until the supplier demonstrates acquisition of sufficient funds to complete the project. No State funds shall be disbursed until all other sources of funds have been exhausted. If a supplier has received both a loan and a grant, all loan funds shall be disbursed before grant funds.
(2) If a contract is not fully executed within one year after the Department transmits a letter of commitment of funds, the letter of commitment and associated contract may be withdrawn and the letter of commitment and contract renegotiated.
(3) The supplier shall use the competitive bidding process for all contracts exceeding $10,000 unless an exception in writing has been obtained from the Department. A supplier seeking a waiver of the contractual competitive bidding requirement shall make a written request to the Department which sets forth the reasons for the request and demonstrates that no statute or ordinance imposing competitive bidding requirements on the supplier will be violated if the waiver is granted. In addition, applicants shall obtain the written consent of the Department of Health Services before using the services of their own employees to perform engineering or construction work on the project.
(4) No funds will be disbursed pursuant to the contract until all conditions in the Department's commitment and in the water permit issued by the Department of Health Services have been met.
(5) Funds withheld pending completion of project items and contracts will not be disbursed until the Department has received written certification that the specific item or contract has been completed in accordance with the plans and specifications approved by the Department of Health Services.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Sections 13819 and 13820, Water Code.

s 489. Project Feasibility Meeting.
 (a) Before the contract is executed the supplier must conduct a Project Feasibility Meeting to inform the public of the purpose of the proposed project and to provide a forum for public comment on the need for the project and means of financing the project. A Project Feasibility Meeting is not required if the supplier is required by law to hold an election before entering into the loan contract. For investor-owned utilities, meetings or hearings held by the Public Utilities Commission may serve as Project Feasibility Meetings.
(b) Before a Project Feasibility Meeting, the supplier shall:
(1) Make available information describing the project in a form and location that will enable the water users to review it and to make appropriate comments. The information must be made available for a period of at least fifteen days before the Project Feasibility Meeting.
(2) Establish a date for the meeting agreeable to the Department and Department of Health Services.
(3) Notify the Department, the Department of Health Services and appropriate county health agencies in writing at least twenty calendar days before the meeting, and notify all water users and the local news media in writing at least fifteen calendar days before the meeting. The notice shall state: the date, time, location, and purpose of the meeting and the location of information describing the project for review by the water users. Sample notice forms will be provided by the Department.
(4) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated attendance.
(c) The agenda of the meeting shall include the following matters: (1) A discussion of applicable public health and water works standards, existing and potential health hazards associated with the water system, how the proposed project will bring the system to minimum health standards, and alternative solutions to the problem. (2) The supplier shall describe the proposed project in detail, using maps, charts, and other illustrative devices, if appropriate. The discussion shall include the costs, sources of funds, the amount of the loan-grant commitment, and changes in water costs resulting from the project.
(3) A representative of the State may describe the Act, the State's role in its administration and the Department's recommendation regarding the supplier's loan application. Persons present at the meeting shall be permitted to ask questions regarding all subjects discussed at the meeting.
(d) If no representative of the Department is present at the meeting, the supplier shall submit an official written report to the Department describing the meeting and its outcome including the results of any vote taken.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13834, Water Code.

s 489.1. Plans and Specifications.
Before commencing construction, each Supplier shall provide detailed plans and specifications to the Department of Health Services for review and approval by a registered Civil Engineer employed by the Department of Health Services. Unless otherwise authorized in writing by the Department of Health Services, the supplier shall not commence construction without written notification from the Department of Health Services that the plans and specifications have been approved.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13837, Water Code.

s 489.2. Certification of Completion.
Department of Health Services shall inspect the completed project and if satisfied that the project has been completed in accordance with approved plans and specifications, shall provide the supplier and the Department with written certification to that effect.
 
  Note:   Authority cited: Section 13834, Water Code. Reference: Section 13834, Water Code.


 
 
 
  Note:   Authority cited: Sections 161, 401, 403 and 6078, Water Code. Reference: Sections 401, 402 and 403, Water Code and Sections 21000 et seq., Public Resources Code. 
  
 


s 490. Purpose.
 (a) The State Legislature has found:
(1) that the limited supply of state waters are subject to ever increasing demands;
(2) that California's economic prosperity depends on adequate supplies of water;
(3) that state policy promotes conservation and efficient use of water;
(4) that landscapes provide recreation areas, clean the air and water, prevent erosion, offer fire protection, and replace ecosystems displaced by development; and
(5) that landscape design, installation, and maintenance can and should be water efficient.
(b) Consistent with the legislative findings, the purpose of this model ordinance is to:
(1) promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
(2) establish a structure for designing, installing, and maintaining water efficient landscapes in new projects; and
(3) establish provisions for water management practices and water waste prevention for established landscapes.
 
  Note:    Authority cited: Sections 65591.5 and 65594, Government Code. Reference: Sections 65591, 65591.5 and 65597, Government Code. 
  
 

s 491. Definitions.
The words used in this ordinance have the meaning set forth below:
(a) "anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.
(b) "application rate" means the depth of water applied to a given area, usually measured in inches per hour.
(c) "applied water" means the portion of water supplied by the irrigation system to the landscape.
(d) "automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.
(e) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
(f) "conversion factor (0.62)" means a number that converts the maximum applied water allowance from acre-inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:
(325,851 gallons/ 43,560 square feet)/12 inches = (0.62) 325,851 gallons = one
acre foot 43,560 square feet = one acre 12 inches = one foot
 
To convert gallons per year to 100-cubic-feet per year, another common billing unit for water, divide gallons per year by 748. (748 gallons = 100 cubic feet.)
(g) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
(h) "effective precipitation" or "usable rainfall" means the portion of total precipitation that is used by the plants. Precipitation is not a reliable source of water, but can contribute to some degree toward the water needs of the landscape.
(i) "emitter" means drip irrigation fittings that deliver water slowly from the system to the soil.
(j) "established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.
(k) "establishment period" means the first year after installing the plant in the landscape.
( l) "Estimated Applied Water Use" means the portion of the Estimated Total Water Use that is derived from applied water. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. The Estimated Applied Water Use may be the sum of the water recommended through the irrigation schedule, as referenced in Section 492(c)(3).
(m) "Estimated Total Water Use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system, as described in Section 492(c)(4).
(n) "ET adjustment factor" means a factor of 0.8, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.
A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET Adjustment Factor is 0.625.
Therefore, the ET Adjustment Factor (0.8) = (0.5/0.625).
(o) "evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.
(p) "flow rate" means the rate at which water flows through pipes and valves  (gallons per minute or cubic feet per second).
(q) "hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone.
(r) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).
(s) "irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this ordinance is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems.
(t) "landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.
(u) "landscaped area" means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes- such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included.
(v) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
(w) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.
(x) "Maximum Applied Water Allowance" means, for design purposes, the upper limit of annual applied water for the established landscaped area as specified in Section 492(c)(2). It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance.
(y) "mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
(z) "mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation.
(aa) "operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler.
(bb) "overhead sprinkler irrigation systems" means those with high flow rates  (pop-ups, impulse sprinklers, rotors, etc.)
(cc) "overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas.
(dd) "plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this ordinance, the average plant factor of low water using plants ranges from 0 to 0.3, for average water using plants the range is 0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0.
(ee) "rain sensing device" means a system which automatically shuts off the irrigation system when it rains.
(ff) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
(gg) "recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.
(hh) "recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption.
(ii) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year as represented in Section 495, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated.
(jj) "rehabilitated landscape" means any relandscaping project that requires a permit.
(kk) "run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when  there is a severe slope.
( ll) "soil moisture sensing device" means a device that measures the amount of water in the soil.
(mm) "soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil.
(nn) "sprinkler head" means a device which sprays water through a nozzle.
(oo) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.
(pp) "station" means an area served by one valve or by a set of valves that operate simultaneously.
(qq) "turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
(rr) "valve" means a device used to control the flow of water in the irrigation system.
(ss) "water conservation concept statement" means a one-page checklist and a narrative summary of the project as shown in Section 492(c)(1).
 
  Note:    Authority cited: Section 65594, Government Code. Reference:  Section 65597, Government Code. 
  
 

s 492. Provisions for New or Rehabilitated Landscapes.
 (a) Applicability.
(1) Except as provided in Section 492(a)(3), this section shall apply to:
(A) all new and rehabilitated landscaping for public agency projects and private development projects that require a permit; and
(B) developer-installed landscaping in single-family and multi-family projects.
(2) Projects subject to this section shall conform to the provisions in Section 492.
(3) This section shall not apply to:
(A) homeowner-provided landscaping at single-family and multi-family projects;
(B) cemeteries;
(C) registered historical sites;
(D) ecological restoration projects that do not require a permanent irrigation system;
(E) mined-land reclamation projects that do not require a permanent irrigation system; or
(F) any project with a landscape area less than 2,500 square feet.
(b) Landscape Documentation Package
(1) A copy of the landscape documentation package conforming to this chapter shall be submitted to the city or county. No permit shall be issued until the city or county reviews and approves the landscape documentation package.
(2) A copy of the approved  landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager.
(3) A copy of the Water Conservation Concept Statement and the Certificate of Substantial Completion shall be sent by the project manager to the local retail water purveyor.
(4) Each landscape documentation package shall include the following elements, which are described in Section 492(c):
(A) Water Conservation Concept Statement
(B) Calculation of the Maximum Applied Water Allowance
(C) Calculation of the Estimated Applied Water Use
(D) Calculation of the Estimated Total Water Use
(E) Landscape Design Plan
(F) Irrigation Design Plan
(G) Irrigation Schedules
(H) Maintenance Schedule
(I) Landscape Irrigation Audit Schedule
(J) Grading Design Plan
(K) Soil Analysis
(L) Certificate of Substantial Completion. (To be submitted after installation of the project).
(5) If effective precipitation is included in the calculation of the Estimated Total Water Use, then an  Effective Precipitation Disclosure Statement from the landscape professional and the property owner shall be submitted with the Landscape Documentation Package.
(C) Elements of Landscape Documentation Package
(1) Water Conservation Concept Statement
Each landscape documentation package shall include a cover sheet,  referred to as the Water Conservation Concept Statement similar to the following example. It serves as a check list to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project.
Sample Water Conservation Concept Statement
 
Project Site: _______________ Project Number: _______________
Project Location: _______________
Landscape Architect/Irrigation Designer/Contractor:______________
Included in this project submittal package are:
(Check to indicate completion)
_____1.          Maximum Applied Water Allowance:
                  _____gallons or cubic feet/year
_____2.          Estimated Applied Water Use:
                  _____gallons or cubic feet/year
[FNa1]____2.(a)  Estimated Amount of Water Expected from Effective
                   Precipitation:
                  _____gallons or cubic feet/year
_____3.           Estimated Total Water Use:
                  _____gallons or cubic feet/year
 
[FNa1] If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precipitation Disclosure Statement in Section 494 shall be completed and submitted.
_____4.   Landscape Design Plan
_____5.   Irrigation Design Plan
_____6.   Irrigation Schedules
_____7.   Maintenance Schedule
_____8.   Landscape Irrigation Audit Schedule
_____9.   Grading Design Plan
_____10.  Soil Analysis
 
(Sample Water Conservation Concept Statement, continued)
 
Description of Project
(Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water use.)
Date: _______________ Prepared By: ____________________
(2) The Maximum Applied Water Allowance
(A) A project's Maximum Applied Water Allowance shall be calculated using the following formula:
MAWA  =  (ETo) (0.8) (LA) (0.62) where:
MAWA  =  Maximum Applied Water Allowance (gallons per year)
ETo   =  Reference Evapotranspiration (inches per year)
0.8   =  ET Adjustment Factor
LA    =  Landscaped Area (square feet)
0.62  =  conversion factor (to gallons per square foot)
 
(B) Two example calculations of the Maximum Applied Water Allowance are:
(i) PROJECT SITE ONE: Landscaped area of 50,000 sq. ft. in Fresno
MAWA  =  (ETo) (.8) (LA) (.62)
      =  (51 inches) (.8) (50,000 square feet) (.62)
 
Maximum Applied Water Allowance = 1,264,800 gallons per year (or 1,691 hundred-cubic-feet per year: 1,264,800/748=1,691)
(ii) PROJECT SITE TWO: Landscaped area of 50,000 sq. ft. in San Francisco
MAWA  =  (ETo) (.8) (LA) (.62)
      =  (35 inches) (.8) (50,000 square feet) (.62)
 
