Loading (50 kb)...'

(continued)
(B) An inspection program for emergency shut-off and isolation valves that control the flow of oil which shall, at a minimum, include that the stems of all such valves be stroked at least once a year.
(3) For any pipeline which is above ground for substantially all of its length, but which has a relatively short portion below ground buried beneath one or more berms or roads, the operator may petition the Division Chief for the application of testing and inspection requirements for the entire pipeline as prescribed under 2 CCR Section 2570(b)(2). Such petitions shall follow the procedures outlined in s 2571.
(c) Any preventative maintenance program shall also include procedures to review proposed changes in operations, including materials transferred, to evaluate potential impacts on pipeline integrity.
(d) Terminal operators shall validate that the preventative maintenance program is being effectively carried out by maintaining documentation which includes, at a minimum, all of the following:
(1) The procedures for carrying out the preventative maintenance program in conformance with the requirements of API 570;
(2) Dates of inspections and tests;
(3) Inspections and test data evaluation including analyses, pipewall thickness measurements and remaining life calculations;
(4) The terminal management's internal audits of the program, including descriptions of controls and corrections for non-conformities;
(5) Repairs, alterations and rerating of piping systems; and
(6) Any other information pertinent to the integrity of pipelines.
(e) Every terminal operator shall provide to the Division access at any time to any documentation required under subsection (d) of this section.


Note: Authority cited: Sections 8755 and 8757, Public Resources Code. Reference: Sections 8751, 8752, 8755, 8756 and 8757, Public Resources Code.


s 2571. Modifications or Alternatives.
(a) Petitions for Modifications or Alternatives.
(1) Any person subject to these regulations may submit a petition to the Division Chief for modifications or alternatives to the requirements of Article 5.5 as applied to the petitioner.
(2) All petitions for modifications or alternatives must be submitted in writing. A petition may be in any form, but is must contain all data and information necessary to evaluate its merits.
(b) Response to Petitions.
The Division Chief shall respond in writing to any petition for modifications or alternatives within 30 days of receipt of the petition.
(c) Approval of Modifications or Alternatives.
(1) The Division Chief may approve any proposed modifications or alternatives to the requirements of Article 5.5 if he or she determines that the proposed modifications or alternatives will fulfill the purpose of these regulations as outlined in subsection (b) of Section 2560 of this Article.
(2) If the Division Chief approves any proposed modification or alternatives under this section, a letter of approval shall be issued to the petitioner setting forth the findings upon which the approval is based.
(3) The Division Chief may withdraw the letter of approval of any modifications or alternative requirements at any time if he or she finds that the person or persons subject to these regulations have not complied with the approved modified or alternative requirements.
(4) Withdrawal of a letter of approval under this section shall be effective upon receipt by the petitioner of written notification of the withdrawal from the Division Chief.


Note: Authority cited: Sections 8755 and 8757, Public Resources Code. Reference: Sections 8751, 8752, 8755, 8756 and 8757, Public Resources Code.




Note: Authority cited: Section 6108, Public Resources Code. Division 6 (Section 6100, et seq.), Division 13 et seq.) and Division 20 (Section 30000, et seq.), Public Resources Code.


s 2600. Costs.
A contract to reimburse the Commission for costs associated with the cession shall be executed by the United States and the Commission prior to publication of notice of hearing. The procedure for determining the reimbursement shall be as set forth in Article 1 of this Chapter at Section 1905.


Note: Authority cited: Section 126, Government Code. Reference: Section 126, Government Code.


s 2601. Notice.
Not more than 30 and not less than 15 days before the hearing, a notice of hearing shall be published one time in a newspaper of general circulation in the area in which the subject land is located. Not less than 10 days before the hearing, personal service shall be made on the clerk of the county board of supervisors and the city council if appropriate. Affidavit of publication and return of service shall be filed with the Commission before the hearing.
The notice shall be entitled "Notice of Hearing to Determine Cession of Jurisdiction by the United States Over Land Known as __________." The notice shall contain a description of the lands and shall set forth the date, the time and place of the public hearing.
The notice shall recite that the hearing shall be had pursuant to Government Code Section 126, and amendments, if any, and shall advise that interested parties may appear personally or through counsel or by letter to present evidence on whether cession of jurisdiction is in the best interests of the State.


