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(continued) cally feasible and appropriate for implementation.
(j) "Implementation" means those actions taken to put a designed project into effect, including both the construction of project works and carrying out a program for flood damage reduction that does not require construction.
(k) "Local public entity" means any political subdivision of the State of California, including, but not limited to, any county, city, city and county, district, joint powers agency, or council of governments within the geographic area of consideration.
(l) "Recipient" means an applicant who has received grant funding through the feasibility study or design funding application process.
(m) "Tributaries" means those watercourses that currently flow to the Yuba River, the Feather River or the Colusa Drain.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.
s 499.3. Geographic Area of Consideration.
Only applicants with flood control jurisdiction in the following geographic areas will be considered eligible for feasibility study or design funding:
(a) Yuba and Feather Rivers and their tributaries; and/or
(b) That area of Colusa and Glenn Counties known as the Colusa Drain and its tributaries; and/or
(c) Sutter County, for the purposes of implementing Section 79068.12 of the California Water Code.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6 and 79068.10(g) and (i) and 79068.12, Water Code.
s 499.4. Feasibility Studies.
(a) The Department shall administer a grant program to fund feasibility studies consistent with the Bond Law. Feasibility studies funded under this Chapter shall determine the engineering, hydrogeologic, environmental, economic and financial feasibility of a flood protection project proposed for implementation. The proposed project must be consistent with Water Code Section 79068.6.
(b) Feasibility study results will provide the information needed to develop a design and/or implementation funding application. This information includes, but is not limited to:
(1) A description of the selected plan and alternatives considered, including illustrations and maps showing project features as appropriate to the type of project, signed by an engineer registered pursuant to California law.
(2) Information demonstrating the engineering feasibility of the project.
(3) Information regarding the economic feasibility of the alternatives considered, including a detailed discussion of the types of benefits derived and their associated costs.
(4) A discussion of the least cost alternative compared to the proposed project. The least cost alternative should produce similar results and must also be economically, technically, financially and environmentally feasible.
(5) Information regarding the physical and financial need for the project.
(6) A timetable for project completion.
(7) An estimated total cost of the project showing details of project costs.
(8) Information that demonstrates how applicants will comply with all local, state, and federal requirements, including but not limited to: the regulatory requirements of the Federal Energy Regulatory Commission, the US Army Corps of Engineers and others; CEQA, the National Environmental Policy Act, state and federal Endangered Species Acts, and the federal Clean Water Act. Applicants must comply with CEQA and the California Endangered Species Act before implementation funding can be secured.
(9) A list of all permits which will be required for project implementation, with a plan and schedule for obtaining those permits and disclosure of any anticipated problems.
(10) A statement listing all relevant local land use plans or general plans, and describing how the proposed project relates to those plans.
(11) The amount of state funding requested, the sources and amounts of other funds to be applied toward the project, and other information regarding the financial feasibility of the project.
(12) A disclosure of all known public support and opposition to the project at the time of application. This includes comments received during the public review process from all interested individuals in the area impacted by the project.
(c) Studies to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(d) The Department may fund up to 100 percent of eligible study costs.
(e) The Department may require the applicant to submit an "Alternatives Report" early in the process of preparing the feasibility study. This report shall describe all potential structural and nonstructural alternatives of a proposed project, discuss criteria for screening potential alternative projects and describe how the screening criteria are to be applied. The report shall contain discussions of interim coordination and outreach programs. For those alternatives being carried forward for more detailed evaluation, the report shall discuss the economic and technical feasibility and the environmental benefits of each alternative as well as potential adverse environmental impacts.
(f) Feasibility studies shall incorporate multi-objective watershed perspectives. As a guideline for an acceptable approach, the applicant should consider the analytical methods described inEconomic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies, promulgated by the United States Water Resource Council, 1983 (U.S. Government Printing Office, Washington D.C. March 10, 1983). Copies of this document are available through the Department.
