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(continued)
(A) After OES issues this recommendation, the Secretary and OES shall follow the procedures specified in Chapter 6.11 of HSC and any regulations adopted thereto applicable to PIAs or decertification.
(B) If OES recommends an IPA, OES shall work with the Secretary to develop an PIA for the AA.
(C) If the AA fails to sign an PIA within a time frame specified by OES or the Secretary, OES, in its discretion, may either: invoke Section 25533(e) of HSC and issue an NOIESP pursuant to subsection (c)(1), or, recommend that the Secretary decertify the AA pursuant to Section 25404.4(a), Chapter 6.11, of HSC.
(d) When this section requires the service of a notice or other document, service shall be made by certified mail, return receipt requested. A copy of any such notice or document shall be served on the Secretary.
Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25533(e) and (f), Health and Safety Code.
s 2780.7. OES Authority.
Nothing in this Chapter shall limit the authority of OES pursuant to Section 25533(f) of HSC.
Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Sections 25533, 25540.5, 25541.3 and 25543, Health and Safety Code.
s 2785.1. Technical Assistance.
(a) The owner or operator of a stationary source shall closely coordinate with the AA to ensure that appropriate technical standards are applied to the implementation of this chapter.
(b) The owner or operator of a stationary source shall request assistance from the AA when necessary to address compliance with this chapter or safety issues regarding unfamiliar processes.
Appendix A. to Title 19, Division 2, Chapter 4.5, Subchapter 1 Table of Toxic Endpoints
[As defined in Section 2750.2 of this chapter]
_______________________________________________________________________________
Toxic
CAS Number Chemical Name Endpoint
(mg/l)
_______________________________________________________________________________
107-02-8 Acrolein [2-Propenal] 0.0011
107-13-1 Acrylonitrile [2-Propenenitrile] 0.076
814-68-6 Acrylyl chloride [2-Propenoyl chloride] 0.00090
107-18-6 Allyl alcohol [2-Propen-1-ol] 0.036
107-11-9 Allylamine [2-Propen-1-amine] 0.0032
7664-41-7 Ammonia (anhydrous) 0.14
7664-41-7 Ammonia (conc 20% or greater) 0.14
7784-34-1 Arsenous trichloride 0.010
7784-42-1 Arsine 0.0019
10294-34-5 Boron trichloride [Borane, trichloro-] 0.010
7637-07-2 Boron trifluoride [Borane, trifluoro-] 0.028
353-42-4 Boron trifluoride compound with methyl ether (1:1)
[Boron, trifluoro [oxybis[methane]]-, T4 0.023
7726-95-6 Bromine 0.0065
75-15-0 Carbon disulfide 0.16
7782-50-5 Chlorine 0.0087
10049-04-4 Chlorine dioxide [Chlorine oxide (ClO2)] 0.0028
67-66-3 Chloroform [Methane, trichloro-] 0.49
542-88-1 Chloromethyl ether [Methane, oxybis [chloro-] 0.00025
107-30-2 Chloromethyl methyl ether [Methane, chloromethoxy-] 0.0018
4170-30-3 Crotonaldehyde [2-Butenal] 0.029
123-73-9 Crotonaldehyde, (E)-, [2-Butenal,(E)-] 0.029
506-77-4 Cyanogen chloride 0.030
108-91-8 Cyclohexylamine [Cyclohexanamine] 0.16
19287-45-7 Diborane 0.0011
75-78-5 Dimethyldichlorosilane [Silane, dichlorodimethyl-] 0.026
57-14-7 1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-] 0.012
106-89-8 Epichlorohydrin [Oxirane, (chloromethyl)-] 0.076
107-15-3 Ethylenediamine [1,2-Ethanediamine] 0.49
151-56-4 Ethyleneimine [Aziridine] 0.018
75-21-8 Ethylene oxide [Oxirane] 0.090
7782-41- #Fluorine 0.0039
50-00-0 Formaldehyde (solution) 0.012
110-00-9 Furan 0.0012
302-01-2 Hydrazine 0.011
7647-01-0 Hydrochloric acid (conc 37% or greater) 0.030
74-90-8 Hydrocyanic acid 0.011
7647-01-0 Hydrogen chloride (anhydrous) [Hydrochloric acid] 0.030
7664-39-3 Hydrogen fluoride/Hydrofluoric acid (conc 50% or 0.016
greater) [Hydrofluoric acid]
7783-07-5 Hydrogen selenide 0.00066
7783-06-4 Hydrogen sulfide 0.042
13463-40-6 Iron, pentacarbonyl- [Ironcarbonyl (Fe(CO)5), 0.00044
(TB-5-11)-]
78-82-0 Isobutyronitrile [Propanenitrile, 2-methyl-] 0.14
108-23-6 Isopropyl chloroformate [Carbonochloride 0.10
acid,1-methylethyl ester]
126-98-7 Methacrylonitrile [2-Propenenitrile, 2-methyl-] 0.0027
74-87-3 Methyl chloride [Methane, chloro-] 0.82
79-22-1 Methyl chloroformate [Carbonochloridic acid, 0.0019