Note: Authority cited: Section 126, Government Code. Reference: Section 6110, Public Resources Code.



s 2602. Type of Hearing.
The hearing held pursuant to said published notice may be conducted by both oral and written presentations. The hearing may be before the Commission, or a staff member designated by the Commission to conduct the hearing.


Note: Authority cited: Section 126, Government Code. Reference: Section 6110, Public Resources Code.



s 2603. Procedure on Hearing Argument.
Unless otherwise ordered by the Commission, the person requesting the hearing shall present material evidence in support of his application. After such person rests, any other interested person may present any material evidence in support of or in opposition to such application. The Commission may, in its discretion, limit cumulative evidence and may refuse or allow argument, and in case of allowance, may limit the same.


Note: Authority cited: Section 126, Government Code. Reference: Section 126, Government Code.



s 2604. Evidence.
Oral evidence shall be taken only on oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Hearsay evidence may be received upon a showing satisfactory to the Commission of the difficulty of obtaining direct evidence.


Note: Authority cited: Section 126, Government Code. Reference: Section 126, Government Code.



s 2605. Decision.
After all of the evidence has been received, the Commission shall make its decision at the next regularly scheduled public meeting.


Note: Authority cited: Section 126, Government Code. Reference: Section 6110, Public Resources Code.



s 2606. Extension of Jurisdiction.
Where concurrent criminal jurisdiction has been granted under Government Code Section 126 for five years, any application for renewal and extension of such jurisdiction shall be considered as a new application.
The above regulations governing cessions of jurisdiction shall apply in all cases.


Note: Authority cited: Section 126, Government Code. Reference: Section 126, Government Code.



s 2700. Costs.
A contract to reimburse the Commission for costs associated with the retrocession shall be executed by the United States and the Commission prior to publication of notice of hearing. The procedure for determining the reimbursement shall be as set forth in Article 1 of this Chapter at Section 1905.


Note: Authority cited: Section 113, Government Code. Reference: Section 113, Government Code.


s 2701. Notice.
Not more than thirty (30) and not less than fifteen (15) days before the hearing, a notice of hearing shall be published one time in a newspaper of general circulation in the area in which the subject land is located. Not less than ten (10) days before the hearing, personal service shall be made on the clerk of the county board of supervisors and the city council if appropriate. Affidavit of publication and return of service shall be filed with the Commission before the hearing.
The notice shall be entitled "Notice of Hearing to Determine Retrocession of Jurisdiction by the United States Over Land Known as ____________." The notice shall contain a description of the land and shall set forth the date, time, and place of the public hearing.
The notice shall recite that the hearing shall be had pursuant to Government Code Section 113, and amendments, if any, and shall advise that interested parties may appear personally or through counsel or by letter to present evidence on whether retrocession of jurisdiction is in the best interest of the State.


Note: Authority cited: Section 113, Government Code. Reference: Section 113, Government Code.



s 2702. Type of Hearing.
The hearing held pursuant to said published notice may be conducted by both oral and written presentations. The hearing may be before the Commission, or a staff member designated by the Commission to conduct the hearing.


Note: Authority cited: Section 113, Government Code. Reference: Section 6110, Public Resources Code.



s 2703. Procedure on Hearing Argument.
Unless otherwise ordered by the Commission, the person requesting hearing shall present material evidence in support of his application. After such person rests, any other interested person may present any material evidence in support of or in opposition to such application. The Commission may, in its discretion, limit cumulative evidence and may refuse or allow argument, and in case of allowance, may limit the same.


Note: Authority cited: Section 113, Government Code. Reference: Section 113, Government Code.



s 2704. Evidence.
Oral evidence shall be taken only on oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Hearsay evidence may be received upon a showing satisfactory to the Commission of the difficulty of obtaining direct evidence.


Note: Authority cited: Section 113, Government Code. Reference: Section 113, Government Code.



s 2705. Decision.
After all of the evidence has been received, the Commission shall make its decision at the next regularly scheduled public meeting.