(g) Funding of a feasibility study under this chapter does not obligate the Department to fund implementation of a proposed project.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79068.10, Water Code.
s 499.4.1. Designs.
(a) The Department shall administer a grant program to fund designs for projects consistent with the Bond Law. Designs funded under this Chapter shall use information from an approved feasibility study to develop a set of plans and specifications that could be used to advertise for construction and/or to develop an implementation package for non-constructed features of a project.
(b) Designs will provide the information needed to begin project implementation. This information includes, but is not limited to:
(1) For constructed works:
a. Drawings showing project features, with enough specificity and completeness so that a general contractor could understand the intent of and bid on the project. All drawings shall be signed by an engineer registered pursuant to California law.
b. Project specifications complementing the drawings and providing the written description of project needs.
c. A detailed cost estimate showing the total project costs by line item, and including labor and material costs. The estimate shall be certified by an engineer registered pursuant to California law.
d. A design analysis or report showing the engineering calculations that were used to determine the size and types of materials used in the design.
(2) For program not requiring construction:
a. A full description of all actions to be taken to implement the program, including drawings, charts or diagrams where appropriate, with enough specificity and completeness so that a person or agency knowledgeable in the appropriate field could understand and carry out the program.
b. A full description of the results expected from actions taken.
c. A detailed estimate of the costs, broken down into individual tasks or subtasks to the satisfaction of the Department.
d. A design analysis or report describing how each action was determined and substantiating its expected effectiveness.
(3) For all projects, a schedule for project implementation showing the time in calendar days required to complete the project as determined by use of a preliminary Critical Path Method (CPM) diagram. All tasks and times required for each task shall be shown.
(c) Designers shall follow all applicable federal, state, local and industry standards. For projects which will, if implemented, fall under the jurisdiction of The Reclamation Board, applicable state standards include the Reclamation Board standards, as found in Title 23, Division 1, Chapter 1, Article 8, of the California Code of Regulations.
(d) The local public entity shall provide to the Department an information copy of the design criteria, standards or guidelines used by its designer. This information will be provided before the final design is submitted to the Department for review.
(e) Designs to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(f) The Department may fund up to 100 percent of eligible design costs.
(g) Funding of a design under this Chapter does not obligate the Department to fund the implementation of a proposed project.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6 and 79068.10, Water Code.
s 499.4.1.1. Early Allocation of Implementation Funds.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580 and 79068.6, Water Code.
s 499.4.1.2. Advance Preparation for Right of Way Acquisition.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79086.14, Water Code.
s 499.4.2. Implementation.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.
s 499.5. Eligible Grant Funding Activities.
(a) Feasibility studies or designs for projects identified in Water Code Section 79068.6 (a)-(i) are eligible for up to 100 percent grant funding.
(b) Eligible study costs include those costs directly related to preparing the grant application, provided the application is approved for grant funding, conducting the feasibility studies, and preparing related documentation in accordance with CEQA.
(c) Eligible design costs include only those costs directly related to preparing the design grant application, provided the application is approved for grant funding, and conducting the design in accordance with an approved feasibility study and Environmental Impact Report or Negative Declaration prepared in accordance with CEQA.
(d) The Bond monies may only be used for feasibility study or design activities identified in subsections (a), (b) and (c) through (e) of this Section if the applicant demonstrates that it will be able to ensure the operation and maintenance of the completed project.
(e) Other provisions of these regulations notwithstanding, entities with flood control jurisdiction within Sutter County are eligible for reimbursement and funding under the provisions of Water Code Section 79068.12. Reimbursement and funding shall be accomplished pursuant to a letter agreement between the Department and Sutter County which will provide for payment upon receipt of invoices for costs incurred for the local share of Federal and State cost shared projects.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6, 79068.8, 79068.10, 79068.12 and 79068.14, Water Code.
s 499.6. Feasibility Study Application.
Applicants for feasibility study funding shall file a complete application with the Department. A complete application shall contain the following technical information:
(a) A description of the feasibility study, and alternatives with illustrations or maps indicating project features as appropriate to the type of project, signed by a Registered California Civil Engineer.