Maximum Applied Water Allowance = 868,000 gallons per year (or 1,160 hundred-cubic-feet per year)
(C) Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes are considered recreational areas and may require water in addition to the Maximum Applied Water Allowance. A statement shall be included with the landscape design plan, designating recreational areas to be used for such purposes and specifying any needed amount of additional water above the Maximum Applied Water Allowance.
(3) Estimated Applied Water Use
(A) The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance.
(B) A calculation of the Estimated Applied Water Use shall be submitted with the Landscape Documentation Package. It may be calculated by summing the amount of water recommended in the irrigation schedule.
(4) Estimated Total Water Use
(A) A calculation of the Estimated Total Water Use shall be submitted with the Landscape Documentation Package. The Estimated Total Water Use may be calculated by summing the amount of water recommended in the irrigation schedule and adding any amount of water expected from effective precipitation (not to exceed 25 percent of the local annual mean precipitation) or may be calculated from a formula such as the following:
The Estimated Total Water Use for the entire landscaped area equals the sum of the Estimated Water Use of all hydrozones in that landscaped area.
EWU (hydrozone) = (ETo) (PF) (HA) (.62)
- (IE)
EWU (hydrozone = Estimated Water Use (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
PF = plant factor
HA = hydrozone area (square feet)
(.62) = conversion factor
IE = irrigation efficiency
(B) If the Estimated Total Water Use is greater than the Estimated Applied Water Use due to precipitation being included as a source of water, an Effective Precipitation Disclosure Statement such as the one in Section 494 shall be included in the Landscape Documentation Package.
(5) Landscape Design Plan
A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package.
(A) Plant Selection and Grouping
(i) Any plants may be used in the landscape, providing the Estimated Applied Water Use recommended does not exceed the Maximum Applied Water Allowance and that the plants meet the specifications set forth in (ii), (iii) and (iv).
(ii) Plants having similar water use shall be grouped together in distinct hydrozones.
(iii) Plants shall be selected appropriately based upon their adaptabillity to the climatic, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this ordinance.
(iv) Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from local fire departments or the California Department of Forestry.
(B) Water Features
(i) Recirculating water shall be used for decorative water features.
(ii) Pool and spa covers are encouraged.
(C) Landscape Design Plan Specifications
The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies:
(i) Designation of hydrozones.
(ii) Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated.
(iii) Property lines and street names.
(iv) Streets, driveways, walkways, and other paved areas.
(v) Pools, ponds, water features, fences, and retaining walls.
(vi) Existing and proposed buildings and structures including elevation if applicable.
(vii) Natural features including but not limited to rock outcroppings, existing trees, shrubs that will remain.
(viii) Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details.
(ix) A calculation of the total landscaped area.
(x) Designation of recreational areas.
(6) Irrigation Design Plan
An irrigation design plan meeting the following conditions shall be submitted as part of the Landscaped Documentation Package.
(A) Irrigation Design Criteria
(i) Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.
Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet, and in median strips.
No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet wide.
(ii) Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency.
(iii) Equipment.
Water meters. Separate landscape water meters shall be installed for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet.
Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.
Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.
Sprinkler heads. Heads and emmitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.
Rain Sensing Override Devices. Rain sensing override devices shall be required on all irrigation systems.
Solid Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.
(B) Recycled Water
(i) The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following section (B)(ii).
(ii) Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future.
(iii) The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes.
(C) Irrigation Design Plan Specifications
Irrigation systems shall be designed to be consistent with hydrozones.
The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as the landscape design plan. The scale shall be the same as that used for the landscape design plan described in Section 492(c)(5)(C).
The irrigation design plan shall accurately and clearly identify:
(i) Location and size of separate water meters for the landscape.
(ii) Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.
(iii) Static water pressure at the point of connection to the public water supply.
(iv) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.
(v) Recycled water irrigation systems as specified in the Section 492(c)(4)(B).
(7) Irrigation Schedules
Irrigation schedules satisfying the following conditions shall be submitted as part of the Landscape Documentation Package.
(A) An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas.
(B) The irrigation schedule shall:
(i) include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station; and
(ii) provide the amount of applied water (in hundred cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis.
(C) The total amount of water for the project shall include water designated in the Estimated Total Water Use calculation plus water needed for any water features, which shall be considered as a high water using hydrozone.
(D) Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the Maximum Applied Water Allowance because of high plant factors (but not due to irrigation inefficiency.)
(E) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates.
(F) Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature.
(8) Maintenance Schedules
A regular maintenance schedule satisfying the following conditions shall be submitted as part of the Landscape Documentation Package:
(A) Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas.
(B) Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents.
(9) Landscape Irrigation Audit Schedules
A schedule of landscape irrigation audits, for all but single family residences, satisfying the following conditions shall be submitted to the city or county as part of the Landscape Documentation Package.
(A) At a minimum, audits shall be in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 [formerly Master Auditor Training].)
(B) The schedule shall provide for landscape irrigation audits to be conducted by certified landscape irrigation auditors at least once every five years.
(10) Grading Design Plan
Grading design plans satisfying the following conditions shall be submitted as part of the Landscape Documentation Package.
(A) A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan.
(B) The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade.
(11) Soils
(A) A soil analysis satisfying the following conditions shall be submitted as part of the Landscape Documentation Package.
(i) Determination of soil texture, indicating the percentage of organic matter.
(ii) An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables.) A range of infiltration rates shall be noted where appropriate.
(iii) Measure of pH, and total soluble salts.
(B) A mulch of at least three inches shall be applied to all planting areas except turf.
(12) Certification
(A) Upon completing the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor prior to the final field observation. (See Landscape Irrigation Auditor Handbook as referenced in Section 492(c)(9)(A)).
(B) A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion to the city or county. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed, and that an irrigation audit has been performed, along with a list of any  observed deficiencies.
(C) Certification shall be accomplished by completing a Certificate of Substantial Completion and delivering it to the city or county, to the retail water supplier, and to the Owner of Record. A sample of such a form, which shall be provided by the city or county is:
SAMPLE CERTIFICATE OF SUBSTANTIAL COMPLETION
 
Project Site: _______________ Project Number: ___________________
Project Location: _______________
Preliminary Project Documentation Submitted: (check indicating submittal)
_____1.         Maximum Applied Water Allowance:
                 _____(gallons or cubic feet per year)
_____2.         Estimated Applied Water Use:
                 _____(gallons or cubic feet/year)
[FNa1]_____2a.  Estimated Amount of Water Expected from Effective
                  Precipitation:
                 _____(gallons or cubic feet/year)
_____3.         Estimated Total Water Use:
                 _____(gallons or cubic feet/year)
 
[FNa1] If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precipitation Disclosure Statement in Section 495 shall be completed and submitted. The Estimated Amount of Water Expected from Effective Precipitation shall not exceed 25 percent of the local annual mean precipitation (average rainfall.)
_____4.   Landscape Design Plan
_____5.   Irrigation Design Plan
_____6.   Irrigation Schedules
_____7.   Maintenance Schedule
_____8.   Landscape Irrigation Audit Schedule
_____9.   Grading Design Plan
_____10.  Soil Analysis
 
Post-Installation Inspection: (Check indicating substantial completion)
_____A.  Plants installed as specified
_____B.  Irrigation system installed as designed
          _____dual distribution system for recycled water
          _____minimal run off or overspray
_____C.  Landscape Irrigation Audit performed
 
(Certificate of Substantial Completion, continued)
 
________ Project submittal package and a copy of this certification has been provided to owner/manager and local water agency
Comments:
I/we certify that work has been installed in accordance with the contract documents:
________________________________________________________________ 
Contractor       Signature     Date         State License Number
I/we certify that based upon periodic site observations, the work has been substantially completed in accordance with the Water Efficient Landscape Ordinance and that the landscape planting and irrigation installation conform with the approved plans and specifications.
________________________________________________________________ 
Landscape Architect  Signature   Date       State License Number
or Irrigation Designer/Consultant
or Licensed or Certified Professional in a Related Field
I/we certify that I/we have received all of the contract documents and that it is our responsibility to see that the project is maintained in accordance with the contract documents.
________________________________________________________________ 
Owner                Signature   Date
(d) Public Education
(1) Publications.
(A) Local agencies shall provide information to owners of all new, single family residential homes regarding the design, installation, and maintenance of water efficient landscapes.
(B) Information about the efficient use of landscape water shall be provided to water users throughout the community.
(2) Model Homes.
At least one model home that is landscaped in each project consisting of eight or more homes shall demonstrate via signs and information the principles of water efficient landscapes described in this ordinance.
(A) Signs shall be used to identify the model as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment and others which contribute to the overall water efficient theme.
(B) Information shall be provided about designing, installing, and maintaining water efficient landscapes.
 Note:   Authority cited: Section 65594, Government Code. Reference:  Section 65597, Government Code.
 
  Note:    Authority cited: Section 65594, Government Code. Reference:  Section 65597, Government Code. 
  
 

s 493. Provisions for Existing Landscapes.
 (a) Water management
All existing landscaped areas to which the city or county provides water that are one acre or more, including golf courses, green belts, common areas, multi-family housing, schools, businesses, parks, cemeteries, and publicly owned landscapes shall have a landscape irrigation audit at least every five years. At a minimum, the audit shall be in accordance with the California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook, Dept. of Water Resources, Water Conservation Office (June 1990) version 5.5.)
(1) If the project's water bills indicate that they are using less than or equal to the Maximum Applied Water Allowance for that project site, an audit shall not be required.
(2) Recognition of projects that stay within the Maximum Applied Water Allowance is encouraged.
(b) Water Waste Prevention
Cities and counties shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Penalties for violation of these prohibitions shall be established locally.
 
  Note:    Authority cited: Section 65594, Government Code; Reference:  Section 65597, Government Code. 
  
 

s 494. Effective Precipitation.
If effective precipitation is included in the calculation of the Estimated Total Water Use, an Effective Precipitation Disclosure Statement (similar to the following Sample Effective Precipitation Disclosure Statement) shall be completed, signed, and submitted with the Landscape Documentation Package. No more than 25 percent of the local annual mean precipitation shall be considered effective precipitation in the calculation of the Estimated Total Water Use.
SAMPLE EFFECTIVE PRECIPITATION DISCLOSURE STATEMENT
 
I certify that  I have informed the project owner and developer that this project depends on __________ (gallons or cubic feet) of effective precipitation per year. This represents __________ percent of the local mean precipitation of __________ inches per year.
I have based my assumptions about the amount of precipitation that is effective upon: ___________________________________________
______________________________________________________________ 
______________________________________________________________ 
______________________________________________________________ 
I certify that I have informed the project owner and developer that in times of drought, there may not be enough water available to keep the entire landscape alive.
____________________________________________________________ 
Licensed or Certified Landscape Professional
I Certify that I have been informed by the licensed or certified landscape professional that this project depends upon __________ (gallons or cubic feet) of effective precipitation per year. This represents __________ percent of the local mean precipitation of __________ inches per year.
I certify that I have been informed that in times of drought, there may not be enough water available to keep the entire landscape alive.
_______________________________________________________________ 
Owner                          Developer

s 495. Reference Evapotranspiration.
REFERENCE EVAPOTRANSPIRATION
 
in inches (Historial Data, extrapolated from 12-Month Normal Year
ETo Maps and U.C. publication 21426
 