methylester]
60-34-4 Methyl hydrazine [Hydrazine, methyl-] 0.0094
624-83-9 Methyl isocyanate [Methane, isocyanato-] 0.0012
74-93-1 Methyl mercaptan [Methanethiol] 0.049
556-64-9 Methyl thiocyanate [Thiocyanic acid, methyl ester] 0.085
75-79-6 Methyltrichlorosilane [Silane, trichloromethyl-] 0.018
13463-39-3 nickel carbonyl 0.00067
7697-37-2 nitric acid (conc 80% or greater) 0.026
10102-43-9 nitric oxide [Nitrogen oxide (NO)] 0.031
8014-95-7 Oleum (Fuming Sulfuric acid) [Sulfuric acid, mixture 0.010
with sulfur trioxide]
79-21-0 Peracetic acid [Ethaneperoxoic acid] 0.0045
594-42-3 Perchloromethylmercaptan [Methanesulfenyl chloride, 0.0076
trichloro-]
75-44-5 Phosgene [Carbonic dichloride] 0.00081
7803-51-2 Phosphine 0.0035
10025-87-3 Phosphorus oxychloride [Phosphoryl chloride] 0.0030
7719-12-2 Phosphorus trichloride [Phosphorous trichloride] 0.028
110-89-4 Piperidine 0.022
107-12-0 Propionitrile [Propanenitrile] 0.0037
109-61-5 Propyl chloroformate [Carbonochloridic acid, 0.010
propylester]
75-55-8 Propyleneimine [Aziridine, 2-methyl-] 0.12
75-56-9 Propylene oxide [Oxirane, methyl-] 0.59
7446-09-5 Sulfur dioxide (anhydrous) 0.0078
7783-60-0 Sulfur tetrafluoriden [Sulfur fluoride (SF4), (T-4)-] 00092
7446-11-9 Sulfur trioxide 0.010
75-74-1 Tetramethyllead [Plumbane, tetramethyl-] 0.0040
509-14-8 Tetranitromethane [Methane, tetranitro-] 0.0040
7750-45-0 Titanium tetrachloride [Titanium chloride (TiCl4) 0.020
(T-4)-]
584-84-9 Toluene 2,4-diisocyanate [Benzene, 0.0070
2,4-diisocyanato-1-methyl-]
91-08-7 Toluene 2,6-diisocyanate [Benzene, 0.0070
1,3-diisocyanato-2-methyl-]
26471-62-5 Toluene diisocyanate (unspecified isomer) [Benzene, 0.0070
1,3-diisocyanatomethyl-]
75-77-4 Trimethylchlorosilane [Silane, chlorotrimethyl-] 0.050
108-05-4 Vinyl acetate monomer [Acetic acid ethenyl ester] 0.26
Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 25534.05(a)(5), 25534.5 and 25535(a), Health and Safety Code.
s 2800. Definitions.
For the purposes of these regulations:
(a) "Allowed Expenses" means those expenses incurred by the Office as a direct result of having to repossess apparatus or equipment, hold it, prepare it for sale, and sell it to another local agency.
(b) "Applicant" means any local agency as defined in Government Code Section 8589.10(e) which has submitted a completed "Application to Purchase Fire Vehicle" with the Office.
(c) "Application" means an "Application to Purchase Fire Vehicle" published by the Office.
(d) "Director" means the Director of the Office of Emergency Services.
(e) "Firefighting Apparatus and Equipment" means any vehicle and its associated equipment which is designed and intended for use primarily for fire fighting, as defined in Government Code Section 8589.10(c).
(f) "Information System" means a system which identifies firefighting apparatus and equipment available for acquisition, as well as local agencies which are interested in acquiring firefighting apparatus and equipment.
(g) "Interest Rate" means a rate of interest which shall not exceed one percent less than the rate earned by the Pooled Money Investment Board (Account) on the date the contract is executed.
(h) "Local Agency" means any city, county, special district, or any joint powers agency, composed exclusively of those agencies, which provides fire suppression services. "Local Agency" also includes a fire company organized pursuant to Part 4 (commencing with Section 14825) of Division 12 of the Health and Safety Code.
(i) "Office" means the Office of Emergency Services.
(j) "Resale Contract" means a statement of mutual agreement which, when cosigned by authorized agents of the Office and the local agency, is deemed a valid, enforceable agreement. Resale Contracts are published by the Office.
(k) "Rural Area" means territory which is outside of any urbanized area designated by the United States Bureau of the Census from the 1980 Federal Census.
Note: Authority cited: Section 8589.19(a), Government Code. Reference: State Assistance for Fire Equipment Act (Title 2, Division 1, Chapter 7, Article 5.5 Sections 8589.8-8589.22, Government Code) and Section 16481.1, Government Code.
s 2810. Resale Program -Types of Firefighting Apparatus and Equipment.