(b) A map indicating the study areas.
(c) A task breakdown for the feasibility study.
(d) A timetable for execution of the feasibility study in a Gantt chart (bar graph) format.
(e) An estimated total cost for the study, including a breakdown of the study costs.
(f) The amount of State funding requested, the sources and amounts of any other funds to be applied toward the study, and other information regarding the financial feasibility of the proposed project(s).
(g) Information regarding each of the factors identified in California Water Code Section 79068.10.
(h) Copies of any studies previously prepared that support an application for a feasibility study grant.
(i) Citations of the applicant's statutory enabling laws and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(j) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(k) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
s 499.6.1. Design Application.
Applicants for design funding shall file a complete application with the Department. A complete application shall contain the following technical information:
(a) A description of the project.
(b) A feasibility study meeting the requirements set forth in Section 499.4 above, demonstrating that the project is economically feasible.
(c) Documentation of compliance with CEQA as required in Section 499.6.2.
(d) A task breakdown for the design showing all activities expected to occur during the design process.
(e) A timetable for execution of the design in a Gantt chart (bar graph) format.
(f) An estimated total cost for the design, including a detailed breakdown of design costs by task within each project feature.
(g) The amount of State funding requested and the sources and amounts of any other funds to be applied toward the design.
(h) Citations of the applicant's statutory enabling laws and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(i) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(j) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
s 499.6.2. Environmental Compliance.
(a) If an Environmental Impact Report or Negative Declaration is required for the project, a copy of that document must be included with the application for design funding. If the final document has not been adopted by the lead agency at the time the application is submitted, a copy of the public draft may be submitted and the final document substituted for it as soon as it is available. A final document adopted by the lead agency, together with a Notice of Determination, must be submitted within six months after filing the application and within three months after entering into an ensuing design contract.
(b) If CEQA compliance has not been completed at the time an application for design funding is filed, the task breakdown submitted with the application shall include all activities necessary to comply with Subsection (a).
(c) If CEQA compliance has not been completed prior to entering into a design contract, the task breakdown in the contract shall include all activities necessary to comply with Subsection (a).
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
s 499.6.3. Implementation Application.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068, 79068.6, 79068.8 and 79068.10, Water Code.
s 499.7. Application and Funding Process.
(a) Applications for grant funding for feasibility studies received by November 15, 2000 will be eligible for funding in the following fiscal year, and will be processed on a first-come first-served basis. Applications received after November 15 will be eligible for funding in the next fiscal year after the following year. Award of feasibility study contracts will be subject to availability of funds.
(b) Applications for grant funding for design may be submitted at any time during the year. Applications will be processed on a first-come first-served basis. Award of design contracts will be subject to availability of funds.
(c) The Department shall acknowledge receipt of a complete application in writing within 30 days of receipt.
(d) If the application is not complete, the Department shall send the applicant a letter within 30 days of receipt requesting the additional information.
(e) The applicant may resubmit the application as soon as the additional information is obtained.
(f) Prior to expending any funds, the Department and the applicant shall enter into a grant contract.
(1) All feasibility study contracts shall include a detailed workplan, agreed to by the Department, which plan shall be attached to and become a part of the contract.
(2) All design contracts shall include a task breakdown for the design, agreed to by the Department, showing all activities expected to occur during the design process, which shall be attached to and become a part of the contract.
(3) If a contract is not signed within six months of the date the application is approved, the grant may be withdrawn or the application revised.
(4) Grant funds shall be paid on a reimbursable basis at least quarterly but no more often than monthly at the Department's discretion, subsequent to submittal and approval of study or design cost invoices.
(5) If the applicant fails to meet the requirements of Section 499.6.2, no further payments will be made pursuant to a design contract until a final CEQA document has been adopted and a Notice of Determination has been filed. Payments may be reinstated at the Department's discretion at that time.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
s 499.8. Recordkeeping.