Note: Authority cited: Section 126, Government Code. Reference: Section 6110, Public Resources Code.



s 2800. General.
The provisions of this Article shall apply only to those lessees, lenders, or contract holders who wish to secure Commission findings specified in Public Resources Code Section 6702(b) regarding leases, contracts or other instrument involving granted tide and submerged lands.


Note: Authority cited: Sections 6105, 6108, 6701, 6702, and 6703, Public Resources Code. Reference: Section 6702, Public Resources Code.


s 2801. Procedure.
(a) Applicants desiring Commission findings under Public Resources Code 6702(b) shall:
(1) Complete in full and submit to the Commission, an application approved in form and content by the Commission; and
(2) Cause a grantee report, approved in form and content by the Commission to be completed in full and submitted directly by the legislative grantee; and
(3) Submit additional information as required if the application or grantee report are in any manner inadequate or incomplete.
(b) An inadequate or incomplete application or grantee report for which required additional information is not forthcoming shall be rejected.
(c) The 90-day time limitation specified in Public Resources Code Section 6704 shall commence to run when the application and grantee report, complete in all respects, have been received by the Commission.
(d) Approved application and grantee report forms referred to in this Article are available from and shall be submitted to the principal office of the Commission.


Note: Authority cited: Sections 6105, 6108, 6701, 6703, and 6704, Public Resources Code. Reference: Section 6704, Public Resources Code.



s 2802. Commission Criteria.
The Commission in determining pursuant to Public Resources Code Section 6702(b)(3) whether a lease, contract or other instrument is in the best interest of the State will consider whether the use, project or activity permitted by such instrument is:
(a) Consistent with current Commission policies, practices and procedures used for administering lands within its jurisdiction;
(b) economically viable, necessary and desirable;
(c) appropriate for developmental mix;
(d) conducive to public access;
(e) consistent with environmental protection;
(f) otherwise in the best interests of the state.


Note: Authority cited: Sections 6005, 6105, 6108, 6701, and 6702, Public Resources Code. Reference: Sections 6005, 6701, and 6702, Public Resources Code.



s 2803. Approval Limitation.
Approval by the Commission of any lease, contract or other instrument pursuant to this Article shall not constitute approval of any modification or amendment of such instrument made pursuant to the provisions of such instrument or otherwise. Separate approval shall be required for such modifications or amendments.


Note: Authority cited: Sections 6105, 6108, 6701, and 6706, Public Resources Code. Reference: Section 6706, Public Resources Code.



s 2901. Authority and Purpose.
These regulations are promulgated pursuant to the requirements of Section 21082 of the Public Resources Code and Section 15050 of the California Administrative Code to provide the State Lands Commission with definitions and procedures for orderly and consistent evaluations of projects that are subject to the requirements of the California Environmental Quality Act (CEQA). (Public Resources Code Section 21000, et seq.)


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, Section 15050, California Administrative Code.


s 2902. Applicability of the State EIR Guidelines.
The State EIR Guidelines (14 California Administrative Code Sections 15000, et seq.) are hereby incorporated by reference as though set forth herein in full.


Note: Authority cited: Sections 21082 and 21083, Public Resources Code. Reference: Section 15050(e), Title 14, California Administrative Code.



s 2904. Statutory Exemptions.
The following Commission activity shall be considered ministerial:
The issuance of a patent upon presentation of a valid Certificate of Purchase.


Note: Authority cited: Section 21082, Public Resources Code; and Section 15073(a), Title 14, California Administrative Code. Reference: Section 7729, Public Resources Code; and Sections 15050(c)(1)(B) and 15073(a), Title 14, California Administrative Code.