(a) Vehicles -The Office will only sell, firefighting vehicles with a minimum water tank capacity of 400 gallons and a minimum pumping capacity of 250 gallons per minute.
(b) Equipment -Any type of equipment which is designed and intended for use primarily for firefighting purposes or which is affixed to or carried upon the vehicles described in section (a) above, may be sold through the resale program, except any type of personal protective breathing apparatus.
(1) Firefighting equipment may, but need not be, affixed to or carried upon a fire vehicle at the time of sale.
Note: Authority cited: Section 8589.19(a) and (b)(1), Government Code. Reference: Sections 8589.10(c), 8589.11, 8589.13(a), 8589.16, 8589.17, 8589.18 and 8589.19(b)(1), Government Code.
s 2815. Repair and Refurbishment of Apparatus and Equipment.
(a) The Office may contract with Prison Industry Authority or with any other public or private sector entity for the repair and refurbishment of used firefighting apparatus and equipment.
Note: Authority cited: Section 8589.19(a), Government Code. Reference: Section 8589.11, Government Code.
s 2820. Time, Format and Manner for Submitting Applications.
(a) The Office will establish an annual 30-day application period in which local agencies may apply for a resale contract.
(b) Local agencies will be notified by letter (with an "Application to Purchase Fire Vehicle" attached), at least 30 days prior to the beginning of the application period, of the dates of the application period, the deadlines for submitting applications and a description of the apparatus and equipment being offered for sale.
(c) All applications received by the Office must be complete and postmarked no later than the last day of the application period. Any application received by the Office which is postmarked after the close of the application period will be held on file for the next annual application period.
(d) A completed application mailed to the Office by a local agency confers no commitment on either the agency or the Office to purchase or sell firefighting apparatus or equipment.
(e) All completed applications received by the Office during the application period will be evaluated by Office staff and ranked in accordance with the following criteria:
(1) Applicant's demonstrated need for primary response firefighting apparatus and equipment:
(2) Applicant's ability to adequately operate and maintain the firefighting apparatus and equipment; and
(3) Applicant's ability to obtain outside financing for the purchase of the firefighting apparatus and equipment.
(f) All applicants will be notified of their rank by the Office within 60 days after the close of the application period.
(g) Applicants will have 14 days from the date they are notified of an offer to view and test the equipment and either accept or reject the offer made to them by the Office. If an applicant does not accept the offer by 5:00 p.m. on the fourteenth day following receipt of notification of the offer, the offer will be deemed revoked by the Office.
(h) Should a local agency decline to accept an offer made by the Office, the Office will notify other local agencies by descending order of rank. This process will continue until the offer is accepted or the applicant list is exhausted.
(i) The Office will permit a local agency to participate in the resale program even if the agency has failed to comply with this Section, if the local agency:
(1) Loses its only primary response firefighting vehicle, and;
(2) Lacks sufficient resources to immediately replace the vehicle, and;
(3) the loss of the vehicle creates a direct threat to their life or property; and;
(4) A majority of the Office's Fire and Rescue Service Advisory Committee approves the resale contract based on the above factors.
Note: Authority cited: Section 8589.19(a) and (b)(3), Government Code. Reference: Sections 8589.19(b)(3), Government Code.
s 2825. Resale Contracts to Local Agencies.
(a) Only local agencies which are located in or serving rural areas will be eligible for financing through the Office.
(b) All non-rural (i.e.; urban) local agencies may still participate in the resale program but these agencies will not be permitted to finance their purchase through the Office.
(c) Local agencies will be eligible to purchase only one firefighting vehicle per year, unless there are no other interested buyers. If there are no other interested buyers and the Office still has additional fire vehicles available for sale, the Office may, at its discretion, sell another firefighting vehicle to a local agency.
(d) Prior to entering into a resale contract, the Office shall require the local agency representative to submit a resolution from its governing body which states that the local agency representative has been vested with authority to bind the local agency in contract.
Note: Authority cited: Section 8589.19(a) and (b)(2), Government Code. Reference: Section 8589.13, Government Code.
s 2830. Interest Rate and Term of Contract.
(a) The interest rate on resale contracts will be calculated at one percent (1%) below the actual Pooled Money Investment Account interest rate on the date the contract is executed by and between the parties.
(b) The interest rate established on the date the contract is executed shall be a fixed rate of interest for the life of the contract.
(c) The maximum term of a resale contract financed through the Office is five (5) years. The maximum term of a renegotiated resale contract shall not exceed five (5) years from the date of execution of the original resale contract.
Note: Authority cited: Section 8589.19(a), Government Code. Reference: Section 8589.13(b), Government Code.
s 2835. Loan Amount and Down Payment.
(a) The maximum amount of any loan through the Office is $10,000.
(b) The minimum down payment on any loan through the Office shall be ten percent (10%) of the total purchase price.