(a) The recipient shall maintain all records and documents pertaining to the grant for three years after completion of the feasibility studies or designs and any subsequent projects.
(b) All grant recipients shall submit a feasibility study or design progress report that includes a record of expenditures to the Department quarterly, commencing three months from the date of grant award and ending with the acceptance of the completed feasibility study or design.
(c) All recipients' records and documents pertinent to the grant shall be available for inspection and audit by the Department during normal business hours.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6 and 79068.8, Water Code.
s 500. Purpose and Authority.
These regulations are adopted by the Department of Water Resources pursuant to Public Resources Code Section 21082 to implement, interpret, and make specific those provisions of the California Environmental Quality Act (Division 13, Public Resources Code, commencing with Section 21000) which supplement the requirements of the Rules and Regulations promulgated by the Secretary of the Resources Agency (Title 14, Cal. Admin. Code, commencing with Section 15000, hereinafter cited as the "State CEQA Guidelines").
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050.
s 501. Incorporation of State CEQA Guidelines.
(a) The State CEQA Guidelines (Title 14, Division 6, Chapter 3) are hereby incorporated by reference as if fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given them in the State Guidelines, unless the context clearly requires a different meaning.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050.
s 502. Additional Definitions.
In addition to the terms used in the State CEQA Guidelines, the following terms used in this regulation have the following meanings:
(a) Department. Department means the Department of Water Resources.
(b) Director. Director means the Director of Water Resources or the person to whom he has delegated the authority to carry out the activities referred to in the State CEQA Guidelines and this subchapter.
(c) Project Proponent. Project Proponent means the person who undertakes an activity which involves Department financing or regulation.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050.
s 503. Fees for Preparation of Negative Declaration or EIR.
(a) The Department may charge and collect a reasonable fee from a person proposing a project for which the Department must prepare an EIR or Negative Declaration. The fee will be an amount which will recover the costs incurred by the Department in preparing such EIR or Negative Declaration.
(b) Where the Department will charge a fee for preparation of an EIR, it shall charge and collect a deposit as provided in this section. The amount of the deposit shall be calculated as follows:
(1) The minimum deposit shall be $600 for projects with estimated capital costs of $20,000 or less. The maximum deposit shall be $150,000 for projects with estimated capital costs of $160,000,000 or more. The scale of other deposits is set forth in the tabulation below:
Estimated Capital Cost
of Proposed Project
From To Deposit
$ 20,000 $ 100,000 $ 600+3.00% of excess over $20,000
$ 100,000 $ 1,000,000 $ 3,000+1.00% of excess over $ 100,000
$ 1,000,000 $ 10,000,000 $ 12,000+0.20% of excess over $ 1,000,000
$ 10,000,000 $100,000,000 $ 30,000+0.10% of excess over $10,000,0000
$100,000,000 $160,000,000 $120,000+0.05% of excess over $100,000,000
(2) The Department shall separately account for the deposit collected and the charges thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. A final accounting shall be rendered by the Department after the Final EIR is considered and adopted.
(3) If in the final accounting the deposit exceeds the actual costs incurred by the Department for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the deposit, the project proponent shall be billed for the difference.
(4) The Director may adjust or waive deposits for minor projects. For projects with an estimated capital cost of more than $1,000,000, the Director may permit payment of the deposit in increments.
(5) No such EIRs shall be presented to the Department for approval or adoption until the project proponent has reimbursed the Department for the costs of preparation and processing of the EIR.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21089, Public Resources Code.
s 504. Categorically Exempt Activities.
In compliance with the requirements of the State CEQA Guidelines, the following list of categorically exempt activities of the Department has been compiled. This list is subject to the limitations on categorical exemptions set forth in the State CEQA Guidelines. This list does not preclude categorical exemptions of other activities that come within the State CEQA Guidelines.