s 2905. Categorical Exemptions.
The following Commission activities are categorically exempted:
(a) Class 1: Existing Facilities
(1) Remedial, maintenance and abandonment work on oil and gas and geothermal wells involving the alteration of well casings, such as perforating, cementing, casing repair or replacement, installation or removal of down-hold production equipment, cement plugs, bridge plugs, and permanent packers or packers set to isolate producing intervals.
(2) Commission action involving existing structure or facility that is in an acceptable state of repair. This is intended to cover actions of the Commission which in effect authorize continued operation, repair, maintenance or minor alteration of any existing public or private structure or facility, land fill or equipment which meets the above criteria. The Commission may exclude from this class any structure that has been erected without written authorization in the form of a lease or permit from the State Lands Commission.
(b) Class 2: Replacement or Reconstruction
Replacement or reconstruction of deteriorated or damaged structures on State Lands.
(c) Class 3: New Construction of Small Structures
(1) A pier, floating dock, or boathouse, that will occupy no more than 3,000 square feet of State land.
(2) A pier, floating dock, or boathouse, for non-commercial use by more than applicant, applying jointly, where all the applicants are littoral (next to the shore) landowners, such as homeowner's associations, and the littoral parcels are next to one another, that will occupy the following areas of State lands:
Number of Adjacent and
Littoral Landowners Area of Use
2 4,000 sq. ft. or less
3 4,750 sq. ft. or less
4 5,250 sq. ft. or less
5 or more 6,000 sq. ft. or less

(3) Small boat mooring buoys.
(4) A floating platform used solely for swimming.
(5) Buoys for delineating a safety area or designated speed zones, provided that public navigational and fishing rights are not affected.
(d) Class 4: Minor Alteration to Land
(1) Grazing of livestock where disturbance of soil does not occur.
(2) Rebuilding or repair of levees or other protective structure. Minor dredging of material for above purposes.
(3) Removal of derelict or hazardous structures on State waterways or school lands.
(4) Minor periodic maintenance dredging for existing docks and marinas.
(5) Replanting of timber on previously harvested, burned, or barren areas of school lands where extensive site preparation is not permitted.
(e) Class 6: Information Collection
(1) Core hole drilling, operations to obtain foundation design data, to gather data and information for environmental documentation where minimal or no disturbance of the land surface results.
(2) Core hole drilling for the purposes of mineral evaluation pursuant to Public Resources Code Section 6401(b) where minimal or no disturbance of the land surface results.
(3) Surface or underwater biological, geological, geophysical, cultural (archeological/historical), and geochemical surveys where minimal or no disturbance of the land surface results.
(4) Temperature survey holes where minimal disturbance of the surface results.
(5) Wind or water current, temperature, or other monitoring devices.
(6) Salvage exploration where no disturbance of the environment is contemplated.
(f) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources
(1) Lease or permits to public agencies or conservation organizations for wildlife preservation activities, or to the State Department of Parks and Recreation for historical or other cultural activities. Construction activities are not included in this exemption.
(2) Timber harvesting of burned or diseased timber on school lands in accordance with the Forest Practices Act (Public Resources Code, Sections 4511, et seq.).
(g) Class 16: Transfer of Ownership of Land in Order to Create Parks
Lease and permits to person and public agencies for the development of public parks including alterations to the land for such purposes.


Note: Authority cited: Section 21084, Public Resources Code; and Sections 15100 et seq., Title 14, California Administrative Code. Reference: Sections 15100, 15100.2(c), 15100.4, 15101 (Class 1), 15102 (Class 2), 15103 (Class 3), 15104 (Class 4), 15106 (Class 6), 15107 (Class 7), and 15116 (Class 16), Title 14, California Administrative Code.



s 2906. Adequate Time for Review and Comment.
The review period for the final EIR shall be 15 days.


Note: Authority cited: Section 21104, Public Resources Code; and Section 15160(a), Title 14, California Administrative Code. Reference: Section 15160(a), Title 14, California Administrative Code.



s 2951. Authority and Purpose.
These regulations are adopted pursuant to Public Resources Code Section 6370 in order to provide for the permanent protection of lands within Commission jurisdiction which possess significant environmental values.


Note: Authority cited: Sections 6370 and 6370.1, Public Resources Code. Reference: Sections 6370 and 6370.1, Public Resources Code.


s 2952. Significant Lands Inventory.
Pursuant to Public Resources Code Section 6370.2, the Commission prepared a report entitled "Inventory of Unconveyed State School Lands and Tide and Submerged Lands Possessing Significant Environmental Values," approved December 1, 1975. This report shall be available to the public and shall herein be referred to as the "Significant Lands Inventory."