(c) Upon purchaser's request, and conditioned upon approval by the Office, purchaser may defer up to one-half (i.e.; 50%) of its minimum downpayment for a maximum of thirty (30) days. If purchaser requests a deferral, the amount purchaser pays to the Office upon execution of the contract will be considered a deposit and will be returned to the purchaser should purchaser fail to tender the balance of the downpayment (i.e.; the amount deferred) when it is due. Transfer of the apparatus or equipment to purchaser is contingent upon receipt and satisfaction (by the Office) of the deferred balance of the downpayment.
Note: Authority cited: Section 8589.19(a) and (b)(2), Government Code. Reference: Section 8589.19(b)(2), Government Code.
s 2840. Information System -Types of Firefighting Apparatus and Equipment.
(a) Vehicles -Any vehicle which is designed and intended for use primarily as a firefighting vehicle may be included in the information system, except the following vehicles:
(1) Emergency medical service vehicles;
(2) Rescue vehicles;
(3) Communications and command operations vehicles; or
(4) Hazardous materials operations vehicles.
(b) Equipment -Any type of equipment which is designed and intended for use primarily for firefighting purposes or which is affixed to or carried upon the vehicles described in section (a) above, may be included in the information system, except any type of personal protective breathing apparatus.
Note: Authority cited: Section 8589.19(a), Government Code. Reference: Sections 8589.10(c) and 8589.14, Government Code.
s 2850. Default -Renegotiation of Contract.
(a) A local agency will be considered by the Office to be in default if the agency fails to make any payment within thirty (30) days of the date the payment is due, or if a bankruptcy petition is filed by or against the agency, or if the agency fails to keep any other agreement contained in the resale contract.
(b) Should purchaser default under the terms of the resale contract, the Office will renegotiate purchaser's contract, provided purchaser submits a written request for renegotiation with the Office within 30 calendar days after purchaser's default.
(c) Should purchaser continue to default beyond the renegotiation period, or default a second time after purchaser's contract has been renegotiated, the Office will take possession of its security (apparatus and equipment) for resale to another qualified buyer.
Note: Authority cited: Section 8589.19(a), Government Code. Reference: Section 8589.18, Government Code.
s 2855. Repossession.
(a) The Office will repossess in accordance with Section 2850 above. Should the Office be forced to repossess, purchaser will be sent a notice. The notice will state that purchaser may redeem (buy back) the vehicle, and will also specify the amount required for redemption. Purchaser may redeem the vehicle up to the time the Office sells it or agrees to sell it. If the purchaser does not cure the default within this time frame, the vehicle will be sold. If the vehicle is sold, the money from the sale, less allowed expenses, will be used to pay the amount still owed on the original purchaser's contract. If there is any money left (i.e.; surplus), it will be paid to the original purchaser. If the money from the sale is not enough to pay off the contract and costs, the original purchaser must pay to the Office what is still owed on the contract.
(b) Should the Office be forced to repossess, the defaulting purchaser will not be allowed to finance another purchase through the Office for five (5) calendar years from the date of repossession.
Note: Authority cited: Section 8589.19(a), Government Code. Reference: Section 8589.18, Government Code.
s 2900. Definitions.
(a) "Act" means the California Disaster Assistance Act (Government Code Sections 8680-8692).
(b) "Betterment" means any work performed by a local agency which exceeds restoring a facility to its predisaster design. Betterment also includes repairs to damaged public real property which are necessary to mitigate a predisaster condition for which the local agency had a predisaster requirement to mitigate or correct.
(c) "Current Codes, Specifications and Standards" means those applicable codes, specifications, or standards for the construction and design of public real property, which have been adopted by an applicant agency on or before the date of the disaster occurrence.
(d) "Director" means the Director of the Office of Emergency Services or his duly authorized representative.
(e) "Director's Concurrence" means the authorization of financial assistance for costs to repair, restore, reconstruct or replace facilities belonging to local agencies damaged as a result of disasters, based on a local emergency proclamation that has been accepted by the director.
(f) "Disaster" means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.
(g) "Eligible Applicants" means any local agency, as that term is defined in this section.
(h) "Emergency" means any occasion or incident for which, in the determination of the Governor, state assistance is needed to supplement local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state.
(i) "Emergency Programs" means those programs designed for short term immediate response to provide needed life-saving, public health, safety, and property protective measures.
(j) "Emergency Work" means that work which is performed immediately before, during, or after a disaster event to protect public health, safety or property, and to provide temporary facilities for the restoration of essential public services.
(k) "Federal Assistance" means aid to disaster victims or local agencies by the federal government pursuant to federal statutory authorities.
(l) "Hazard Mitigation" means any cost effective measure which will reduce the potential for damage to a facility from a disaster event. Hazard mitigation, for the purposes of the state public assistance program, does not include work undertaken to meet current codes, specifications, or standards.