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County        City              Jan  Feb  Mar  Apr  May  Jun   Jul   Aug
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Alameda       Livermore         1.2  1.5  2.9  4.4  5.9   6.6   7.4   6.4
              Oakland           1.5  1.5  2.8  3.9  5.1   5.3   6.0   5.5
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Apline        Markleeville      0.7  0.9  2.0  3.5  5.0   6.1   7.3   6.4
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Amador        Jackson           1.2  1.5  2.8  4.4  6.0   7.2   7.9   7.2
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Butte         Chico             1.2  1.8  2.9  4.7  6.1   7.4   8.5   7.3
              Gridley           1.2  1.8  3.0  4.7  6.1   7.7   8.5   7.1
Oroville      1.2               1.7  2.8  4.7  6.1  7.6   8.5   7.3   5.3
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Calaveras     San Andreas       1.2  1.5  2.8  4.4  6.0   7.3   7.9   7.0
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Colusa        Colusa            1.1  1.7  2.8  4.8  6.6   7.4   8.2   7.0
              Williams          1.2  1.7  2.9  4.5  6.1   7.2   8.5   7.3
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Contra Costa  Benicia           1.3  1.4  2.7  3.8  4.9   5.0   6.4   5.5
              Brentwood         1.0  1.5  2.9  4.5  6.1   7.1   7.9   6.7
              Courtland         0.9  1.5  2.9  4.4  6.1   6.9   7.9   6.7
              Concord           1.1  1.4  2.4  4.0  5.5   5.9   7.0   6.0
              Martinez          1.2  1.4  2.4  3.9  5.3   5.6   6.7   5.6
              Pittsburg         1.0  1.5  2.8  4.1  5.6   6.4   7.4   6.4
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Del Norte     Crescent City     0.5  0.9  2.0  3.0  3.7   3.5   4.3   3.7
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El Dorado     Camino            0.9  1.7  2.5  3.9  5.9   7.2   7.8   6.8
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Fresno        Clovis            1.0  1.5  3.2  4.8  6.4   7.7   8.5   7.3
              Coalinga          1.2  1.7  3.1  4.6  6.2   7.2   8.5   7.3
              Five Points       0.9  1.7  3.3  5.0  6.6   7.7   8.5   7.3
              Fresno            0.9  1.7  3.3  4.8  6.7   7.8   8.4   7.1
              Friant            1.2  1.5  3.1  4.7  6.4   7.7   8.5   7.3
              Kerman            0.9  1.5  3.2  4.8  6.6   7.7   8.4   7.2
              Kingsburg         1.0  1.5  3.4  4.8  6.6   7.7   8.4   7.2
              Reedley           1.1  1.5  3.2  4.7  6.4   7.7   8.5   7.3
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Glenn         Orland            1.2  1.7  3.1  4.8  6.7   7.4   8.8   7.3
              Willows           1.2  1.7  2.9  4.7  6.1   7.2   8.5   7.3
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Humboldt      Eureka            0.5  1.1  2.0  3.0  3.7   3.7   3.7   3.7
              Ferndale          0.5  1.1  2.0  3.0  3.7   3.7   3.7   3.7
              Garberville       0.6  1.2  2.2  3.1  4.5   5.0   5.5   4.9
              Hoopa             0.5  1.1  2.1  3.0  4.4   5.4   6.1   5.1
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Imperial      Brawley           2.8  3.8  5.9  8.0  10.4  11.5  11.7  10.0
              Calipatria        2.9  3.9  6.1  8.3  10.5  11.8  12.0  10.4
              El Centro         2.7  3.5  5.6  7.9  10.1  11.1  11.6  9.5
              Holtville         2.8  3.8  5.9  7.9  10.4  11.6  12.0  10.0
              Yuma              3.1  4.1  6.6  8.7  11.0  12.4  12.7  11.0
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Inyo          Bishop            1.7  2.7  4.8  6.7  8.2  10.9  7.4   9.6
              Death Valley      2.2  3.3  5.4  7.7  9.8  11.1  11.4  10.1
              Independence      1.7  2.7  3.4  6.6  8.5   9.5   9.8   8.5
              Lower Halwee      1.8  2.7  4.4  7.1  8.5   9.5   9.8   8.5
              Bishop            2.7  2.8  5.9  8.0  10.4  11.7  11.6  10.0
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Kern          Arvin             1.2  1.8  3.5  4.7  6.6   7.4   8.1   7.3
              Bakersfield       1.0  1.8  3.5  4.7  6.6   7.7   8.5   7.3
              Buttonwillow      1.0  1.8  3.2  4.7  6.6   7.7   8.5   7.3
              Delano            0.9  1.8  3.4  4.7  6.6   7.7   8.5   7.3
              Grapevine         1.3  1.8  3.1  4.4  5.6   6.8   7.6   6.8
              China Lake        2.1  3.2  5.3  7.7  9.2  10.0  11.0  9.8
              Inyokem           2.0  3.1  4.9  7.3  8.5   9.7   11.0  9.4
              Isabella Dam      1.2  1.4  2.8  4.4  5.8   7.3   7.9   7.0
              Lost Hills        0.6  1.1  2.6  4.4  7.0   7.7   8.5   7.1
              Shafter           1.0  1.7  3.4  5.0  6.6   7.7   8.3   7.3
              Taft              1.0  1.3  3.1  4.3  6.2   7.3   8.5   7.3
              Tehachapi         1.4  1.3  3.2  5.0  6.1   7.7   7.9   7.3
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Kings         Corcoran          0.9  1.5  3.3  5.2  7.2   7.9   8.4   7.3
              Hanford           0.9  1.5  3.4  5.0  6.6   7.7   8.3   7.2
              Kettleman City    1.0  1.8  3.4  5.3  7.2   7.9   8.4   7.4
              Lemoore           0.9  1.5  3.4  5.0  6.6   7.7   8.3   7.3
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Lake          Lakeport          1.1  1.3  2.6  3.5  5.1   6.0   7.3   6.1
              Lower Lake        1.2  1.4  2.7  4.5  5.3   6.3   7.4   6.4
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Lassen        Ravendale         0.6  1.1  2.3  4.1  5.6   6.7   7.9   7.3
              Susanville        0.7  1.0  2.2  4.1  5.6   6.5   7.8   7.0
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Los Angeles   Burbank           2.1  2.8  3.7  4.7  5.1   6.0   6.6   6.7
              Glendora          2.0  2.5  3.6  4.9  5.4   6.1   7.3   6.8
              Gorman            1.6  2.2  3.4  4.6  5.5   7.4   7.7   7.1
              Lancaster         2.1  3.0  4.6  5.9  8.5   9.7   11.0  9.8
              Los Angeles       2.2  2.7  3.7  4.7  5.5   5.8   6.2   5.9
              Long Beach        2.2  2.5  3.4  3.8  4.8   5.0   5.3   4.9
              Palmdale          2.0  2.7  4.2  5.1  7.6   8.5   9.9   9.8
              Pasadena          2.1  2.7  3.7  4.7  5.1   6.0   7.1   6.7
              Pearblossom       1.7  2.4  3.7  4.7  7.3   7.7   9.9   7.9
              Redondo Beach     2.2  2.4  3.3  3.8  4.5   4.7   5.4   4.8
              San Fernando      2.0  2.7  3.5  4.6  5.5   5.9   7.3   6.7
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Madera        Chowchilla        1.0  1.4  3.2  4.7  6.6   7.8   8.5   7.3
              Madera            0.9  1.4  3.2  4.8  6.6   7.8   8.5   7.3
              Raymond           1.2  1.5  3.0  4.6  6.1   7.6   8.4   7.3
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Marin         Novato            1.3  1.5  2.4  3.5  4.4   6.0   5.9   5.4
              San Rafael        1.2  1.3  2.4  3.3  4.0   4.8   4.8   4.9
---------------------------------------------------------------------------
Mariposa      Coulterville      1.1  1.5  2.8  4.4  5.9   7.3   8.1   7.0
              Mariposa          1.1  1.5  2.8  4.4  5.9   7.4   8.2   7.1
              YosemiteVillage   0.7  1.0  2.3  3.7  5.1   6.5   7.1   6.1
---------------------------------------------------------------------------
Mendocino     Fort Bragg        0.9  1.3  2.2  3.0  3.7   3.5   3.7   3.7
              Point Arena       1.0  1.3  2.3  3.0  3.7   3.9   3.7   3.7
              Hopland           1.1  1.3  2.6  3.4  5.0   5.9   6.5   5.7
              Ukiah             1.0  1.3  2.6  3.3  5.0   5.8   6.7   5.9
---------------------------------------------------------------------------
Merced        Merced            1.0  1.5  3.2  4.7  6.6   7.9   8.5   7.2
              Merced            1.0  1.5  3.2  4.7  6.1   7.4   8.2   7.0
---------------------------------------------------------------------------
Mono          Bridgeport        0.7  0.9  2.2  3.8  5.5   6.6   7.4   6.7
---------------------------------------------------------------------------
Monterey      Castroville       1.6  1.8  2.7  3.5  4.4   4.4   4.5   4.2
              King City         1.7  2.0  3.4  4.4  4.4   5.6   6.1   6.7
              Long Valley       1.5  1.9  3.2  4.1  5.8   6.5   7.3   6.7
              Monterey          1.7  1.8  2.7  3.5  4.0   4.1   4.3   4.2
              Salinas           1.6  1.9  2.7  3.8  4.8   4.7   5.0   4.5
              Soledad           1.7  2.0  3.4  4.4  5.5   5.4   6.5   6.2
---------------------------------------------------------------------------
Napa          St. Helena        1.2  1.5  2.8  3.9  5.1   6.1   7.0   6.2
              Yountville        1.3  1.7  2.8  3.9  5.1   6.0   7.1   6.1
---------------------------------------------------------------------------
Nevada        Grass Valley      1.1  1.5  2.6  4.0  5.7   7.1   7.9   7.1
              Nevada City       1.1  1.5  2.6  3.9  5.8   6.9   7.9   7.0
---------------------------------------------------------------------------
Orange        Santa Ana         2.2  2.7  3.7  4.5  4.6   5.4   6.2   6.1
              Laguna Beach      2.2  2.7  3.4  3.8  4.6   4.6   4.9   4.9
---------------------------------------------------------------------------
Placer        Auburn            1.2  1.7  2.8  4.4  6.1   7.4   8.3   7.3
              Blue Canyon       0.7  1.1  2.1  3.4  4.8   6.0   7.2   6.1
              Colfax            1.1  1.5  2.6  4.0  5.8   7.1   7.9   7.0
              Soda Springs      0.7  0.7  1.8  3.0  4.3   5.3   6.2   5.5
              Tahoe City        0.7  0.7  1.7  3.0  4.3   5.4   6.1   5.6
              Truckee           0.7  0.7  1.7  3.2  4.4   5.4   6.4   5.7
---------------------------------------------------------------------------
Plumas        Quincy            0.7  0.9  2.2  3.5  4.9   5.9   7.3   5.9
              Portola           0.7  0.9  2.0  3.5  4.9   5.9   7.3   5.9
---------------------------------------------------------------------------
Riverside     Beaumont          2.0  2.3  3.4  4.4  6.1   7.1   7.6   7.9
              Blythe            3.2  4.2  6.7  8.9  11.1  12.4  12.8  11.1
              Coachella         2.9  4.4  6.2  8.4  10.5  11.9  12.3  10.1
              Desert Center     2.9  4.1  6.4  8.5  11.0  12.1  12.2  11.1
              Elsinore          2.1  2.8  3.9  4.4  5.9   7.1   7.6   7.0
              Indio             2.9  4.0  6.2  8.3  10.5  11.9  12.3  10.0
              Palm Desert       2.0  3.5  4.9  7.7  8.5  10.6  9.8   9.2
              Palm Springs      2.0  2.9  4.9  7.2  8.3   8.5   11.6  8.3
              Riverside         2.1  2.9  4.0  4.1  6.1   7.1   7.9   7.6
---------------------------------------------------------------------------
Sacramento    Roseville         1.1  1.7  3.1  4.7  6.2   7.7   8.5   7.3
              Sacramento        1.0  1.8  3.2  4.7  6.4   7.7   8.4   7.2
---------------------------------------------------------------------------
San Benito    Hollister         1.5  1.8  3.1  4.3  5.5   5.7   6.4   5.9
---------------------------------------------------------------------------
San           Baker             2.7  3.9  6.1  8.3  10.4  11.8  12.2  11.0
  Bernardino
              Barstow           2.6  3.6  5.7  7.9  10.1  11.6  12.0  10.4
              Chino             2.1  2.9  3.9  4.5  5.7   6.5   7.3   7.1
              Crestline         1.5  1.9  3.3  4.4  5.5   6.6   7.8   7.1
              Needles           3.2  4.2  6.6  8.9  11.0  12.4  12.8  11.0
              Lucerne Valley    2.2  2.9  5.1  6.5  9.2  11.0  11.4  9.9
              San Bernardino    2.0  2.7  3.8  4.6  5.7   6.9   7.9   7.4
              Twentynine Pines  2.6  3.6  5.9  7.9  10.1  11.2  11.2  10.3
              Victorville       2.3  3.1  4.9  6.7  9.3  10.0  11.2  9.8
---------------------------------------------------------------------------
San Diego     Chula Vista       2.2  2.7  3.4  3.8  4.9   4.7   5.5   4.9
              Escondido         2.1  2.8  3.8  4.7  5.6   6.7   6.8   6.5
              Oceanside         2.2  2.7  3.4  3.7  4.9   4.6   4.6   5.1
              Pine Valley       1.5  2.4  3.8  5.1  6.0   7.0   7.8   7.3
              Ramona            2.1  2.5  4.0  4.7  5.6   6.5   7.3   7.0
              San Diego         2.2  2.5  3.3  3.4  4.4   4.0   4.6   4.6
              Santee            2.1  2.7  3.7  4.5  5.5   6.1   6.6   6.2
              Warmer Springs    1.6  2.7  3.7  4.7  5.7   7.6   8.3   7.7
---------------------------------------------------------------------------
San           San Francisco     1.5  1.3  2.4  3.0  3.7   4.6   4.9   4.8
  Francisco
---------------------------------------------------------------------------
San Joaquin   Farmington        1.5  1.5  2.9  4.7  6.2   7.6   8.1   6.8
              Lodi              0.9  1.5  2.9  5.1  6.5   7.0   7.7   7.7
              Manteca           1.5  1.5  3.0  4.7  6.4   7.6   8.1   6.8
              Stockton          0.8  1.5  2.9  4.7  6.2   7.4   8.1   6.8
              Tracy             1.0  1.5  2.9  4.5  6.1   7.3   7.9   6.7
---------------------------------------------------------------------------
San Luis      Arroyo Grande     2.0  2.2  3.2  3.8  4.3   4.7   4.3   4.6
  Obispo
              Atascadero        1.2  1.5  2.8  3.9  4.5   6.0   6.7   6.2
              Morro Bay         2.0  2.2  3.1  3.5  4.3   4.5   4.6   4.6
              Paso Robles       1.6  2.0  3.2  4.3  5.5   6.3   7.3   6.7
              San Luis Obispo   2.0  2.2  3.2  4.1  4.9   5.3   4.6   5.5
              San Miguel        1.6  2.0  3.2  4.3  5.0   6.4   7.4   6.8
              San Simeon        2.0  2.0  2.9  3.5  4.2   4.4   4.6   4.3
---------------------------------------------------------------------------
San Mateo     Half Moon Bay     1.5  1.7  2.4  3.0  3.9   4.3   4.3   4.2
              Redwood City      1.5  1.8  2.9  3.8  5.2   5.3   6.2   5.6
---------------------------------------------------------------------------
Santa         Carpenteria       2.0  2.4  3.2  3.9  4.8   5.2   5.5   5.7
  Barbara
              Guadalupe         2.0  2.2  3.2  3.7  4.9   4.6   4.5   4.6
              Los Alamos        1.8  2.0  3.2  4.1  4.9   5.3   5.7   5.5
              Lompoc            2.0  2.2  3.2  3.7  4.8   4.6   4.9   4.8
              Santa Barbara     2.0  2.5  3.2  3.8  4.6   5.1   5.5   4.5
              Santa Maria       1.8  2.2  3.2  4.0  5.0   5.1   5.1   5.1
              Solvang           2.0  2.0  3.3  4.3  5.0   5.6   6.1   5.6
---------------------------------------------------------------------------
Santa Clara   Gilroy            1.3  1.8  3.1  4.1  5.3   5.6   6.1   5.5
              Los Gatos         1.5  1.8  2.8  3.9  5.0   5.6   6.2   5.5
              Palo Alto         1.5  1.8  2.8  3.8  5.2   5.3   6.2   5.6
              San Jose          1.5  1.8  3.1  4.1  5.5   5.8   6.5   5.9
---------------------------------------------------------------------------
Santa Cruz    San Cruz          1.5  1.8  2.6  3.5  4.3   4.4   4.8   4.4
              Watsonville       1.5  1.8  2.7  3.7  4.6   4.5   4.8   4.2
---------------------------------------------------------------------------
Shasta        Burney            0.7  1.0  2.1  3.5  4.9   5.9   7.4   6.4
              Fall River Mills  0.6  1.0  2.1  3.7  5.0   6.1   7.8   6.7
              Glenburn          0.6  1.0  2.1  3.7  5.0   6.3   7.8   6.7
              Redding           1.2  1.4  2.6  4.1  5.6   7.1   8.5   7.3
---------------------------------------------------------------------------
Sierra        Downieville       0.7  1.0  2.3  3.5  5.0   6.0   7.4   6.2
              Sierraville       0.7  1.1  2.2  3.2  4.5   5.9   7.3   6.4
---------------------------------------------------------------------------
Siskiyou      Happy Camp        0.5  0.9  2.0  3.0  4.3   5.2   6.1   5.3
              Mt. Shasta        0.5  0.9  2.0  3.0  4.5   5.3   6.7   5.7
              Tulelake          0.5  0.9  2.1  3.4  5.3   5.9   7.9   6.7
              Weed              0.5  0.9  2.0  2.5  4.5   5.3   6.7   5.5
              Yreka             0.6  0.9  2.1  3.0  4.9   5.8   7.3   6.5
---------------------------------------------------------------------------
Solano        Fairfield         1.1  1.7  2.8  4.0  5.5   6.1   7.8   6.0
              Rio Vista         0.9  1.7  2.8  4.4  5.9   6.7   7.9   6.5
---------------------------------------------------------------------------
Sonoma        Cloverdale        1.1  1.4  2.6  3.4  5.0   5.9   6.2   5.6
              Fort Ross         1.2  1.4  2.2  3.0  3.7   4.5   4.2   4.3
              Hearldsburg       1.2  1.5  2.4  3.5  5.0   5.9   6.1   5.6
              Lincoln           1.2  1.7  2.8  4.7  6.1   7.4   8.4   7.3
              Petaluma          1.2  1.5  2.8  3.7  4.6   5.6   4.6   5.7
              Santa Rosa        1.2  1.7  2.8  3.7  5.0   6.0   6.1   5.9
---------------------------------------------------------------------------
Stanislaus    La Grange         1.2  1.5  3.1  4.7  6.2   7.7   8.5   7.3
              Modesto           0.9  1.4  3.2  4.7  6.4   7.7   8.1   6.8
              Newman            1.0  1.5  3.2  4.6  6.2   7.4   8.1   6.7
              Oakdale           1.2  1.5  3.2  4.7  6.2   7.7   8.1   7.1
              Turlock           0.9  1.5  3.2  4.7  6.5   7.7   8.2   7.0
---------------------------------------------------------------------------
Sutter        Yuba City         1.3  2.1  2.8  4.4  5.7   7.2   7.1   6.1
---------------------------------------------------------------------------
Tehama        Red Bluff         1.2  1.8  2.9  4.4  5.9   7.4   8.5   7.3
              Corning           1.2  1.8  2.9  4.5  6.1   7.3   8.1   7.2
---------------------------------------------------------------------------
Trinity       Hay Fork          0.5  1.1  2.3  3.5  4.9   5.9   7.0   6.0
              Weaverville       0.6  1.1  2.2  3.3  4.9   5.9   7.3   6.0
---------------------------------------------------------------------------
Toulomme      Groveland         1.1  1.5  2.8  4.1  5.7   7.2   7.9   6.6
              Sonora            1.1  1.5  2.8  4.1  5.8   7.2   7.9   6.7
---------------------------------------------------------------------------
Tulare        Alpaugh           0.9  1.7  3.4  4.8  6.6   7.7   8.2   7.3
              Badger            1.0  1.3  2.7  4.1  6.0   7.3   7.7   7.0
              Dinuba            1.1  1.5  3.2  4.7  6.2   7.7   8.5   7.3
              Porterville       1.2  1.8  3.4  4.7  6.6   7.7   8.5   7.3
              Visalia           1.0  1.8  3.4  5.4  7.0   8.2   8.4   7.2
---------------------------------------------------------------------------
Ventura       Oxnard            2.2  2.5  3.2  3.7  4.4   4.6   5.4   4.8
              Thousand oaks     2.2  2.7  3.4  4.5  5.4   5.9   6.7   6.4
              Ventura           2.2  2.7  3.2  3.8  4.6   4.7   5.5   4.9
---------------------------------------------------------------------------
Yolo          Davis             1.0  1.9  3.3  5.0  6.4   7.6   8.2   7.1
              Winters           1.7  1.7  2.9  4.4  5.8   7.1   7.9   6.7
              Woodland          1.0  1.8  3.2  4.7  6.1   7.7   8.2   7.2
---------------------------------------------------------------------------
Yuba          Brownsville       1.1  1.4  2.6  4.0  5.7   6.8   7.9   6.8
---------------------------------------------------------------------------
---------------------------------------------------------------------------
              Average           1.4  1.9  3.2  4.6  6.0   6.9   7.6   6.8
              Max               3.2  4.4  6.7  8.9  11.1  12.4  12.8  11.1
              Min               0.5  0.7  1.7  2.5  3.7  .3.5  3.7   3.7
---------------------------------------------------------------------------
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+
 