Note: Authority cited: Section 6370 and 6370.2, Public Resources Code. Reference: Sections 6370 and 6370.2, Public Resources Code.



s 2953. Definitions.
(a) Environmentally significant lands: Lands within the jurisdiction of the Commission within which environmentally significant values have been identified pursuant to Public Resources Code Section 6370.1.
(b) Significant environmental values: Those features or characteristics which have been identified pursuant to Public Resources Code Section 6370.1, the criteria for which are set forth in the Significant Lands Inventory.
(c) Use Classification: A classification system designed to provide permanent protection to identify significant environmental values, more particularly described in the Significant Lands Inventory.


Note: Authority cited: Sections 6370 and 6370.1, Public Resources Code. Reference: Sections 6370 and 6370.1, Public Resources Code.



s 2954. Permanent Protection of Environmentally Significant Lands Through CEQA.
Projects which will affect environmentally significant lands will be subject to review by the use of the CEQA process under the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.); the State EIR Guidelines (14 California Administrative Code Sections 15000, et seq.); and the Commission's Regulations for the Implementation of the California Environmental Quality Act (Article 10 of this Chapter).
In order to provide permanent protection to environmentally significant values, projects must be designed to be consistent with the use classifications assigned under the Significant Lands Inventory or pursuant to Public Resources Code Section 6219. If such consistency cannot be accomplished through mitigation or alteration of the project, the project must be denied. The Commission may not apply Section 15089 of the State EIR Guidelines, regarding a Statement of Overriding Considerations, to approve a project which cannot be made consistent with the use classification assigned to the subject parcel.


Note: Authority cited: Sections 6219 and 6370, Public Resources Code. Reference: Sections 6219 and 6370, Public Resources Code.
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:
STATE LANDS COMMISSION
1807 13TH STREET, ROOM 101
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 designated as Article 12 of Chapter 1 of Division 3, Title 2, California Code of Regulations, and consists of sections numbered and titled as follows:
Article 12. Conflict of Interest Code
Section
2970.
General Provisions
Appendix






Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code.


s 2980. Purpose and Scope.
The purpose of this article is to establish, as authorized and required by Government Code Sections 4525 et seq. , procedures for securing architectural, landscape architecture, engineering, environmental, land surveying, and construction project management services.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.


s 2980.1. Definitions.
As used in these regulations, the following terms have the following meaning:
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(b) "Small business" firm is one that meets the definition of small business firm set forth in Title 2, California Code of Regulations, Section 1896(n).
(c) "Commission" is the State Lands Commission.
(d) "Executive Officer" is the Executive Officer of the State Lands Commission or any person designated by the Executive Officer to act on behalf of the Executive Officer.
(e) "Architectural, landscape architectural, engineering, environmental, and land surveying services" includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically and justifiably perform.
(f) "Construction project management" means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Government Code Section 4529.5 for management and supervision of work performed on state construction projects.
(g) "Environmental services" means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. "Environmental services" also includes the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code.
(h) "Publish" shall mean publication of notices describing projects for which architectural, landscape architecture, engineering, environmental, land surveying, or construction project management services will be required in the publications of the respective professional societies and in the State Contracts Register. "Publish" shall also include publication of such notices in electronic form through the Internet.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Section 4525, Government Code.


s 2980.2. Conflict of Interest/Unlawful Activity Prohibited.
Any practice which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, is strictly prohibited, and each Commission employee is specifically prohibited from participating in the negotiation or selection process when that employee has an interest in, or has a personal or business relationship with a person affiliated with, any person or business entity seeking a contract with the Commission or solicited by the Commission for such a contract which would subject that employee to the prohibition of Section 87100 of the Government Code.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Sections 4526 and 87100, Government Code.


s 2980.3. Establishment of General Criteria and Establishment of List of Pre-Qualified Contractors.
(a) The Executive Officer shall publish at least annually a notice that solicits statements of qualification and performance data from firms that provide the services defined in Section 2980.1.
(b) The Executive Officer shall establish and publish a list of relevant general criteria which will form the basis for adding such firms to a list of pre-qualified contractors maintained by the Commission. The general 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, location, familiarity with pertinent regulatory processes, familiarity with project locale, previous experience with a specific type of project, and other considerations deemed relevant.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Section 4527, Government Code.