(m) "Incident Period" means the time interval during which the disaster-causing incident occurs. No state assistance under the Act shall be approved unless the damage or hardship to be alleviated resulted from the disaster-causing incident which took place during the incident period or was in anticipation of the incident. The incident period is determined by the director.
(n) "Local Agency" means any city, city and county, county, county office of education, community college district, school district, or special district.
(o) "Local Emergency" means a condition of extreme peril to persons or property proclaimed as such by the governing body of the affected local agency in accordance with Section 8630.
(p) "OES" means the Office of Emergency Services.
(q) "Permanent Work" means that restorative work which must be performed through repairs or replacement, to restore an eligible facility on the basis of its predisaster design and current applicable codes, specifications, and standards.
(r) "Predisaster Design" means that capacity or measure of productive usage for which a facility could be used immediately prior to a disaster.
(s) "Preliminary Damage Assessment" means a process which may be used to determine the impact and magnitude of damage and the resulting unmet needs of local agencies following a disaster. The Preliminary Damage Assessment may be performed by a team consisting of a representative(s) from the affected local agency and a representative(s) from the Office of Emergency Services, in addition to a federal representative(s) if federal assistance is to be pursued.
(t) "Project" means the repair or restoration, or both, other than normal maintenance, or the replacement of, real property of a local agency used for essential governmental services, including, but not limited to, buildings, levees, flood control works, channels, irrigation works, city streets, county roads, bridges, and other public works, that are damaged or destroyed by a disaster. "Project" also includes those activities and expenses allowed under subdivisions (a), (c), and (d) of section 8685. Except as provided in section 8686.3, the completion of all or part of a project prior to application for funds pursuant to this chapter shall not disqualify the project or any part thereof.
(u) "Project Application" means the written application made by a local agency to the director for state financial assistance, which shall include: (1) in the case of a public facilities project, all damage to public real property which resulted from a disaster within the total jurisdiction of the local agency making application; or (2) in the case of a street and highway project, all damage to streets and highways which resulted from a disaster within the total jurisdiction of the local agency making application; or (3) other activities and expenses as allowed in section 8685.
(v) "Project Approval" means the process when a Damage Survey Report (DSR) (OES 90, Rev. 1/03, incorporated by reference) is approved by OES for a scope of work and costs. For construction projects, approval will not occur until after the review and acceptance of plans and specifications by the appropriate reviewing building official. A project approval also constitutes an obligation of funds to the applicant agency.
(w) "Public Facility" means the following facilities owned or leased by a local agency: any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility; any non-federal aid street, road, or highway; any federal aid street, road, or highway for which Federal Highway Administration Emergency Relief (ER) Program funds have been sought, any other public building, structure, or system, including those used for education, recreational, or cultural purposes; or any park. Unimproved natural features are not considered facilities unless engineered and maintained to provide a public purpose. Lands used for agricultural purposes are not facilities.
(x) "Public Real Property" means any facility owned or leased and operated or maintained by a local agency through monies derived through taxation or assessments. The term "assessment" also includes the sale by a local agency of such services as water and power.
(y) "School District" means any and all public school districts, regardless of kind or class, except a community college district. School district includes those districts defined in sections 80 through 87 of the Education Code.
(z) "Site" means a building or facility, or group of contiguous buildings or facilities with common ownership and within a single jurisdiction. For facilities without a street address, a site is any area of continuous damage of a similar nature within a geographically defined area, and within a single jurisdiction.
(aa) "Special District" means a unit of local government in the state (other than a city, county, or city and county) with authority or responsibility to own, operate or maintain a project, including a joint powers authority established under section 6500 et seq., of the Code.
(bb) "State Agency" means the Department of Transportation, the Department of Water Resources, the Department of General Services, the Department of Health Services, the Department of Finance, or any other state agency or office. The Department of Transportation's area of responsibility concerns streets, roads, bridges and mass transit repairs. The Department of Water Resources' area of responsibility concerns dams, levees, flood control works, channels, irrigation works, and other similar projects. The Department of General Services' area of responsibility concerns buildings, sewer, water systems, and district road and access facility construction, alteration, repair and improvement thereof, and all other projects. The director shall assign applications to the appropriate agencies for investigation.
(cc) "State Eligible Costs" means all project costs eligible under section 8680 et seq., of the Government Code, and shared costs of projects deemed eligible for federal public assistance, after offsetting applicable credits. Applicable credits refer to receipts or reductions that offset or reduce eligible costs. Credits include, but are not limited to: purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance settlements, refunds or rebates, and funding provided by other sources. Local agencies are expected to first seek federal funding and to exhaust federal appeal rights before seeking state funding. No state assistance will be provided if the local agency has, through its own negligence, failed to pursue maximum federal participation in funding projects.
(dd) "State of Emergency" means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property, within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, or earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a State of War Emergency, which conditions, by reason of their magnitude are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat.
Note: Authority cited: Section 8682.9, Government Code. Reference: Disaster Assistance Act, Chapter 7.5, Division 1, Title 2 (Section 8680, et seq.) Government Code.
s 2910. Cost Eligibility.