*******************************************************************************
******* This is piece 2. -- It begins at character 76 of table line 1. ********
*******************************************************************************
 
------------------------------
                          Ann.
 Sep    Oct   Nov   Dec   Eto
------------------------------
 5.3    3.2   1.5   0.9   47.2
 4.8    3.1   1.4   0.9   41.8
------------------------------
 4.4    2.6   1.2   0.5   40.5
------------------------------
 5.3    3.2   1.4   0.9   48.9
------------------------------
 5.4    3.7   1.7   1.0   51.7
 5.4    3.7   1.7   1.0   51.9
 3.7    1.7   1.0   51.5
------------------------------
 5.3    3.2   1.4   0.7   48.8
------------------------------
 5.7    3.5   1.7   1.0   51.4
 5.3    3.4   1.6   1.0   50.8
------------------------------
 4.4    2.9   1.2   0.7   40.3
 5.2    3.2   1.4   0.7   48.3
 5.3    3.2   1.4   0.7   48.0
 4.8    3.2   1.3   0.7   43.4
 4.7    3.1   1.2   0.7   41.8
 5.0    3.2   1.3   0.7   45.4
------------------------------
 3.0    2.0   0.9   0.5   27.7
------------------------------
 5.1    3.1   1.5   0.9   47.3
------------------------------
 5.3    3.4   1.4   0.7   51.4
 5.3    3.4   1.6   0.7   50.9
 5.4    3.4   1.5   0.9   52.1
 5.2    3.2   1.4   0.6   51.1
 5.3    3.4   1.4   0.7   51.3
 5.3    3.4   1.4   0.7   51.2
 5.3    3.4   1.4   0.7   51.6
 5.3    3.4   1.4   0.7   51.3
------------------------------
 5.8    3.8   1.7   1.1   53.3
 5.3    3.6   1.7   1.0   51.3
------------------------------
 3.0    2.0   0.9   0.5   27.5
 3.0    2.0   0.9   0.5   27.5
 3.8    2.4   1.0   0.7   34.9
 3.8    2.4   0.9   0.7   35.6
------------------------------
 8.4    6.2   3.5   2.1   84.2
 8.6    6.5   3.8   2.3   86.9
 8.3    6.1   3.3   2.0   81.7
 8.6    6.2   3.5   2.1   84.7
 8.9    6.6   4.0   2.6   91.5
------------------------------
 7.4    4.8   2.5   1.6   68.3
 8.3    5.4   2.9   1.7   79.1
 7.1    3.9   2.0   1.5   65.2
 7.1    4.2   2.6   1.5   67.6
 8.4    6.2   3.4   2.1   83.1
------------------------------
 5.3    3.4   1.7   1.0   51.9
 5.3    3.5   1.6   0.9   52.4
 5.4    3.4   1.5   0.9   52.0
 5.3    3.5   1.4   0.7   52.0
 5.9    3.4   1.9   1.0   49.5
 7.3    4.9   2.7   1.7   74.8
 7.1    5.1   2.6   1.7   72.4
 5.0    3.2   1.7   0.9   48.4
 5.0    3.9   0.8   0.4   49.0
 5.4    3.4   1.5   0.9   52.1
 5.34  #3.54  1.7   1.0   51.2
 5.9    3.4   2.1   1.2   52.9
------------------------------
 5.8    3.4   1.4   0.7   53.1
 5.4    3.4   1.4   0.7   51.5
 5.9    3.7   1.7   1.0   54.6
 5.4    3.4   1.4   0.7   51.7
------------------------------
 4.7    2.9   1.2   0.9   42.8
 5.0    3.1   1.3   0.9   45.4
------------------------------
 4.7    2.8   1.2   0.5   44.9
 4.6    2.8   1.2   0.5   44.0
------------------------------
 5.4    4.0    2.6  2.0   51.7
 5.7    4.2   2.6   2.0   53.1
 5.9    3.6   2.4   1.1   52.4
 7.3    4.6   2.8   1.7   71.1
 5.0    3.9   2.6   2.0   50.1
 4.5    3.4   2.4   2.0   44.0
 6.7    4.2   2.6   1.7   64.8
 5.6    4.2   2.6   2.0   52.3
 6.4    4.0   2.6   1.6   59.9
 4.4    2.8   2.4   2.0   42.6
 5.3    3.9   2.6   2.0   52.0
------------------------------
 5.3    3.4   1.4   0.7   51.4
 5.3    3.4   1.4   0.7   51.5
 5.2    3.4   1.4   0.7   50.5
------------------------------
 4.4    2.8   1.4   0.7   39.8
 4.3    2.7   1.3   0.7   35.8
------------------------------
 5.3    3.4   1.4   0.7   48.8
 5.0    3.4   1.4   0.7   49.0
 4.4    2.9   1.1   0.6   41.4
------------------------------
 3.0    2.3   1.2   0.7   29.0
 3.0    2.3   1.2   0.7   29.6
 4.5    2.8   1.3   0.7   40.9
 4.5    2.8   1.3   0.7   40.9
------------------------------
 5.3    3.4   1.4   0.7   51.5
 5.3    3.4   1.4   0.7   50.0
------------------------------
 4.7    2.7   1.2   0.5   43.0
------------------------------
 3.8    2.8   1.8   1.3   36.7
 6.5    5.2   2.2   1.3   49.6
 5.3    3.6   2.0   1.2   49.1
 3.5    2.8   1.9   1.5   36.0
 4.0    2.9   1.9   1.3   39.1
 5.2    3.7   2.2   1.5   47.7
------------------------------
 4.8    3.1   1.4   0.9   44.1
 4.8    3.1   1.5   0.9   44.3
------------------------------
 5.3    3.2   1.5   0.9   48.0
 5.3    3.2   1.4   0.9   47.4
------------------------------
 4.7    3.7   2.5   2.0   48.2
 4.4    3.4   2.4   2.0   43.2
------------------------------
 5.4    3.4   1.6   1.0   50.6
 4.6    2.9   0.9   0.6   40.5
 5.3    3.2   1.4   0.9   47.9
 4.1    2.5   0.7   0.7   35.4
 4.1    2.4   0.8   0.6   35.5
 4.1    2.4   0.8   0.6   36.2
------------------------------
 4.4    2.8   1.2   0.5   40.2
 4.3    2.7   0.9   0.5   39.4
------------------------------
 6.0    3.9   2.6   1.7   55.0
 9.1    6.7   4.0   2.7   92.9
 8.9    6.2   3.8   2.4   88.1
 9.0    6.4   3.9   2.6   90.0
 5.8    3.9   2.6   2.0   55.0
 8.9    6.4   3.8   2.4   87.6
 8.4    6.1   2.7   1.8   75.1
 7.2    5.9   2.7   1.7   71.1
 6.1    4.2   2.6   2.0   56.6
------------------------------
 5.6    3.7   1.7   1.0   52.2
 5.4    3.7   1.7   0.9   51.9
------------------------------
 5.0    3.5   1.7   1.1   45.1
------------------------------
 8.9    6.1   3.3   2.1   86.6
 8.6    5.7   3.3   2.1   83.6
 5.9    4.2   2.6   2.0   54.6
 5.4    3.5   2.2   1.6   50.8
 8.9    6.6   4.0   2.7   92.1
 7.4    5.0   3.0   1.8   75.3
 5.9    4.2   2.6   2.0   55.6
 8.6    5.9   3.4   2.2   82.9
 7.4    5.1   2.8   1.8   74.6
------------------------------
 4.5    3.4   2.4   2.0   44.2
 5.4    3.8   2.5   2.0   52.6
 4.1    3.3   2.4   2.0   42.9
 6.0    4.0   2.2   1.7   54.8
 5.6    3.9   2.5   1.7   53.4
 3.9    3.3   2.2   2.0   40.6
 5.4    3.8   2.6   2.0   51.1
 6.3    4.0   2.5   1.3   56.0
------------------------------
 4.1    2.8   1.3   0.7   35.1
------------------------------
 5.3    3.3   1.4   0.7   50.0
 5.2    3.1   1.3   0.7   49.5
 5.3    3.3   1.4   0.6   50.1
 5.3    3.2   1.4   0.6   49.1
 5.3    3.2   1.3   0.7   48.5
------------------------------
 3.8    3.2   2.4   1.7   40.0
 5.0    3.2   1.7   1.0   43.7
 3.8    3.5   2.1   1.7   39.9
 5.1    3.7   2.1   1.7   49.0
 4.4    3.5   2.4   1.7   43.8
 5.1    3.7   2.1   1.4   49.0
 3.5    3.1   2.0   1.7   38.1
------------------------------
 3.5    2.8   1.3   1.0   33.7
 4.8    3.1   1.7   1.0   42.8
------------------------------
 4.5    3.4   2.4   2.0   44.9
 4.1    3.3   2.4   1.7   41.1
 4.4    3.7   2.4   1.6   44.6
 3.9    3.2   2.4   1.7   41.1
 3.4    2.4   1.8   1.8   40.6
 4.5    3.5   2.4   1.7   43.7
 4.4    3.7   2.2   1.6   45.6
------------------------------
 4.7    3.4   1.7   1.1   43.6
 4.7    3.2   1.7   1.1   42.9
 5.0    3.2   1.7   1.0   43.0
 5.2    3.3   1.8   1.8   45.3
------------------------------
 3.8    2.8   1.7   1.2   36.6
 4.0    2.9   1.8   1.2   37.7
------------------------------
 4.4    2.9   0.9   0.6   40.9
 4.6    2.8   0.9   0.5   41.8
 4.7    2.8   0.9   0.6   42.1
 5.3    3.2   1.4   0.9   48.8
------------------------------
 4.7    2.8   0.9   0.6   41.3
 4.3    2.6   0.9   0.5   39.6
------------------------------
 4.1    2.4   0.9   0.5   35.1
 4.0    2.2   0.7   0.5   36.0
 4.4    2.7   0.9   0.5   41.2
 3.7    2.0   0.9   0.5   34.9
 4.3    2.5   0.9   0.5   39.2
------------------------------
 4.8    3.1   1.4   0.9   45.2
 5.1    3.2   1.3   0.7   47.0
------------------------------
 4.5    2.8   1.4   0.7   40.7
 3.4    2.4   1.2   0.5   31.9
 4.5    2.8   1.4   0.7   40.8
 5.4    3.7   1.9   1.2   51.9
 4.5    2.9   1.4   0.9   39.6
 4.5    2.9   1.5   0.7   42.0
------------------------------
 5.3    3.4   1.4   0.7   51.2
 5.0    3.4   1.4   0.7   49.7
 5.0    3.4   1.4   0.7   49.3
 5.1    3.4   1.4   0.7   50.3
 5.1    3.4   1.4   0.7   50.2
------------------------------
 4.7    3.2   1.2   0.9   46.7
------------------------------
 5.4    3.5   1.7   1.0   51.1
 5.3    3.7   1.7   1.7   50.7
------------------------------
 4.5    2.8   0.9   0.7   40.1
 4.4    2.7   0.9   0.7   40.0
------------------------------
 5.1    3.3   1.4   0.7   47.5
 5.1    3.2   1.4   0.7   47.6
------------------------------
 5.4    3.4   1.4   0.7   51.6
 4.8    3.3   1.4   0.7   47.3
 5.3    3.4   1.4   0.7   51.2
 5.3    3.4   1.4   0.7   52.1
 5.7    3.8   1.7   0.9   54.3
------------------------------
 4.0    3.3   2.4   2.0   42.3
 5.4    3.9   2.6   2.0   51.0
 4.1    3.4   2.5   2.0   43.5
------------------------------
 5.4    4.0   1.8   1.0   52.5
 5.3    3.3   1.6   1.0   49.4
 5.4    3.7   1.7   1.0   51.6
------------------------------
 5.3    3.4   1.5   0.9   47.4
------------------------------
------------------------------
 5.3    3.6   1.8   1.1   50.2
 9.1    6.7   4.0   2.7   92.9
 3.0    2.0   0.7   0.4   27.5
------------------------------
76.......+...90....+....0....+
 

