Loading (50 kb)...'

(continued)
(H) a description of the source and amount of matching funds;
(I) environmental documentation and permits that are required, or a statement pursuant to Section 449.3 (c) if environmental documentation is incomplete;
(J) a detailed justification for any application requesting funding for more than $1,000,000 (one million dollars) per single project. The justification should clearly detail the significant environmental benefits to the State and show that other funds are not available that could reduce the amount requested from the Environmental Water Fund; and
(K) any other information necessary to evaluate the project's eligibility and technical feasibility.

Note: Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.26, 12929.41, 12929.43 and 12929.45, Water Code.




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

Note: Authority cited: Section 12929.44, Water Code. References: Sections 12929.30, 12929.31, 12929.41, 12929.43 and 12929.45, Water Code.




s 449.7. Department Review.
(a) The Department shall evaluate each application for preliminary eligibility based on the applicant's description of the project, program, or study, and financial and cost information provided. The Department will notify the applicant of the applicant's preliminary eligibility status.
(b) A Technical Review Committee (TRC) shall be established by the Department to evaluate the project or study and to make recommendations to the Department.
(c) The TRC shall be composed of Department representatives, representatives of the Department of Fish and Game, and other state and federal representatives, as determined by the Department.

Note: Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.20, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31, 12929.40 and 12929.45, Water Code.




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

Note: Authority cited: Section 12929.44, Water Code. Reference: Section 12929.40, Water Code.




s 449.9. Basis for Award of Funds.
The Department's decision to award funds to a program, project or study shall be based on the following factors:
(a) Whether the project, program, or study is consistent with the Act and regulations promulgated under the Act;
(b) the significance and scope of the environmental benefits provided;
(c) the technical feasibility of the project, program or study;
(d) availability of funds from the Environmental Water Fund; and
(e) the availability of alternative funding.

Note: Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.14, 12929.15, 12929.20, 12929.21, 12929.22, 12929.23, 12929.24, 12929.26, 12929.30, 12929.31, 12929.41, 12929.42 and 12929.45, Water Code.




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

Note: Authority cited: Section 12929.44, Water Code. Reference: Section 12929.45, Water Code.




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

Note: Authority cited: Section 12929.44, Water Code. Reference: Section 12929.45, Water Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2, 12879.5, 12879.6, 78680.4, 78680.10, 78680.12 and 78680.14, Water Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2, 12879.4, 12879.5, 12879.6, 78680.8, 78680.12 and 78680.14, Water Code, Section 21150, Public Resources Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.5(h), 12879.6(e), 78680.4, 78680.10, 78680.12 and 78680.14, Water Code.




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

Note: Authority cited: Section 78680.20, Water Code. Reference: Sections 78680.4(b), 78680.12 and 78680.14, Water Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2(h), 12879.5(c) and (e), 12879.6(c) and (d), 78680.12 and 78680.14, Water Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4, 12879.5(h), 12879.6(e), 78680.12, 78680.14 and 78680.16, Water Code, Section 21150, Public Resources Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4(c)(5) and 78680.12(c), Water Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4 and 78680.12(b), Water Code.




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

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4 and 78680.20, Water Code.




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

Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.




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

Note: Authority cited: Section 7048, Water Code. Reference: Section 7048, Water Code, Sections 5907(e)(3) and 5919, Public Resources Code.




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

Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.




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

Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.




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

Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.




s 451.6. Contract Requirements.
(a) Prior to entering into a contract, representatives of the Department may visit the project site to assess its conditions and needs, and then meet with all the project sponsors, co-sponsors, endorsers, and any other local officials, agencies and/or organizations with an interest in the project to develop a work plan. The work plan shall reflect the specific schedule and components of the project, and incorporate recommendations made by the Department. The work plan shall be attached to and become a part of the contract between the Department and the applicant. The Department may require all individuals or organizations it believes to be integral to the effective completion and long-term maintenance of the project to endorse the work plan. (continued)