(a) General Provisions:
(1) Local agency costs or expenditures are eligible for state financial assistance provided such expenditures relate directly to an eligible disaster event;
(2) Expenditures included in local agency applications for state financial assistance must be reasonable and in accordance with a local agency's standard cost allocation procedure, and,
(3) No state financial assistance will be provided to a local agency for damages caused by its own negligence. If negligence by another party results in damages, assistance shall be provided, but shall be conditioned on agreement by the applicant agency to cooperate fully with the state in all efforts necessary to recover the costs of such assistance from the negligent party.
(b) Wages:
The following wage costs are eligible for state financial assistance:
(1) Local agency personnel costs incurred as a result of the disaster are eligible for funding or reimbursement, excluding the straight or regular time salaries and benefits of an applicant's permanently employed personnel performing emergency work.
(2) Overtime granted as compensatory time off (CTO) is reimbursable and shall be based on the standard rate (i.e., regular cash rate) for overtime pay; and,
(3) Wage additive costs, including retirement contributions, vacation, sick leave and other fringe benefit costs assessed against the regular wage rate of employees engaged in disaster related work activities.
(c) Local Share:
Matching fund assistance for cost sharing required under federal public assistance programs is an eligible cost. Public assistance programs include supplementary federal assistance for local agencies, other than assistance for the direct benefit of individuals and families. Such assistance shall also meet the eligibility requirements of the Act.
(d) Engineering and Feasibility Studies:
(1) The director shall approve an estimate for the cost of basic engineering services, when determined necessary for construction projects.
(2) The costs of special engineering services, such as surveys, soil investigations, or feasibility studies for repair vs. replacement determination, will be approved separately when necessary to accomplish eligible work.
(3) Any reimbursement for architectural, construction management, or engineering services shall be based on reasonable actual costs.
(e) Equipment:
The director shall authorize reimbursement of certain types of equipment costs as follows:
(1) Actual equipment rentals;
(2) Equipment costs for applicant-owned equipment shall be claimed based on the applicant's own rate schedules or in the absence of such a rate schedule, on current Department of Transportation (CALTRANS) Labor Surcharge and Equipment Rental Rates. Equipment rates must cover normal costs of lube, repair, overhaul, depreciation, interest, insurance, storage, and taxes. For self-powered equipment, the schedule must include fuel and oil. The director reserves the right to audit claims for the reimbursement on applicant-owned equipment.
(3) Equipment mobilization and demobilization costs for applicant-owned equipment, including transportation costs to and from the disaster sites. Equipment operation time should be supported by use logs and operator time sheets; and,
(4) Stand-by time shall be allowed for rental equipment, if determined cost effective by the director. Stand-by time shall not be allowed for applicant owned-equipment.
(f) Interagency Assistance Agreements:
Costs for work performed under interagency assistance agreements, including but not limited to contracts or cooperative agreements or assistance-for-hire agreements between local governments or between local governments and state agencies, are eligible for reimbursement, but are limited to those costs of the responding entity for which an eligible applicant is legally obligated to pay. Eligible costs shall include only those reasonable costs invoiced or billed in accordance with reimbursement provisions contained in such interagency assistance agreements.
(g) Other Direct Costs:
The following local agency costs shall be considered direct costs for purposes of these programs:
(1) Salaries and benefits of first-line supervisors. No administrative salary and benefit costs above first-line supervision may be claimed as a direct cost;
(2) Actual travel and per diem costs;
(3) The costs of supplies and materials used during response activities; and,
(4) Other direct costs which may be considered eligible by the director, including costs relating directly to the disaster which are not otherwise funded by federal or state disaster assistance programs, or which are not expressly prohibited by federal or state law, federal regulations, these regulations or prohibited by the federal or state constitution.
(h) Indirect and Administrative Costs:
A local agency will receive a ten percent (10%) administrative allowance, applied as a percentage against the total approved state share to cover reasonable indirect costs and the necessary costs of requesting, obtaining, auditing, and administering state disaster assistance funds.
(i) Ineligible Costs:
A local agency shall not receive state assistance for the following types of costs or expenditures:
(1) Expenditures for personal property such as books, furniture, and equipment;
(2) Income, revenues, wages, or rents lost by a local agency due to the disaster event;
(3) Expenditures on normal or deferred maintenance activities;
(4) Expenditures for facility betterment beyond current codes, specifications, and standards of present day construction. Betterment costs must be presumed by the local agency.