s 2980.4. Construction Project Management Expertise.
Any individual or firm proposing to provide construction project management services pursuant to these regulations shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Section 4529.5, Government Code.


s 2980.5. Notice and Publication for Specific Projects
(a) The Executive Officer shall publish a statewide announcement of any project or projects requiring architectural, landscape architectural, engineering, environmental, land surveying, or construction management services. Such announcement shall contain, at a minimum, the type of services required, a description of the project, a projected schedule for the project, a description of responsive material that must be submitted by firms not on the Commission's list of pre-qualified firms, and a date before which that responsive material must be submitted to the Commission.
(b) The Executive Officer may, prior to engaging a firm for a specific project, develop and include in the published statewide announcement for the project a list of relevant factors, if any, that may be considered in selecting a contractor for that particular project. Such factors may be considered by the Executive Officer according to the nature of the project, the needs of the State and the complexity and special requirements of that specific project.
(c) The Executive Officer shall endeavor to provide to all small business firms which have indicated an interest in receiving such announcements a copy of each project announcement. Failure of the Executive Officer to send a copy of an announcement to any firm or failure of such firm or firms to receive an announcement sent by the Executive Officer shall not operate to preclude any contract.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Sections 4527 and 4528, Government Code.


s 2980.6. Estimate of Value of Services.
Before any discussion with any firm concerning fees for services provided in connection with a particular project, the Executive Officer shall cause an estimate of the value of such services to be prepared. 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 award of contract or abandonment of any further procedure for the services to which it relates. At any time the Executive Officer 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; and Section 6108, Public Resources Code. Reference: Section 4528, Government Code.


s 2980.7. Negotiation of Contract.
(a) After expiration of the notice/compliance period stated in an announcement, the Executive Officer shall evaluate current statements of qualifications and performance data on file with the Commission, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding the Commission's need for services, and the ability of each firm to provide those services to the Commission for the proposed project in a timely manner. The Executive Officer shall then select therefrom, in order of preference, based upon criteria established pursuant to section 2980.3, no less than three of the firms deemed to be the most highly qualified to provide the services required.
(b) The Executive Officer shall, in accordance with section 6106 of the Public Contracts Code, negotiate a contract with the best-qualified firm for services at compensation that the Executive Officer determines is fair and reasonable to the State of California. Should the Executive Officer be unable to negotiate a satisfactory contract with the firm considered to be the best-qualified at a price the Executive Officer determines to be fair and reasonable to the State of California, negotiations with that firm shall be formally terminated. The Executive Officer shall then undertake negotiations with the second best-qualified firm. Failing accord with the second most qualified firm, the Executive Officer shall terminate negotiations. The Executive Officer shall then undertake negotiations with the third most qualified firm.
(c) Should the Executive Officer be unable to negotiate a satisfactory contract with any of the selected firms, the Executive Officer shall select additional firms in order of their competence and qualifications and continue negotiations in the same manner until a satisfactory agreement is reached.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Sections 4527 and 4528, Government Code.


s 2980.8. Contracting in Phases.
Should the Commission determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions at the time the initial phase is negotiated, provided that the Executive Officer shall have determined that the firm is the best qualified to perform the whole project at a fair and reasonable cost and that 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.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Section 4528, Government Code.


s 2980.9. Amendments.
In instances where the Commission or the Executive Officer orders a necessary change in the character or scope of work to be performed in the course of performance of the contract, the firm's compensation may, by written agreement between the Commission and the firm, be adjusted in an amount which reasonably reflects the value of the change from that character and scope of work which existed prior to the change.


Note: Authority cited: Section 4526, Government Code; and Section 6108, Public Resources Code. Reference: Section 4528, Government Code.