 
 


s 497.1. Scope.
 (a) These regulations implement Sections 79035 through 79044, and 79044.9 in  Article 2.5 of Chapter 5 of Division 26 of the Water Code, which Division is the Costa-Machado Water Act of 2000. They establish a process for funding acquisition of property rights and related activities for flood protection corridor projects undertaken by the Department of Water Resources directly or through grants to local public agencies or nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope. Within the geographic scope of the CALFED Bay-Delta Program, funds in the subaccount for this program shall be used for projects that, to the greatest extent possible, are consistent with the CALFED long-term plan identified in the Programmatic Record of Decision of August 28, 2000.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106, Item No. 3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No. 3860-101- 6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water Code 
  
 


s 497.2. Definitions.
The words used in this chapter have meanings set forth as follows:
(a) "A List" means the preferred priority list of projects described in Section 497.6.
(b) "Applicant" means an entity that is acting as the principal party making an application for funding under the provisions of the Costa-Machado Water Act of 2000.
(c) "B List" means the reserve priority list of projects described in Section 497.6.
(d) "CEQA" means the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.
(e) "Department" means the California Department of Water Resources.
(f) "Director" means the Director of the Department of Water Resources.
(g) "FEMA" means the Federal Emergency Management Agency.
(h) "Fully funded" with respect to a grant project means funded to the full amount of the requested funds or to the funding limit, whichever is less.
(i) "Grant application form" means the Department's form entitled "Flood Protection Corridor Program Project Evaluation Criteria and Competitive Grant Application Form" dated April 9, 2003 and incorporated herein by this reference.
(j) "Local public agency" means any political subdivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, or council of governments.
(k) "Milestone" means a time when a significant portion of a project is completed, as defined in the contract as a time for disbursement of grant funds.
(l) "Nonprofit organization" means an organization that does not operate for profit and has no official governmental status, including but not limited to clubs, societies, neighborhood organizations, advisory councils, conservation organizations and privately run local community conservation corps.
(m) "Program" means the Flood Protection Corridor Program established by  Water Code Division 26, Chapter 5, Article 2.5.
(n) "Property interest" means any right in real property, including easement, fee title, and any other kind of right acquired by legally binding means.
(o) "Project" means all planning, engineering, acquisition of real property interests, construction and related activities undertaken to implement a discrete action undertaken under the program pursuant to Water Code Section 79037.
(p) "Sponsor" means an applicant who has received grant funding through the application process described in these regulations.
(q) "Subaccount" means the Flood Protection Corridor Subaccount created by  Water Code Section 79035(a).
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79035, 70937, 79038(a) and 79043, Water Code; and Sections 21000 et seq., Public Resources Code. 
  
 


s 497.3. Program Management Process.
The Department selects, approves, funds, and monitors projects funded by grants under the program. The process of managing the program includes these steps:
(a) The Department shall appoint and maintain a Project Evaluation Team composed of Department staff and other consulting governmental agencies. The Department may request consultation with any appropriate government agency, including but not limited to the Department of Conservation, the Department of Fish and Game, the Department of Food and Agriculture, the Office of Emergency Services, and the CALFED Bay-Delta Program.
(b) Local public agencies or nonprofit organizations qualified under Section 497.4 may apply for program grants for projects at such times as the Department may designate. Applications for proposed projects shall be submitted in response to a solicitation issued by the Department. As long as uncommitted funds remain available to fund new projects, the Department shall solicit proposals at least once per calendar year. The time period for submitting applications shall be 90 days from the date notice is given by the Department that project proposals are being solicited. Notices shall be provided to cities, counties, flood control districts, reclamation districts, and other local government entities that manage flood plains and flood control projects. The Department will also provide notice to nonprofit organizations with interest in flood management issues, and shall send notice to all individuals and organizations that have requested notice of the opportunity to submit applications. Notices may be given by mail, electronic mail, website posting, or any other method that provides easy access and prompt availability. Projects shall meet the requirements of Section 497.5. Applications shall meet the requirements of Section 497.7.
(c) The Project Evaluation Team shall review each application and evaluate the subject project within 60 days of the close of the specified submittal period, or within 60 days of receipt of requested additional information, whichever is later.
(d) The Project Evaluation Team shall notify the Department to request the applicant to provide additional information within 30 days of the Department's request if:
(1) The project appears potentially eligible but is missing information needed to evaluate the merits of the project, or
(2) Additional information is needed to evaluate the merits of the project in comparison to others received.
(e) If the requested additional information cannot be provided in 30 days, the applicant may refile its application with the additional information at the Department's next solicitation of proposals.
(f) When a proposal that meets minimum qualifications is complete and all requested additional information has been supplied, the Project Evaluation Team shall complete the evaluation of the project including recommending its place on a priority list as described in Section 497.6.
(g) After each solicitation of proposals, Department staff, using the evaluations and recommended priorities of the Project Evaluation Team, shall recommend projects, priority, and amounts per project to be funded and submit the recommendations to the Director for approval of the priority lists. Department staff may recommend:
(1) Allocating any portion of the available funds to projects managed and funded directly by the Department.
(2) Allocating any or all of the remaining available funds to grants for projects on the A List, until all A List projects are fully funded.
(3) Allocating the remaining available funds to grants for projects on the B List, provided all A List projects are fully funded.
(4) Allocating partial funding to one or more of the projects on the priority list currently being funded.
(h) Department staff will apply a maximum funding guideline of $5,000,000 per project in its recommendations to the Director, although the staff may recommend funding above the guideline and the Director may increase the amounts for individual projects if necessary to achieve the goals of the program.
(i) The Director will determine the final content and priority order of the lists and the amount of funding for each project. The total funding of all projects on the Director-approved priority lists may be less than or more than the funding available.
(j) If the total funding for all projects on the Director-approved priority lists is less than available funds, staff will wait until the next solicitation of proposals to resubmit unfunded projects or submit new projects to the Director for listing.
(k) After the establishment of satisfactory Director-approved priority lists, the Department shall hold public hearings, if required by Section 497.8 or the Department deems advisable, on the projects to be funded. After consideration of the results of the public hearing, if the unfunded project first in priority order still meets the requirements of Section 497.5, if program funds remain, and if the applicant desires to pursue the project, Department staff will recommend the Director award a grant to the applicant. When the Director approves grant funding for the project, the applicant becomes the project sponsor.
(l) Prior to expending any funds, the Department and the sponsor shall enter into a grant contract as specified in Section 497.9.
(m) Grant funds will be disbursed as provided in the contract to reimburse costs incurred by the sponsor, but not for the following:
(1) Project activities that could affect the environment, until the sponsor complies with all applicable requirements of CEQA and other environmental laws, and
(2) Project activities requiring permits, until the permits are obtained.
(3) Property rights for which the public hearing required in Section 497.8 has not been held.
(n) The Department may withhold up to 10 percent of each disbursement, as specified in the contract, to ensure completion of the project.
(o) When the project is completed to the satisfaction of the Department and the sponsor has provided a completion report as described in Section 497.10 and a maintenance plan as described in Section 497.11, the Department will notify the sponsor that the project is accepted and will pay any withheld funds.
(p) The sponsor shall provide for permanent maintenance of the project until the Department determines that maintenance is no longer necessary. The Department will monitor and enforce project maintenance as described in Section 497.11.
(q) In rare cases, the need for project maintenance may end. The sponsor may present evidence in writing that maintenance will no longer be necessary after a certain date or after certain conditions occur. The Department, at its sole discretion, may determine in advance that maintenance will no longer be necessary after the specified date or after the occurrence of the specified conditions.
(r) If the Department determines that maintenance is now no longer necessary or will no longer be necessary after a certain future date, the sponsor after such determination or such future date, whichever is applicable, shall return to the State the principal and unused proceeds of any maintenance trust funds originating from a grant under this program.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79038(a), 79042, 79044(a) and 79044(b), Water Code; and California Code of Regulations, Title 1, Section 15004(b). 
  
 


s 497.4. Qualifications of Applicants; Disbursement of Program Funds.
 (a) An applicant for grant funds for a project may be a local public agency, a nonprofit organization, or an organization representing more than one local public agency or nonprofit organization. On approval of the application and granting of funds, such organization may remain a sponsor, or may transfer such approval to another eligible organization to sponsor the project, subject to concurrence from the Department.
(b) The Department may perform projects using program funds, or may transfer program funds to other State agencies to perform projects pursuant to an interagency agreement.
(c) The Department may participate with local agencies, nonprofit organizations, other State agencies, and federal agencies in performing projects. The Department shall not award grants to participants in such projects, but shall contribute program funds directly for payment of its share of the costs.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79037(a), Water Code. 
  
 


s 497.5. Eligible Projects and Priorities for Grant Funding.
 (a) Grant funding will be available for projects that:
(1) Meet or will meet statutory requirements, as follows:
(A) The California Conservation Corps or community conservation corps is used when feasible (Water Code Section 79038(b)).
(B) No proposed acquisitions of property interests for the purpose of protecting or enhancing flood protection corridors while preserving or enhancing agricultural use are fee interests unless the Department has considered all practical alternatives (Water Code Section 79039(a)).
(C) All proposed acquisitions of property interests are from willing sellers  (Water Code Section 79040).
(D) If the project includes acquisitions of property interests, it also includes a plan to minimize the impact on adjacent landowners (Water Code Section 79041).
(E) If the project includes acquisitions of property interests, a public hearing has been held or will be held before acquiring the property interest (Water Code Section 79042).
(F) The applicant certifies that it can maintain the project, using a trust fund established with grant funds if necessary (Water Code Section 79044).
(2) Are designed to do one or more of the following (Water Code Section 79037(b)):
(A) Acquire property interests to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use.
(B) Set back existing levees and strengthen or modify related levees.
(C) Acquire property interests in a floodplain that cannot reasonably be protected from floods.
(D) Acquire property interests to protect or enhance a flood protection corridor while preserving or enhancing wildlife value.
(3) Are located at least partially in one or more of the following:
(A) A FEMA Special Flood Hazard Area.
(B) An area that would be inundated if the project were completed and an adjacent FEMA Special Flood Hazard Area were inundated.
(C) A floodway designated by The Reclamation Board under Water Code Section 8402(f).
(D) An area below the elevation of the 100-year recurring flood, shown on a locally adopted base flood elevation map based on a hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.
(E) An area demonstrated to the satisfaction of the Department of Water Resources to be hydrologically equivalent to one of those described in Subparagraphs (A), (B), or (D).
(b) Highest priority under the program will be given to projects that meet the requirements of Subsection (a), that the Department has given high priority for purposes of flood protection, and that:
(1) The Department of Conservation has given high priority for purposes of preserving agricultural land under the California Farmland Conservancy Program, or
(2) The Department of Fish and Game has given high priority for purposes of wildlife habitat protection or restoration.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 8402(f), 79037(b), 79038(b), 79039(a), 79040, 79041, 79042, 79044(a) and 79044(b), Water Code. 
  
 


s 497.6. Priority Lists and Criteria for Setting Project Priority.
 (a) The Department shall establish two priority lists of projects after each solicitation of proposals. The preferred list (A List) will contain those projects qualifying for highest priority in Section 497.5(b), and the reserve list (B List) all other projects qualified under Section 497.5(a). Within those lists, the Department will prioritize projects on a project value derived from a numeric evaluation of applications as set forth in the grant application form.
(b) To assist in evaluating individual project applications, the Department may consult with the applicant, interested stakeholders, local agencies, State agencies or federal agencies with an interest in or jurisdiction over any of the items listed in Subsection (c).
(c) In establishing the project value, the Department will consider the criteria in Sections IV, V and VI of the grant application form, giving approximately equal weight to each section.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79038(a), Water Code. 
  