(5) Expenditures for hazard mitigation projects not required by federal or state laws, or regulations;
(6) Expenditures for legal services, fees, or penalties necessitated or caused by lawsuits or any out-of-court settlements pertaining to a disaster;
(7) Expenditures for insurance required by the Federal Emergency Management Agency's (FEMA) regulations or for damage to a portion of a facility covered by insurance;
(8) Expenditures for rights-of-way, easements, or land acquisition;
(9) Losses for which an entity has legal means of recoupment;
(10) Interest or other debt expense incurred on funds borrowed to meet disaster related expenses;
(11) Expenditures for damages caused by the local agency's own negligence;
(12) Expenditures prohibited by federal or state law, federal or state regulations, or the federal or state constitution; or,
(13) An increase in the state share which is a result of missed deadlines, penalties or which otherwise results from non-compliance with the requirements of other public assistance programs related to the disaster.
Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8680 et seq; 8685, 8685.2, 8685.6, 8686, 8686.4, 8686.6, 8686.8, 8687.2 and 8687.4, Government Code.
s 2915. Contracting and Procurement.
(a) General Provisions:
(1) Applicants receiving federal disaster assistance funds must comply with applicable federal contracting and procurement requirements contained in Title 44, Code of Federal Regulations (CFR), part 13, Sections 13.35 and 13.36, and Office of Management and Budget Circulars (OMB) A-102 (Revised 10/7/94, As Further Amended 8/29/97) and A-110 (Revised 11/19/93, As Further Amended 9/30/99). Funds withdrawn by the federal government, due to non-compliance with the applicable federal contracting and procurement requirements shall result in a loss or reduction of state cost-sharing assistance. The state shall not provide additional funding to an applicant to substitute for federal funding withdrawn as a result of noncompliance with federal regulations.
(2) Any work performed by a state agency, at the request of a local agency, shall be agreed upon in writing and subject to the state Public Contracts Code. Work performed by a local agency shall be subject to the laws governing the performance of such work by the local agency and any other applicable state or federal laws. Neither the state nor any officer or employee thereof shall have any responsibility in connection with any work performed by a local agency.
(3) Any contract executed between the local agency and the director, pursuant to the Act, shall contain a provision under which the local agency agrees to hold the state harmless from damages resulting from the work for which funds are allocated; and
(4) A payment bond is required on all contracts involving expenditures in excess of twenty-five thousand dollars ($25,000), pursuant to sections 3247 and 3248 of the Civil Code, on any public work for a political subdivision including, but not limited to, improvements and replacements of any building, road, bridge or other structure.
(b) Special Provisions for Reclamation and Levee Maintenance Districts:
(1) All work must be bid as required under applicable state or federal laws or regulations or, including 44 CFR, part 13, whichever is the more restrictive. Public Contracts Code, section 20924 requires that districts seeking state or federal assistance comply with the procurement requirements of such state or federal program, if they are more restrictive than the requirements of section 20920 et seq. If the district's governing board determines that a district is not required to competitively bid work, that determination must be documented in writing with a full statement of the reasons why bids are not required. The determination to bid or not bid shall be approved by the district board prior to contracting, where possible. If such prior approval is not possible, the board must ratify the decision within 15 days after the decision is made.
(2) If the district's governing board determines that a sole source contract is legally justified or that an emergency exists which justifies an exemption, then the district shall utilize informal bids, or shall, at arm's length, negotiate the best possible price. All contracts will be in writing, approved by the district board, and supported by documentation justifying the price and detailing the negotiations as required in 44 CFR, part 13, or other appropriate law or regulation. All contracts must clearly indicate the specific work to be performed and the time and location of performance of the work, and require the maintenance of adequate source records for audit. Contracts must also provide separate unit prices for emergency and non-emergency work, when the contract covers work which will be done under both emergency and non-emergency conditions.
(3) A written contract shall clearly define the responsibility and the compensation of the engineer. The district's governing board must assure adequate contract administration. This shall include, but not be limited to, such items as sticking barges, checking quantities of material and labor, and maintaining adequate auditable records.
(4) In all contracts for work, services, or materials, the contractor must maintain and retain for three years after notification of the start of the retention period by the director, auditable source documents and records, which shall be available for audit by federal or state auditors.
(5) Districts must maintain separate accounts for registered warrants covering approved work and such other records and accounts as are necessary to assure that all approved work is paid for prior to final reimbursement from the state or FEMA.
(6) Districts will certify and provide OES with verification that none of the costs reimbursed by the state under the Act or by FEMA have been claimed or paid through any other state or federal program, including but not limited to work performed under the Delta Levees Subvention Program, Water Code sections 12980 et seq.
Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8682.6, 8682.7, 8685.7, 8685.8 and 8690.6, Government Code.
s 2920. Emergency Work.
(a) General Provisions.
(1) Emergency measures undertaken to save lives, to protect public health and safety, and to protect property in a jurisdiction proclaimed to be in a state of emergency by the Governor, are eligible for state financial assistance under section 8685.2 of the Code;
(2) When immediately necessary and no lesser emergency work is feasible, permanent restorative work on facilities damaged or destroyed by a disaster or emergency may be expedited as emergency work; and,
(3) Compliance with codes, specifications, and standards applicable to permanent restoration work is not necessary for emergency work. When a state of emergency has been proclaimed and circumstances are such that permanent restoration of a facility can be quickly accomplished, or when no practical emergency alternative is available, eligible work should be considered under permanent restoration categories. For typical emergency work not requiring formal plans and specifications, consulting engineering services shall not normally be approved.