Note: Authority cited: Section 8750, Government Code. Reference: Sections 8750-8756 and 81000, Government Code.


s 3600. Statement of Purposes.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.


s 3604. Eligibility.
(a) To be eligible for funding, an applicant shall meet the following eligibility requirements.
(1) Organizations shall be required to meet the following:
(A) have proof of non-profit status under section 501(c)(3) of the Internal Revenue Code, or under section 23701(d) of the California Revenue and Taxation Code, or be a unit of government.
(B) be consistently engaged in arts programming for a specific number of years prior to time of application;
(C) must comply with the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (as amended), the Age Discrimination Act of 1975, observe provision of the Drug Free Workplace Act, and Government Code sections 11135-11139.5;
(D) must comply with Fair Labor Standards Act; as defined by the Secretary of Labor in part 505 of title 29 of the Code of Federal Regulations.
(E) must have principal place of business in California;
(F) must have completed prior contract evaluations, if applicable;
(G) must have approval of the applicant organization's board of directors or other governing body.
(2) Individuals shall be required to meet the following:
(A) must be a working artist/and show professional competence in an artistic discipline;
(B) must be a resident of California, except for artist applying in the Arts in Public Building Program.
(C) must comply with the Personal Responsibility and Work Opportunity Act of 1996.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code; and 8 U.S.C. Sections 1621, 1641 and 1642.



s 3608. Grants.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.



s 3612. Grant Categories.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.


s 3616. Funding Criteria.
(a) The California Arts Council shall predetermine which program categories shall be awarded contracts for services and which shall be awarded grants. Grants and/or contracts shall be awarded only to those individuals and/or organizations which demonstrate high artistic merit, high standards of performance and administration, promote cross-cultural exchange, serve unique needs created by geographic or other special factors, encourage the development and assimilation of new art forms, and/or demonstrate the problem solving capacities of arts and artists for the general public and the various agencies and institutions that serve them. The California Arts Council shall also consider the effect of the program or project on the artist and/or the organization as well as the community, the capacity to carry out the project, and the need that is demonstrated for the support requested.
(b) The California Arts Council shall not fund with local assistance monies for profit organizations, capital investments, out-of-state travel or expenditures for equipment, except as recommended by the Executive Director, with the approval of the Council and relevant Control agencies.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.



s 3620. Matching Grants, or Contracts.
The California Arts Council may require grants or contracts to be matched. A match is constituted in dollars or in goods or services (in-kind match) from the local organization, school or agency.
(a) The following criteria shall guide the California Arts Council in determining which program, grants or contracts will be matched and the amount of the match:
(1) The ability of the applicants to raise matching dollars.
(2) The extent to which matching dollars addresses program goals and objectives.
(3) The need for the California Arts Council to provide a match for federal dollars awarded to the state and re-granted to local organizations or individuals.
(b) The following match designs shall be considered in Arts Council programs:
(1) Cash match: the applicant must provide for some of the cost of the project and match the California Arts Council dollars. The ratio of the match will vary from program to program for the reasons described in (a) above.
(2) Progressive match: this is a multi-year commitment requiring different match responsibilities each year.
(3) No match: grants or contracts are awarded with no matching requirements.
(4) No-cash match: goods and/or services can be provided in place of cash.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.



s 3624. Program Development Procedures.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.