 


s 497.7. Application for Grant Funding.
Applicants for grant funding under the program shall file a complete grant application with the Department including a grant application form. The Department shall not revise the grant application form during any period in which project proposals are being solicited. A complete application shall contain the completed grant application form and at least the following information:
(a) A description of the proposed project including:
(1) A statement of the problem being addressed.
(2) A discussion of the ways that the project addresses the problem and satisfies the purposes described in Section 497.5(a)(2).
(3) A description of the project approach.
(4) A discussion of the expected outcome and benefits of the project.
(5) A description of the geographic boundaries of the project.
(6) Verification that the project is located at least partially in one of the qualifying areas listed in Section 497.5(a)(3).
(7) A description and justification of any proposed use of program funds for flood control system or water system repairs performed as part of an easement program or a project developed or financed under the program (Water Code Section 79043).
(8) A demonstration that the project is technically feasible.
(9) A hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.
(10) A complete initial study environmental checklist as required by Section 15063(f), Title 14, California Code of Regulations, and if available, a completed Environmental Impact Report or other environmental documentation as required by CEQA.
(11) A list of required permits for the project and an implementation plan for their procurement.
(b) Maps and drawings as necessary to describe the project, including:
(1) A vicinity map.
(2) A map indicating location of project features and boundaries of affected property.
(3) Drawings or sketches of project features as necessary to describe them.
(c) A financial summary including:
(1) The estimated cost of the project broken down by task.
(2) The estimated flood control benefits of the project.
(3) The amount of the grant requested.
(4) The estimated amount to be funded by the applicant.
(5) Identification of any other parties contributing to the cost, and the amounts and activities to be funded by them.
(d) A summary of proposed property acquisition rights including:
(1) Identification of each property.
(2) Names, addresses and telephone numbers of the property owners and lessees or tenants.
(3) The type of property rights to be acquired (such as easement or fee title).
(4) Evidence that affected landowners are willing participants in any proposed real property transactions.
(5) A justification of any proposed acquisition of fee interest in property to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use (Water Code Section 79037(b)(1)) which includes:
(A) Reason for the fee title acquisition.
(B) Alternatives considered to fee title acquisition for each property.
(C) Proposed final disposition of the property.
(D) Effect on county property tax revenue.
(e) A tentative work plan for the project including:
(1) A timetable for execution of the project.
(2) A task breakdown for the project.
(3) A description of how services of the California Conservation Corps, or local community conservation corps will be used in the project.
(f) A list of names and addresses of owners of all property interests in parcels adjacent to those for which acquisition of property rights is proposed.
(g) If property rights are to be acquired for the project, or if a need is indicated in environmental review documentation prepared for the project pursuant to CEQA, a plan to minimize the impact of the project on adjacent property owners, including but not limited to the following (Water Code Section 79041):
(1) An evaluation of the impact on floodwaters.
(2) The structural integrity of affected levees.
(3) Diversion facilities.
(4) Current and historic agricultural practices on the project site and in the vicinity.
(5) Timber extraction operations.
(6) An evaluation with regard to maintenance.
(h) A description of the input and participation that local groups and affected parties provided in the preparation of the work plan and application.
(i) A statement relative to the use of a trust fund for maintenance, or any proposed alternative, as specified in Water Code Section 79044.
(j) Either or both of the following, depending on applicability:
(1) An analysis of the project benefits to wildlife habitat.
(2) A description of project actions to preserve agricultural land.
(k) A statement of qualifications for the project team.
(l) A written statement by an attorney certifying that the applicant is authorized to enter into a grant agreement with the State of California.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037(b), 79038(b), 79039(a), 79040, 79041, 79043, 79044(a) and 79044(b), Water Code; Sections 21000 et seq., Public Resources Code; and California Code of Regulations, Title 14, Section 15063(f). 
  
 


s 497.8. Public Hearings.
Public hearings for projects shall conform to the following:
(a) The Department shall hold public hearings for all projects requiring acquisition of property rights, prior to acquisition of those rights, and may hold public hearings for other projects as it deems advisable.
(b) Hearings shall be held in the county or one of the counties where the project is located. If all or a portion of the project is in a municipality, the hearing shall be held in the municipality or one of the municipalities where the project is located.
(c) The Department shall give notice of the hearing in accordance with the following:
(1) Notice shall be given by mail at least 10 days before the hearing to the Board of Supervisors of the affected county or counties, adjacent landowners, affected water districts, local municipalities, individuals and organizations that have requested notice, and other interested parties as determined by the Department.
(2) Notice of the hearing shall be given to the general public by publication in at least one newspaper of general circulation in the local community for at least once a week for two successive weeks.
(3) The notice shall set the time and place of the hearing which shall be not less than 10 days following the completion of publication. The notice shall state that the purpose of the hearing is to inform and obtain comment from the public on the proposed acquisition of property rights for the project or projects. The notice may include other specific subjects pertaining to the project.
(4) Additionally, notice may be circulated by electronic mail, web site posting or other methods that provide easy access and prompt availability.
(d) Any owner of land in or adjacent to the project or other interested person may offer and the Department shall receive any relevant evidence or testimony concerning the proposed property acquisitions or other subject specified in the hearing notice or by the hearing officer.
(e) The Department shall prepare a summary of comments made at the hearing.
(f) Within 30 working days after the public hearing, the Department shall make the summary of comments available.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79042, Water Code. 
  
 


s 497.9. Grant Contract Requirements.
 (a) Before the Department will enter into a grant contract, the sponsor shall develop a work plan satisfactory to the Department. To assist the sponsor to develop a work plan, the Department may visit the project site to assess its conditions and needs and may confer with the project sponsor, project supporters, and other local officials, agencies, and organizations with an interest in the project. The Department may convey recommendations and information obtained from these efforts to the sponsor. The work plan shall reflect the specific schedule and components of the project. The sponsor may revise the work plan from time to time during project execution with the approval of the Department.
(b) The project sponsor, and all members of a joint sponsoring organization, shall provide copies of resolutions from their organizations accepting the grant and authorizing specific individuals to sign the contract on behalf of each.
(c) The Department may enter into a contract before the sponsor has obtained all applicable permits, but may not disburse any funds to be used for project construction until the sponsor has complied with all applicable federal, State, and local laws, rules and regulations, and obtained all required permits,
(d) If a contract is not signed within six months of the date the grant is awarded, the grant may be withdrawn.
(e) All contracts shall be signed by the sponsor, and, if the sponsor is a joint sponsoring organization, all the member organizations. If the sponsor is a nonprofit organization that is not incorporated, it must designate a fiscal agent satisfactory to the Department to act on its behalf, and provide evidence that the fiscal agent agrees to so act.
(f) The contract shall require the sponsor to make a progress report to the Department, as described in Section 497.10, as a prerequisite to each grant disbursement. The Department will monitor progress and may withhold up to 100 percent of the currently requested grant payment if progress is not satisfactory.
(g) The contract shall require the sponsor to submit a written completion report as described in Section 497.10.
(h) The contract shall provide that during planning and construction the Department may inspect the project at any reasonable time to ensure it is being carried out in accordance with the work plan, and after completion to ensure that it is being properly maintained.
(i) The contract shall specify the percentage of each payment, not to exceed 10 percent, to be withheld to ensure completion of the project.
(j) The contract shall either define project completion milestones, at which time payment of grant funds will be made for completed work, or state that payment will be made quarterly in arrears upon receipt of invoices.
(k) The contract shall require the sponsor to prepare a maintenance plan as described in Section 497.11.
(l) The contract shall provide, but not be limited to the following:
(1) The sponsor will assure that the project will be operated, maintained, repaired, replaced and rehabilitated until the Department determines that it is no longer necessary.
(2) The sponsor will perform the maintenance with its own forces, or will employ another agency or organization satisfactory to the Department.
(3) The sponsor will control encroachments on the project facilities and properties, whether unauthorized or permitted, and will not permit any encroachments that will adversely affect the function or maintenance of the project facilities and properties.
(4) The Department shall have access at all times to monitor the effectiveness of maintenance of the completed facilities and the properties for which interests were purchased.
(5) If the Department deems maintenance measures, repairs, replacements or rehabilitation necessary, and the sponsor does not, in the opinion of the Department, provide these services promptly, the Department may upon 30 days' written notice enter upon the property and perform the required work, and bill the sponsor and the sponsor will pay the cost of any work so performed.
(6) The sponsor will hold and save the State free and harmless from any and all claims or damages arising out of or in connection with the planning, design, construction, operation, maintenance, repair, replacement, or rehabilitation of the project facilities and properties.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79044(a), Water Code. 
  
 


s 497.10. Progress Reports.
 (a) The sponsor shall submit project progress reports to the Department that include the following:
(1) Records of expenditures.
(2) Description of project activities since the previous report.
(3) Status of the project relative to the progress schedule.
(4) Key issues that must be resolved.
(5) Results of project monitoring.
(b) The first progress report shall be made three months after contract award or upon submittal of the first invoice, whichever comes first.
(c) Intermediate progress reports shall be made quarterly or upon reaching a milestone, whichever the contract requires.
(d) The sponsor shall submit a completion report that shall constitute the final progress report and must include:
(1) All items required in Subsections (a)(1) through (a)(3).
(2) Photographs of the before-project condition.
(3) Photographs of planning and restoration activities and techniques.
(4) Photographs of the completed condition.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037 and 79043, Water Code. 
  
 


s 497.11. Maintenance Plan.
The sponsor shall provide a maintenance plan satisfactory to the Department that shall include:
(a) A description of the facilities and properties to be maintained.
(b) The name of the maintaining agency.
(c) A description of periodic maintenance activities that will be performed, and the frequency and timing of performance.
(d) A statement about the source of funds for the maintenance. If a trust fund is established for maintenance under the provisions of Water Code Section 79044, the statement shall include information about the expected sufficiency of the trust fund proceeds and the need for and source of additional funding.
(e) A certification under penalty of perjury that the sponsor can pay for maintenance of the land to be acquired and the project facilities from funds available to the sponsor, including any trust fund proceeds.
(f) A provision requiring the sponsor to provide annual pictorial reports to the Department each year between July 1 and July 15, describing the maintenance activities performed during the year and any maintenance problems that currently exist.
(g) A provision that the sponsor assures that the maintenance measures or repairs that the Department deems necessary will be promptly taken or made.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79044(a) and 79044(b), Water Code. 
  
 


s 497.12. Audits and Record Keeping.
 (a) All sponsor records and documents pertaining to the grant shall be maintained by the sponsor until three years after the final payment of grant funds is made.
(b) All sponsor records and documents pertinent to the grant shall be available for inspection and audit by the Department or the State Auditor during normal business hours.
(c) The Department or the State Auditor may audit the records of the project at any time within three years after final payment of grant funds.
 
  Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037 and 79044(a), Water Code. 
  
 


s 499.1. Scope.
 (a) These regulations implement Article 8 of Chapter 5 of Division 26 of the Water Code, which is the Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000. They establish a process for funding feasibility studies and designs for flood protection projects that may be implemented by local public entities under the Yuba Feather Flood Protection Program.
(b) Administrative costs of not more than 5 percent of the total amount deposited in the subaccount for this program as set forth in Water Code section 79068.18 shall be allocated to the Department of Finance for the purpose of issuing bonds and auditing the program.
(c) Department of Water Resources costs for administering this program shall also be funded by the subaccount, but are not included in the amount set forth in section 79068.18.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6 and 79068.18, Water Code; and 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6010. 
  
 
 


s 499.2. Definitions.
The words used in these regulations have the meanings set forth as follows:
(a) "Applicant" means a local public entity which has legal authority and jurisdiction to implement flood control programs in the geographic area of consideration and files an application for funding under the provisions of the Bond Law.
(b) "Bond Law" means the Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act, as set forth in Article 8 of Chapter 5 of Division 26 of the Water Code (commencing with section 79068).
(c) "Department" means the California Department of Water Resources.
(d) "CEQA" means the California Environmental Quality Act.
(e) "Design" means all activities following a feasibility study leading to physical definition of the project in sufficient detail to facilitate project implementation.
(f) "Economic feasibility" is determined by calculating the ratio of economic benefits to economic costs for a given alternative. A project is "economically feasible" when this ratio is greater than or equal to one.
(g) "Eligible study cost" means the cost of a reimbursable activity associated with feasibility studies incurred by a local public entity.
(h) "Eligible design cost" means the cost of a reimbursable activity associated with design incurred by a local public entity.
(i) "Feasibility study" means an investigation resulting in a report that provides the information for design and implementation of a project, and demonstrates whether the described approach is economically and technically feasible and appropriate for implementation.
(j) "Implementation" means those actions taken to put a designed project into effect, including both the construction of project works and carrying out a program for flood damage reduction that does not require construction.
(k) "Local public entity" means any political subdivision of the State of California, including, but not limited to, any county, city, city and county, district, joint powers agency, or council of governments within the geographic area of consideration.
(l) "Recipient" means an applicant who has received grant funding through the feasibility study or design funding application process.
(m) "Tributaries" means those watercourses that currently flow to the Yuba River, the Feather River or the Colusa Drain.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6, 79068.8, 79068.10 and 79068.14, Water Code. 
  
 


s 499.3. Geographic Area of Consideration.
Only applicants with flood control jurisdiction in the following geographic areas will be considered eligible for feasibility study or design funding:
(a) Yuba and Feather Rivers and their tributaries; and/or
(b) That area of Colusa and Glenn Counties known as the Colusa Drain and its tributaries; and/or
(c) Sutter County, for the purposes of implementing Section 79068.12 of the California Water Code.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6 and 79068.10(g) and (i) and 79068.12, Water Code. 
  