Note: Authority cited: Section 8682.9, Government Code. Reference: Section 8685, Government Code.
s 2925. Debris Removal.
(a) General Eligibility
(1) Debris removal from publicly and privately-owned lands and waters, undertaken in response to a state of emergency proclamation by the Governor is eligible for state financial assistance; and,
(2) For purposes of this program, the removal of debris from private property shall be reimbursed only when there is an immediate threat to public health and safety. In a case where reimbursement for debris removal from private property is authorized by the director, the following requirements shall apply, unless waived in part or full by the director:
(A) The property owner must remove all disaster-related debris from the property to the curb or public right-of-way;
(B) The local agency must obtain a signed statement from the property owner to the effect that the property owner does not have insurance covering the removal of the disaster-related debris; and,
(C) The local agency must have a signed statement from the property owner giving the local agency the right of entry and absolving the local agency and the state of any liability relative to removal.
(b) Criteria
Debris removal shall be considered necessary when removal will:
(1) Eliminate immediate threats to life, public health, and safety;
(2) Eliminate immediate threats of significant damage to improved public or private property; or,
(3) Be necessary for the permanent repair, restoration, or reconstruction of damaged public facilities.
(c) Examples of Eligible Work
(1) Removing debris such as pieces of destroyed buildings, structures, signs, or broken utility poles;
(2) Removing loose or broken sidewalks and driveways; or,
(3) Removing fallen trees.
Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8685 and 8685.2, Government Code.
s 2930. Emergency Protective Measures.
(a) General Eligibility
Emergency protective measures, undertaken in response to a disaster event resulting in a state of emergency proclamation by the Governor, to save lives, to protect public health and safety, and to protect improved property are eligible for state financial assistance under Section 8685.2 of the Code.
(b) Criteria
Emergency protective measures shall include, but are not limited to, search and rescue, demolition of unsafe structures, warning of further risks and hazards, public information on health and safety measures, and actions necessary to remove or to reduce immediate threats to public property, or to private property when in the public interest, or temporary protective measures designed to protect public or private property from further damage.
(c) Examples of Eligible Work
The state shall provide financial assistance for equipment and labor costs, and the costs of supplies and materials used during disaster response activities:
(1) Buttressing, bracing or shoring to protect structures in imminent danger of major damage or to protect the general public;
(2) Construction of emergency flood protective levees where immediately required for the protection of life and improved eligible property. Work by individuals to protect their homes or businesses is not eligible;
(3) Sandbagging to protect life and property;
(4) Boarding up windows and other enclosures of public buildings to afford protection against the elements and to safeguard from looting;
(5) Out-of-pocket expenses for safety barricades, signs, and warning devices;
(6) Cost of extra personnel required during the emergency period. Justification for additional staffing may be requested by the director; and,
(7) Extraordinary costs associated with emergency snow removal.
(d) Limitations on Emergency Protective Measures
(1) Repairs to levees shall be limited to that work necessary to stop the infiltration of water through a levee to prevent the collapse of a levee, to prevent sloughing of the slopes of the levee, to stop local overtopping, or to protect a levee from attack by wind-driven waves or erosive currents; and,
(2) Work that is immediately necessary as the result of a disaster and directly related to eligible permanent work shall be approved by the director as emergency protective measures. Examples of such work include temporary repairs to damaged buildings or structures, barricading areas to protect damaged property or to direct traffic, costs of emergency hook ups, tapping the water system of an adjoining community until normal supply facilities become operational, by-passing damaged sections of the distribution system until emergency repairs can be made, hooking into privately owned or other public power sources pending repairs to the applicant's generating plant, or cleaning of storm and sanitary sewer lines; and,
(3) Emergency protective facilities installed will be eligible for removal under the Act, only when such facilities are directly affecting the operations of, or access to, public facilities required by the applicant in its normal day-to-day operation. Examples include temporary dikes and levees, security fences, and barricades.
(4) In a case where reimbursement for the demolition of a damaged public facility or a privately owned building is approved by the director, the following standards shall apply, unless waived, in part or in full by the director, explaining in writing the facts and reason for the waiver:
(A) The local agency must clearly possess the legal authority and responsibility to demolish the damaged facility. The local agency must also show that such demolition does not constitute a "taking" which would require the payment of compensation to the property owner;
(B) The local agency requesting approval of building demolition of privately owned-buildings must be able to demonstrate that the property owner has no other source of funding to pay for structure demolition;
(C) The local agency must have inspected each building and determined it to be a health or safety hazard. The local agency must have a certification to this effect signed by the appropriate agency official;
(D) The local agency must have a signed statement from the property owner to the effect that the property owner doesnot have insurance covering the damage or the demolition of the building; (continued)