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

database is current through 09/29/06, Register 2006, No. 39





<<(Chapter Originally Printed 7-25-45)>>



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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6002-6008, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6075, 6081 and 6110, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 1052, 6075, 6202(d), 6205, and 6264, Water Code.




s 304. Civil Engineering Plans and Specifications.
Plans and specifications which are submitted to the department shall be prepared by, or under the direction of, a civil engineer who is registered pursuant to California law and authenticated by him as provided in the Business and Professions Code, or be prepared by such other person as may be permitted under the provisions of said code to prepare such plans and specifications, in which case satisfactory evidence of such other person's right to so act shall be submitted to the department when the plans and specifications are submitted.


Note: Authority cited: Section 6078, Water Code. Reference: Section 6206, Water Code; and Sections 6371, 6374-6375, Business and Professions Code.




s 305. Civil Engineering Supervision of Construction.
The work of construction, enlargement, repair, alteration or removal of a dam or reservoir shall be under the responsible charge of a civil engineer who is registered pursuant to California law or of such other person as may be permitted under the provisions of the Business and Professions Code to assume responsible charge of such work.


Note: Authority cited: Section 6078, Water Code. Reference: Section 6206, Water Code; Sections 6371, 6374-6375, Business and Professions Code.




s 306. Authority of Representative.



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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6200-6206, Water Code; and Sections 21002.1(d) and 21083, Public Resources Code.



s 310.1. Criteria for Determining Completeness.


Note: Authority cited: Section 6078, Water Code. Reference: Section 65941, Government Code.



s 310.2. Criteria for Determining Completeness.


Note: Authority cited: Section 6078, Water Code. Reference: Sections 65920-65957, Government Code.



s 310.3. Determination of Completeness.


Note: Authority cited: Section 6078, Water Code. Reference: Sections 65920-65957, Government Code.



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


Note: Authority cited: Section 6078, Water Code. Reference: Section 65941, Government Code.



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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6075 and 6260-6267, Water Code.



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


Note: Authority cited: Section 6078, Water Code. Reference: Section 65956, Government Code; and Sections 6260-6267, Water Code.



s 314. Filing Fee.
(a) Amount of Fee. The estimated cost of the dam and reservoir or enlargement as specified in section 6302 of the Water Code shall include engineering, geologic, surveying, construction supervision, and administrative costs.


Note: Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 161, Water Code; and Sections 6307 and 6428, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6307, Water Code.




s 317. Preparation of Application for Repair or Alteration.


Note: Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code.




s 318. Preparation of Application for Removal.


Note: Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code.




s 319. Annual Fee.


Note: Authority cited: Section 6078, Water Code. Reference: Section 161, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.




s 322. Small Dam Defined.
"Small Dam" means any dam less than 25 feet in height with a reservoir storage less than 2,000 acre-feet.


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 6055, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 6055, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.




s 325. Findings of the Board.
Based upon information and data secured during the review, the Board shall refer its findings to the Division Chief, Division of Safety of Dams, regarding the matter which led to the grievance. Decisions made by the Division Chief shall be final.


Note: Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Sections 6056, 6081 and 6355, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code.




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


Note: Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code.







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




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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code and "Guidelines" adopted by the Commission of Housing and Community Development.




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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.




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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.




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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.




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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.




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

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.


s 370.11. Moving and Related Expense Payments -General Provisions for All Relocated Individuals, Families, Businesses and Farms.
(a) Eligibility to Receive Moving Cost Payment.
(1) Any individual, family, business or farm operator is eligible to receive payment for the reasonable expenses of moving his personal property when
(A) He is in lawful occupancy at the initiation of negotiations for the acquisition of the real property; and
(B) He moves from the real property or moves his personal property from the real property subsequent to the date of initiation of negotiation; or,
(C) The real property is subsequently acquired.
(b) One Move Per Person. No moving expense payment will be made for more than one move of a displaced person except where found by the Department to be in the public interest and prior approval is secured.
(c) Payment Only After Move Completed. Moving expense payments shall be made only after the move has been accomplished except as provided in subsections (d) and (e) of this section.
(d) Payment in Advance. In case of undue hardship, payment of moving expenses to an eligible displacee may be made in advance of moving.
(e) Partial Payments. The Department may make partial payments of moving expense claims when such claims are based on the actual costs of moving, provided the amount of such partial payment does not exceed the actual cost incurred up to the time such payment is claimed.
(f) Payments Directly to Mover. By written prearrangement between the Department, the displaced person and the mover, a displaced person may present unpaid moving bills to the Department and the Department may pay the mover directly.
(g) Distance Limited to 50 Road Miles. The allowable expense for transportation shall not exceed the cost of moving 50 road miles measured from the point from which the move was made to the point of relocation via the most commonly used routes between such points.In special cases where the Department determines that relocation cannot be accomplished within the 50 mile area, the allowable expense for transportation may be increased with the prior approval of the Department. (continued)