 


s 499.4. Feasibility Studies.
 (a) The Department shall administer a grant program to fund feasibility studies consistent with the Bond Law. Feasibility studies funded under this Chapter shall determine the engineering, hydrogeologic, environmental, economic and financial feasibility of a flood protection project proposed for implementation. The proposed project must be consistent with Water Code Section 79068.6.
(b) Feasibility study results will provide the information needed to develop a design and/or implementation funding application. This information includes, but is not limited to:
(1) A description of the selected plan and alternatives considered, including illustrations and maps showing project features as appropriate to the type of project, signed by an engineer registered pursuant to California law.
(2) Information demonstrating the engineering feasibility of the project.
(3) Information regarding the economic feasibility of the alternatives considered, including a detailed discussion of the types of benefits derived and their associated costs.
(4) A discussion of the least cost alternative compared to the proposed project. The least cost alternative should produce similar results and must also be economically, technically, financially and environmentally feasible.
(5) Information regarding the physical and financial need for the project.
(6) A timetable for project completion.
(7) An estimated total cost of the project showing details of project costs.
(8) Information that demonstrates how applicants will comply with all local, state, and federal requirements, including but not limited to: the regulatory requirements of the Federal Energy Regulatory Commission, the US Army Corps of Engineers and others; CEQA, the National Environmental Policy Act, state and federal Endangered Species Acts, and the federal Clean Water Act. Applicants must comply with CEQA and the California Endangered Species Act before implementation funding can be secured.
(9) A list of all permits which will be required for project implementation, with a plan and schedule for obtaining those permits and disclosure of any anticipated problems.
(10) A statement listing all relevant local land use plans or general plans, and describing how the proposed project relates to those plans.
(11) The amount of state funding requested, the sources and amounts of other funds to be applied toward the project, and other information regarding the financial feasibility of the project.
(12) A disclosure of all known public support and opposition to the project at the time of application. This includes comments received during the public review process from all interested individuals in the area impacted by the project.
(c) Studies to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(d) The Department may fund up to 100 percent of eligible study costs.
(e) The Department may require the applicant to submit an "Alternatives Report" early in the process of preparing the feasibility study. This report shall describe all potential structural and nonstructural alternatives of a proposed project, discuss criteria for screening potential alternative projects and describe how the screening criteria are to be applied. The report shall contain discussions of interim coordination and outreach programs. For those alternatives being carried forward for more detailed evaluation, the report shall discuss the economic and technical feasibility and the environmental benefits of each alternative as well as potential adverse environmental impacts.
(f) Feasibility studies shall incorporate multi-objective watershed perspectives. As a guideline for an acceptable approach, the applicant should consider the analytical methods described inEconomic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies, promulgated by the United States Water Resource Council, 1983 (U.S. Government Printing Office, Washington D.C. March 10, 1983). Copies of this document are available through the Department.
(g) Funding of a feasibility study under this chapter does not obligate the Department to fund implementation of a proposed project.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79068.10, Water Code. 
  
 


s 499.4.1. Designs.
 (a) The Department shall administer a grant program to fund designs for projects consistent with the Bond Law. Designs funded under this Chapter shall use information from an approved feasibility study to develop a set of plans and specifications that could be used to advertise for construction and/or to develop an implementation package for non-constructed features of a project.
(b) Designs will provide the information needed to begin project implementation. This information includes, but is not limited to:
(1) For constructed works:
a. Drawings showing project features, with enough specificity and completeness so that a general contractor could understand the intent of and bid on the project. All drawings shall be signed by an engineer registered pursuant to California law.
b. Project specifications complementing the drawings and providing the written description of project needs.
c. A detailed cost estimate showing the total project costs by line item, and including labor and material costs. The estimate shall be certified by an engineer registered pursuant to California law.
d. A design analysis or report showing the engineering calculations that were used to determine the size and types of materials used in the design.
(2) For program not requiring construction:
a. A full description of all actions to be taken to implement the program, including drawings, charts or diagrams where appropriate, with enough specificity and completeness so that a person or agency knowledgeable in the appropriate field could understand and carry out the program.
b. A full description of the results expected from actions taken.
c. A detailed estimate of the costs, broken down into individual tasks or subtasks to the satisfaction of the Department.
d. A design analysis or report describing how each action was determined and substantiating its expected effectiveness.
(3) For all projects, a schedule for project implementation showing the time in calendar days required to complete the project as determined by use of a preliminary Critical Path Method (CPM) diagram. All tasks and times required for each task shall be shown.
(c) Designers shall follow all applicable federal, state, local and industry standards. For projects which will, if implemented, fall under the jurisdiction of The Reclamation Board, applicable state standards include the Reclamation Board standards, as found in Title 23, Division 1, Chapter 1, Article 8, of the California Code of Regulations.
(d) The local public entity shall provide to the Department an information copy of the design criteria, standards or guidelines used by its designer. This information will be provided before the final design is submitted to the Department for review.
(e) Designs to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(f) The Department may fund up to 100 percent of eligible design costs.
(g) Funding of a design under this Chapter does not obligate the Department to fund the implementation of a proposed project.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6 and 79068.10, Water Code. 
  
 


s 499.4.1.1. Early Allocation of Implementation Funds.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580 and 79068.6, Water Code. 
  
 


s 499.4.1.2. Advance Preparation for Right of Way Acquisition.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79086.14, Water Code. 
  
 


s 499.4.2. Implementation.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6, 79068.8, 79068.10 and 79068.14, Water Code. 
  
 


s 499.5. Eligible Grant Funding Activities.
 (a) Feasibility studies or designs for projects identified in Water Code Section 79068.6 (a)-(i) are eligible for up to 100 percent grant funding.
(b) Eligible study costs include those costs directly related to preparing the grant application, provided the application is approved for grant funding, conducting the feasibility studies, and preparing related documentation in accordance with CEQA.
(c) Eligible design costs include only those costs directly related to preparing the design grant application, provided the application is approved for grant funding, and conducting the design in accordance with an approved feasibility study and Environmental Impact Report or Negative Declaration prepared in accordance with CEQA.
(d) The Bond monies may only be used for feasibility study or design activities identified in subsections (a), (b) and (c) through (e) of this Section if the applicant demonstrates that it will be able to ensure the operation and maintenance of the completed project.
(e) Other provisions of these regulations notwithstanding, entities with flood control jurisdiction within Sutter County are eligible for reimbursement and funding under the provisions of Water Code Section 79068.12. Reimbursement and funding shall be accomplished pursuant to a letter agreement between the Department and Sutter County which will provide for payment upon receipt of invoices for costs incurred for the local share of Federal and State cost shared projects.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6, 79068.8, 79068.10, 79068.12 and 79068.14, Water Code. 
  
 


s 499.6. Feasibility Study Application.
Applicants for feasibility study funding shall file a complete application with the Department. A complete application shall contain the following technical information:
(a) A description of the feasibility study, and alternatives with illustrations or maps indicating project features as appropriate to the type of project, signed by a Registered California Civil Engineer.
(b) A map indicating the study areas.
(c) A task breakdown for the feasibility study.
(d) A timetable for execution of the feasibility study in a Gantt chart (bar graph) format.
(e) An estimated total cost for the study, including a breakdown of the study costs.
(f) The amount of State funding requested, the sources and amounts of any other funds to be applied toward the study, and other information regarding the financial feasibility of the proposed project(s).
(g) Information regarding each of the factors identified in California Water Code Section 79068.10.
(h) Copies of any studies previously prepared that support an application for a feasibility study grant.
(i) Citations of the applicant's statutory enabling laws and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(j) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(k) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code. 
  
 


s 499.6.1. Design Application.
Applicants for design funding shall file a complete application with the Department. A complete application shall contain the following technical information:
(a) A description of the project.
(b) A feasibility study meeting the requirements set forth in Section 499.4 above, demonstrating that the project is economically feasible.
(c) Documentation of compliance with CEQA as required in Section 499.6.2.
(d) A task breakdown for the design showing all activities expected to occur during the design process.
(e) A timetable for execution of the design in a Gantt chart (bar graph) format.
(f) An estimated total cost for the design, including a detailed breakdown of design costs by task within each project feature.
(g) The amount of State funding requested and the sources and amounts of any other funds to be applied toward the design.
(h) Citations of the applicant's statutory enabling laws and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(i) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(j) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code. 
  
 


s 499.6.2. Environmental Compliance.
 (a) If an Environmental Impact Report or Negative Declaration is required for the project, a copy of that document must be included with the application for design funding. If the final document has not been adopted by the lead agency at the time the application is submitted, a copy of the public draft may be submitted and the final document substituted for it as soon as it is available. A final document adopted by the lead agency, together with a Notice of Determination, must be submitted within six months after filing the application and within three months after entering into an ensuing design contract.
(b) If CEQA compliance has not been completed at the time an application for design funding is filed, the task breakdown submitted with the application shall include all activities necessary to comply with Subsection (a).
(c) If CEQA compliance has not been completed prior to entering into a design contract, the task breakdown in the contract shall include all activities necessary to comply with Subsection (a).
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code. 
  
 


s 499.6.3. Implementation Application.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068, 79068.6, 79068.8 and 79068.10, Water Code. 
  
 


s 499.7. Application and Funding Process.
 (a) Applications for grant funding for feasibility studies received by November 15, 2000 will be eligible for funding in the following fiscal year, and will be processed on a first-come first-served basis. Applications received after November 15 will be eligible for funding in the next fiscal year after the following year. Award of feasibility study contracts will be subject to availability of funds.
(b) Applications for grant funding for design may be submitted at any time during the year. Applications will be processed on a first-come first-served basis. Award of design contracts will be subject to availability of funds.
(c) The Department shall acknowledge receipt of a complete application in writing within 30 days of receipt.
(d) If the application is not complete, the Department shall send the applicant a letter within 30 days of receipt requesting the additional information.
(e) The applicant may resubmit the application as soon as the additional information is obtained.
(f) Prior to expending any funds, the Department and the applicant shall enter into a grant contract.
(1) All feasibility study contracts shall include a detailed workplan, agreed to by the Department, which plan shall be attached to and become a part of the contract.
(2) All design contracts shall include a task breakdown for the design, agreed to by the Department, showing all activities expected to occur during the design process, which shall be attached to and become a part of the contract.
(3) If a contract is not signed within six months of the date the application is approved, the grant may be withdrawn or the application revised.
(4) Grant funds shall be paid on a reimbursable basis at least quarterly but no more often than monthly at the Department's discretion, subsequent to submittal and approval of study or design cost invoices.
(5) If the applicant fails to meet the requirements of Section 499.6.2, no further payments will be made pursuant to a design contract until a final CEQA document has been adopted and a Notice of Determination has been filed. Payments may be reinstated at the Department's discretion at that time.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code. 
  
 


s 499.8. Recordkeeping.
 (a) The recipient shall maintain all records and documents pertaining to the grant for three years after completion of the feasibility studies or designs and any subsequent projects.
(b) All grant recipients shall submit a feasibility study or design progress report that includes a record of expenditures to the Department quarterly, commencing three months from the date of grant award and ending with the acceptance of the completed feasibility study or design.
(c) All recipients' records and documents pertinent to the grant shall be available for inspection and audit by the Department during normal business hours.
 
  Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6 and 79068.8, Water Code. 
  
 

s 500. Purpose and Authority.
These regulations are adopted by the Department of Water Resources pursuant to  Public Resources Code Section 21082 to implement, interpret, and make specific those provisions of the California Environmental Quality Act (Division 13, Public Resources Code, commencing with Section 21000) which supplement the requirements of the Rules and Regulations promulgated by the Secretary of the Resources Agency (Title 14, Cal. Admin. Code, commencing with Section 15000, hereinafter cited as the "State CEQA Guidelines").
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Sections 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050. 
  
 

s 501. Incorporation of State CEQA Guidelines.
 (a) The State CEQA Guidelines (Title 14, Division 6, Chapter 3) are hereby incorporated by reference as if fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given them in the State Guidelines, unless the context clearly requires a different meaning.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Section 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050. 
  
 


s 502. Additional Definitions.
In addition to the terms used in the State CEQA Guidelines, the following terms used in this regulation have the following meanings:
(a) Department. Department means the Department of Water Resources.
(b) Director. Director means the Director of Water Resources or the person to whom he has delegated the authority to carry out the activities referred to in the State CEQA Guidelines and this subchapter.
(c) Project Proponent. Project Proponent means the person who undertakes an activity which involves Department financing or regulation.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Sections 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050. 
  
 


s 503. Fees for Preparation of Negative Declaration or EIR.
 (a) The Department may charge and collect a reasonable fee from a person proposing a project for which the Department must prepare an EIR or Negative Declaration. The fee will be an amount which will recover the costs incurred by the Department in preparing such EIR or Negative Declaration.
(b) Where the Department will charge a fee for preparation of an EIR, it shall charge and collect a deposit as provided in this section. The amount of the deposit shall be calculated as follows:
(1) The minimum deposit shall be $600 for projects with estimated capital costs of $20,000 or less. The maximum deposit shall be $150,000 for projects with estimated capital costs of $160,000,000 or more. The scale of other deposits is set forth in the tabulation below:
Estimated Capital Cost
of Proposed Project
From                   To                            Deposit
$     20,000           $    100,000         $ 600+3.00% of excess over $20,000
$    100,000           $  1,000,000     $ 3,000+1.00% of excess over $ 100,000
$  1,000,000           $ 10,000,000  $ 12,000+0.20% of excess over $ 1,000,000
$ 10,000,000           $100,000,000 $ 30,000+0.10% of excess over $10,000,0000
$100,000,000           $160,000,000 $120,000+0.05% of excess over $100,000,000
 
(2) The Department shall separately account for the deposit collected and the charges thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. A final accounting shall be rendered by the Department after the Final EIR is considered and adopted.
(3) If in the final accounting the deposit exceeds the actual costs incurred by the Department for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the deposit, the project proponent shall be billed for the difference.
(4) The Director may adjust or waive deposits for minor projects. For projects with an estimated capital cost of more than $1,000,000, the Director may permit payment of the deposit in increments.
(5) No such EIRs shall be presented to the Department for approval or adoption until the project proponent has reimbursed the Department for the costs of preparation and processing of the EIR.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Section 21089, Public Resources Code. 
  