s 3628. Application Review and Awards Process.
(a) Applicants shall apply under a specific funding category and are required to complete the application forms contained in the relevant publications when applying for a specific grant. The California Arts Council hereby incorporates by reference the specific applications and specific instructions contained within these publications for each program.
(1) Art in Public Buildings Program Instructions and Application 1990-91
(2) Artist Fellowship Program Instructions and Application 1990-91
(3) Artists in Residence
Individual Artist Instructions and Application 1991-92
Multi-Residency Instructions and Application 1990-91
(4) California Challenge Program Instructions and Application 1990-91
(5) Multi-Cultural
Advancement Grant Application and Instructions 1990-91
Entry Grant Instructions and Application 1990-93
(6) Organizational Support Program
Mid-Size and Large Organizations Instructions and Application 1990-91
Small Organizations Instructions and Application 1990-91
Large Budget Organizations Instructions and Application 1990-91
(7) State-Local Partnership Instructions and Application 1990-91
(8) Touring Artist Directory 1990-91
(9) Touring/Presenting Program Instructions and Application 1991-92 and 1992-93
(10) Traditional Folk Arts Program Instructions and Applications 1990-91
(b) The application forms are intended to provide the California Arts Council with information and shall include, but not necessarily be limited to:
(1) Name, mailing address, telephone and social security number.
(2) A description of the project, including a budget, if applicable.
(3) A brief statement of the applicant's objectives and how the proposed project will achieve the objective.
(4) An annual income and expenditure report and if applicable, source of match (Applicants for fellowships, apprenticeships, and commissions are exempted from reporting this information.)
(5) Documentation and support materials. Some examples are videotapes, audio cassettes, slides, catalogs, publicity photos, books and manuscripts.
(c) Upon receipt of an application each application, shall be reviewed by the California Arts Council or its designee for compliance with instructions and completeness and then forward to the peer review panel. Incomplete applications or those not in compliance will not be reviewed by the peer review panel.
(1) Members of the peer review panels shall be approved by the Council. These members shall be from the arts community and provide their expertise in evaluating all aspects of applications. Panels shall be selected by the California Arts Council to represent the diversity of California in terms of geography, gender, ethnicity and arts discipline.
(2) One or more Council Members may be present at peer review panels which meet and discuss each application. After discussion and evaluation of applications according to criteria outlined in each program's instructions, (section 3628(a) above) the panel shall rank each application in accordance with the highest priority for funding. The list of recommendations shall then be presented to the full Council which shall make the final decisions on funding and awards at a public meeting.
(d) Notification of applicant status.
(1) All applicants, those receiving and those denied grant awards, shall be notified by the California Arts Council staff of the Council's decision by mail within ten working days after the public meeting.
(2) Applicants approved for funding shall receive information from the California Arts Council outlining the award agreement, mutual responsibilities and safeguards for the agency and the recipient.
(3) Grant award letters or contract for services agreements shall be signed by the grantee and returned to the agency within 60 days of the date postmarked.
(e) Payment on direct grants.
Grant award payments shall be allocated by either a lump sum award or a partial advance payment with the final payment of the grant award, to be made after evaluation of the project.
(f) Payment on contracts for services.
(1) The California Arts Council shall make payment in arrears on contracts for services, meaning that grantees shall be reimbursed for expenses already incurred. Payment will be made within thirty days after receipt of invoices.
(2) The California Arts Council shall determine when advance payments may be made to recipients of contracts for services. These advance payments shall not exceed 25% of the contract amount at any one time. Those applicants that receive advance payments shall submit invoices for actual expenditures prior to the receipt of any additional funds.
(3) The final 10% of a contract will be withheld until the recipient has submitted the final evaluation report.
(g) The California Arts Council shall not claim ownership, copyright rights, royalties or any other claims to artwork produced as a result of a California Arts Council grant or contract. The California Arts Council may request documentation or copies of artwork for purposes of the California Arts Council record.

Note: Authority cited: Section 8753, Government Code. Reference: Section 8753, Government Code.



s 3629. Limitations on Individual Contract Grants for Aliens.
(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the individual applying for the public benefit.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193 (PRWORA)), (8 U.S.C. s 1621), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 U.S.C. s 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for lessthan one year, are not eligible to receive individual contract grants as set forth in Section 8753, Government Code, except as provided in 8 U.S.C. s 1621(c)(2).
(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) and (c) of the PRWORA (8 U.S.C. s 1641(b) and (c)), any of the following:
(1) An alien who is lawfully admitted for permanent residence under the INA (8 U.S.C. s 1101 et seq.).
(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. s 1158).
(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. s 1157).
(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for a period of at least one year.
(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. s 1253(h)) (as in effect immediately before the effective date of Section 307 of division C of Public Law 104-208) or Section 241(b)(3) of such Act (8 U.S.C. s 1251(b)(3)) (as amended by Section 305(a) of division C of Public Law 104-208).
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. (8 U.S.C. s 1153(a)(7)) (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment.")
(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. s 1522 note)).
(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the California Arts Council. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien to become self-sufficient following separation from the abuser. (continued)