 


s 504. Categorically Exempt Activities.
In compliance with the requirements of the State CEQA Guidelines, the following list of categorically exempt activities of the Department has been compiled. This list is subject to the limitations on categorical exemptions set forth in the State CEQA Guidelines. This list does not preclude categorical exemptions of other activities that come within the State CEQA Guidelines.
(a) Class I consists of the operation, repair, maintenance or minor alteration of the following facilities where there is negligible or no expansion of use beyond that previously existing:
(1) Conservation Facilities of the State Water Project;
(2) Transportation Facilities of the State Water Project;
(3) Power Facilities of the State Water Project;
(4) Recreation Facilities of the State Water Project;
(5) Flood Control Facilities which are direct responsibility of the Department or which are the responsibility of the Department as "Maintenance Area";
(6) Data Collection Facilities of the Department;
(7) Dams subject to the jurisdiction of the Department's Division of Safety of Dams;
(b) Class II includes replacement or reconstruction of existing structures and facilities where required at the facilities listed in Class I.
(c) Class III includes the location and construction of minor accessory structures and the installation of new equipment where required at the facilities listed in Class I.
(d) Class IV includes minor public or private alterations to land, water or vegetation which do not involve the removal of mature, scenic trees where required at the facilities listed in Class I.
(e) Class V includes the issuance of minor encroachment permits to facilities of the State Water Project in areas with less than a twenty percent slope which do not result in changes in land use or density.
(f) Class VI includes the collection of basic data, research and experiments carried out by the Department which are necessary for planning and feasibility studies, investigations and preparation of environmental documents.
(g) Class IX includes the inspection of dams and flood control facilities.
(h) Class XI includes the construction or placement of minor structures accessory to the facilities listed in Class I.
(i) Class XII includes the sale of surplus property of the Department, as limited by the State CEQA Guidelines.
(j) Class XIII includes acquisition of land by the Department for fish and wildlife conservation purposes where the land will be preserved in its natural condition. This class also includes the transfer of such land to the Department of Fish and Game.
(k) Class XVI includes the acquisition of land in order to establish a park as limited by the State EIR Guidelines. This class also includes the transfer of such land to the Department of Parks and Recreation.
(l) Class XXI includes the enforcement of the orders or terms and conditions of certificates of approval issued by the Department including but not limited to those issued by the Division of Safety of Dams, the revocation or enforcement of permits and licenses issued under the California Weather Resources Management Act and the enforcement or revocation of encroachment permits or easements.
(m) Class XXII includes the Department's training programs which involve no physical alteration of the area affected.
(n) Class XXV includes the acquisition of land by the Department or transfer of such land in order to preserve open-space, as limited by the State CEQA Guidelines.
(o) Class XXVII includes the leasing of privately-owned office space by the Department, as limited by the State CEQA Guidelines.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Section 21082, Public Resources Code. 
  
 


s 505. State Guidelines.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Sections 21082, 21083, Public Resources Code. 
  
 


s 506. Department.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Sections 21000-21176, Public Resources Code. 
  
 


s 507. Director.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Sections 21000-21176, Public Resources Code. 
  
 


s 508. Environmental Documents.
 
  Note:   Authority cited: Section 21082 Public Resources Code. Reference:  Sections 21082, 21061, 21064, 21092, 21108, 21161. 
  
 
 


s 509. Project Proponent.
 
  Note:   Authority cited: Section 21082, Public Resources Code. Reference:  Sections 21000-21176, Public Resources Code. 
  
 

s 510. Applicability.
This chapter establishes procedures for public participation in the determination of a revenue requirement and standards for whether the revenue requirement is just and reasonable. The regulations in this chapter are not intended to implement, interpret, or make specific any other duties or responsibilities of the department under the Act.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80003, 80004, 80100, 80102, 80110, 80134 and 80200(d), Water Code. 
  
 

s 511. Definitions.
 (a) "Act" means Chapter 4 of the First Extraordinary Session of 2001 of the California Legislature (commonly known as "AB1X"), as amended by Chapter 9 of the First Extraordinary Session of 2001 of the California Legislature, and as codified in part as Division 27 of the California Water Code.
(b) "Comment" means any written communication to the department regarding a proposed determination, including additional material proposed for consideration by the department, submitted in accordance with this chapter, and excluding information received at a workshop, if one is held.
(c) "Commission" means the California Public Utilities Commission.
(d) "Department" means the State of California Department of Water Resources, acting under the authority and powers granted by the Act, and not under its powers and responsibilities with respect to the State Water Resources Development System or with respect to any other program it administers.
(e) "Determination" means a determination by the department of a revenue requirement of a certain amount that, together with any moneys on deposit in the Electric Power Fund, is sufficient to provide the amounts necessary to pay obligations authorized by the Act, and that such revenue requirement is just and reasonable.
(f) "Electric Power Fund" means the Department of Water Resources Electric Power Fund established by Water Code section 80200.
(g) "Mailed" means deposited with the United States Postal Service with postage prepaid. If agreed to by the recipient, the mailing of any notice under this chapter may be accomplished by electronic-mail.
(h) "Material" means data and other factual information, technical, theoretical, and empirical studies or reports.
(i) "Notice" means a notice of opportunity to submit comments, unless otherwise specified.
(j) "Proposed determination" means a department proposal to issue a determination, presented for public comment as described in this chapter.
(k) "Rate Agreement" means the rate agreement between the department and the commission approved pursuant to Decision 02-02-051 of the commission.
(l) "Record" means, with respect to any given determination, the notices issued under this chapter with respect to the determination, written comments submitted in response to the notices, material relied on by the department, the proposed determination, requests for reconsideration, and the determination. "Record" does not include information submitted in any form at a workshop, if one is held.
(m) "Revenue requirement" means an amount, or a revision to the amount, to be established by the department, and of which the department is to notify the commission, in compliance with Water Code sections 80110 and 80134. Each revenue requirement shall relate to the period of time specified in the determination.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80004, 80110, 80134 and 80200(d), Water Code. 
  
 

s 512. Notice of Opportunity to Submit Comments.
 (a) The department shall provide to interested parties an opportunity to submit comments on each proposed determination made by the department as provided in this chapter.
(b) At least 21 calendar days prior to the close of the opportunity to submit comments on a proposed determination, or upon such shorter or longer time period as the department deems reasonably necessary under the circumstances, a notice shall be:
(1) mailed to every person who has filed a request for notice,
(2) electronically mailed to every person who requests to be notified by electronic e-mail, and
(3) posted on the department's website.
(c) For the purposes of subsection (b), seven calendar days prior to the close of the opportunity to submit comments shall be deemed to be the time period necessary under the circumstances with respect to any revenue requirement required to be filed with the commission pursuant to the second sentence of section 4.1(b) of the Rate Agreement. For the purposes of subsection (b), one business day prior to the close of such opportunity shall be deemed to be the time period necessary under the circumstances with respect to any revenue requirement required to be filed with the commission pursuant to the last sentence of section 4.1(b) of the Rate Agreement.
(d) If, after any notice, the department subsequently provides additional time to submit comments, the department shall provide notice of the additional time by posting a notice on its website, mailing a notice to every person who has filed a request for notice, and electronically mailing a notice to every person who has requested to be notified by electronic mail.
(e) A notice under this section shall include the following:
(1) The mailing and electronic-mail address at which comments must be received, and the deadline for receipt of comments.
(2) A statement explaining where a copy of the proposed determination is available for review. The proposed determination shall include the amount of the proposed revenue requirement, a written explanation of the assumptions and methodologies underlying the proposed determination, a written explanation of how the department reached the proposed determination, and reference to the material relied upon by the department to support the proposed determination.
(3) A statement explaining the process under section 514 for disclosure of certain proprietary or confidential information.
(4) The time and place of a workshop on the revenue requirement if the department, at its discretion, decides to hold a workshop.
(5) The amount of time to be allowed, after the date of electronic publication of the determination, for requests for reconsideration. A reasonable time period shall be allowed, taking into consideration the time constraints for submitting a determination to the commission.
(f) If a notice is given substantially in the manner described in this section, a deficiency in its content or delivery shall not be a basis for invalidating a determination.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code. 
  
 

s 513. Notice of Significant Additional Material Relied Upon.
 (a) If following a notice pursuant to section 512 the department identifies significant material that it intends to rely upon in making its determination, but which was not identified in the proposed determination, the department shall provide notice of such additional material to those persons who received the original notice by the same means as the original notice. The notice will also explain how the material will be made available for review.
(b) A notice of significant additional material shall set a reasonable period of time for receipt of comments on that additional material and state the mailing and electronic-mail addresses at which the comments must be received.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code. 
  
 

s 514. Confidential Information.
The department shall not disclose any proprietary information or other information in the record that the department must keep confidential pursuant to contract or law, but, if such contract or law permits, the department shall make such information available upon receipt, from the person requesting disclosure, of (a) a valid and binding nondisclosure agreement in a form that the department has determined meets the requirements of the applicable contractual or legal confidentiality requirements, and (b) a showing that the disclosure is necessary in order to prepare comments on a determination.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80004, 80110, 80134 and 80200(d), Water Code. 
  
 

s 515. Comments.
 (a) Comments must be in typewritten form and may be submitted by electronic-mail, U.S. mail, or hand delivery, subject to the requirements set forth in this section. All copies must be clear and permanently legible.
(b) Comments must identify the determination that is the subject of the comment by referencing the deadline stated in the notice under section 512 or section 513.
(c) Comments submitted to the department must be signed. Comments submitted on behalf of a business or organization must be signed by a person authorized to comment, and must include the name and title of the signatory, the date of signing, the signatory's business address, and the signatory's business telephone number. Signatures for comments submitted by electronic-mail shall be delivered to the department pursuant to section 515(f).
(d) A signature on submitted comments certifies that the signatory has read the comment and knows its contents; that to the signatory's best knowledge, information, and belief, formed after diligent inquiry, the facts are true as stated; that any legal contentions are warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law; that the comments are not tendered for any improper purpose; and that the signatory has full power and authority to sign the document.
(e) No documents or records submitted as comments which purport to be statements of fact shall be considered by the department, unless the documents or records have been certified to the best of knowledge by the person preparing or in charge of preparing them as being true and correct.
(f) Comments submitted through electronic-mail shall be considered by the department only if an original, signed copy of the comment is also received within three working days after the comment is received electronically.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code. 
  
 

s 516. Determination on the Record.
 (a) After considering comments timely received in response to a notice and otherwise in conformance with the requirements of this chapter, the department shall issue a determination on the record. Upon issuance, the department shall post a copy of a determination on its website and mail or electronically mail a notice of posting to all persons requesting such notification, to all persons who submitted comments on the proposed determination, and to all persons who submitted requests for reconsideration.
(b) Requests for reconsideration shall be considered by the department if submitted within the time set forth in the notice issued pursuant to section 512.
(c) If the department proposes to revise a determination or a revised determination, before or after it is submitted to the commission but prior to the time that the commission order implementing the determination is adopted, the department shall give notice of the proposed revision in the manner specified in section 513. The department shall consider comments received in response to the notice of proposed revision and specifically directed at the proposed revision. The department shall issue a revised determination on the record in the manner specified in section 516(a). A determination revised in accordance with this section, 516(c), shall not be subject to requests for reconsideration.
(d) Each determination, including any revised determination, shall be effective upon issuance pursuant to section 515(a), including for the purpose of submission to the commission at such time as may be determined by the department, notwithstanding any subsequent reconsideration or proposed revision.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code. 
  
 

s 517. Standards.
 (a) To protect ratepayer interests, the record of the determination must demonstrate by substantial evidence that the revenue requirement is just and reasonable, considering the circumstances existing or projected to exist at the respective times of the department's decisions concerning whether to incur the costs comprising such revenue requirement, and the factors which under the Act are relevant to such determination and such decisions, including but not limited to the following:
(1) The development and operation of the program as provided in the Act is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose;
(2) The department must do those things necessary and authorized under chapter 2 of the Act to make power available directly or indirectly to electric consumers in California; provided that except as otherwise stated, nothing in the Act authorizes the department to take ownership of the transmission, generation, or distribution assets of any electrical corporation in the State of California;
(3) Upon those terms, limitations, and conditions as it prescribes, the department may contract with any person, local publicly owned electric utility, or other entity for the purchase of power on such terms and for such periods as the department determines and at such prices the department deems appropriate taking into account all of the factors listed in section 80100 of the Water Code;
(4) The department may sell any power acquired by the department pursuant to the Act to retail end use customers, and to local publicly owned electric utilities, at not more than the department's acquisition costs, including transmission, scheduling, and other related costs, plus other costs as provided in section 80200 of the Water Code;
(5) The department must, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys on deposit in the Electric Power Fund, to provide for all of the amounts listed in section 80134(a) of the Water Code, including but not limited to the repayment to the General Fund of appropriations made to the Electric Power Fund for purposes of the Act; and
(6) Obligations of the department authorized by the Act shall be payable solely from the Electric Power Fund.
 
  Note: Authority cited: Section 80014, Water Code. Reference: Section 80000, 80003, 80100, 80102(b), 80116, 80134 and 80200, Water Code. 
  
 

s 595. General Provisions.
NOTE: Pursuant to a regulation of the Fair Political Practices Commission  (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:
Department of Water Resources 1416 Ninth Street Sacramento, California 95814
Fair Political Practices Commission 1100 "K" Street Sacramento, California 95814
Archives Secretary of State 1020 "O" Street Sacramento, California 95814
The Conflict of Interest Code is designed as Chapter 5 of Division 2 of - Title 23 of the California Code of Regulations, and consists of sections numbered and titled as follows:
Chapter 5. Department of Water Resources - Conflict of Interest Code
 
Section
595.          General Provisions
	Appendix
 
  Note: Authority cited: Sections 87300, and 87306, Government Code. Reference: Sections 87300-87302 and 87306, Government Code. 
  
 

s 600. Draft EIR Procedures.
 
 

s 601. Notice of Completion.
 
 

s 602. Review of Draft EIR.
 
 

s 603. Final EIR Preparation.
 
 

s 604. Processing of Final EIR.
 
 

s 605. Notice of Determination.
 
 

s 606. Final EIR to Local Planning Agencies.
 
 

s 620. General.
 
 

s 621. Consultation As an Approval Agency.
 
 

s 622. Consultation As a Jurisdictional Agency.
 
 

s 623. Consultation As an Agency with Expertise.
 
 

s 624. Review of Sufficiency.
 
 

s 625. Designation of Contact Person.
 
 

s 630. Categorical Exemptions.
 
 


s 649.6. Authority (Conflict of Interest Code).