(a) Class I consists of the operation, repair, maintenance or minor alteration of the following facilities where there is negligible or no expansion of use beyond that previously existing:
(1) Conservation Facilities of the State Water Project;
(2) Transportation Facilities of the State Water Project;
(3) Power Facilities of the State Water Project;
(4) Recreation Facilities of the State Water Project;
(5) Flood Control Facilities which are direct responsibility of the Department or which are the responsibility of the Department as "Maintenance Area";
(6) Data Collection Facilities of the Department;
(7) Dams subject to the jurisdiction of the Department's Division of Safety of Dams;
(b) Class II includes replacement or reconstruction of existing structures and facilities where required at the facilities listed in Class I.
(c) Class III includes the location and construction of minor accessory structures and the installation of new equipment where required at the facilities listed in Class I.
(d) Class IV includes minor public or private alterations to land, water or vegetation which do not involve the removal of mature, scenic trees where required at the facilities listed in Class I.
(e) Class V includes the issuance of minor encroachment permits to facilities of the State Water Project in areas with less than a twenty percent slope which do not result in changes in land use or density.
(f) Class VI includes the collection of basic data, research and experiments carried out by the Department which are necessary for planning and feasibility studies, investigations and preparation of environmental documents.
(g) Class IX includes the inspection of dams and flood control facilities.
(h) Class XI includes the construction or placement of minor structures accessory to the facilities listed in Class I.
(i) Class XII includes the sale of surplus property of the Department, as limited by the State CEQA Guidelines.
(j) Class XIII includes acquisition of land by the Department for fish and wildlife conservation purposes where the land will be preserved in its natural condition. This class also includes the transfer of such land to the Department of Fish and Game.
(k) Class XVI includes the acquisition of land in order to establish a park as limited by the State EIR Guidelines. This class also includes the transfer of such land to the Department of Parks and Recreation.
(l) Class XXI includes the enforcement of the orders or terms and conditions of certificates of approval issued by the Department including but not limited to those issued by the Division of Safety of Dams, the revocation or enforcement of permits and licenses issued under the California Weather Resources Management Act and the enforcement or revocation of encroachment permits or easements.
(m) Class XXII includes the Department's training programs which involve no physical alteration of the area affected.
(n) Class XXV includes the acquisition of land by the Department or transfer of such land in order to preserve open-space, as limited by the State CEQA Guidelines.
(o) Class XXVII includes the leasing of privately-owned office space by the Department, as limited by the State CEQA Guidelines.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 505. State Guidelines.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21082, 21083, Public Resources Code.
s 506. Department.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
s 507. Director.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
s 508. Environmental Documents.
Note: Authority cited: Section 21082 Public Resources Code. Reference: Sections 21082, 21061, 21064, 21092, 21108, 21161.
s 509. Project Proponent.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
s 510. Applicability.
This chapter establishes procedures for public participation in the determination of a revenue requirement and standards for whether the revenue requirement is just and reasonable. The regulations in this chapter are not intended to implement, interpret, or make specific any other duties or responsibilities of the department under the Act.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80003, 80004, 80100, 80102, 80110, 80134 and 80200(d), Water Code.
s 511. Definitions.
(a) "Act" means Chapter 4 of the First Extraordinary Session of 2001 of the California Legislature (commonly known as "AB1X"), as amended by Chapter 9 of the First Extraordinary Session of 2001 of the California Legislature, and as codified in part as Division 27 of the California Water Code.
(b) "Comment" means any written communication to the department regarding a proposed determination, including additional material proposed for consideration by the department, submitted in accordance with this chapter, and excluding information received at a workshop, if one is held.
(c) "Commission" means the California Public Utilities Commission.
(d) "Department" means the State of California Department of Water Resources, acting under the authority and powers granted by the Act, and not under its powers and responsibilities with respect to the State Water Resources Development System or with respect to any other program it administers.
(e) "Determination" means a determination by the department of a revenue requirement of a certain amount that, together with any moneys on deposit in the Electric Power Fund, is sufficient to provide the amounts necessary to pay obligations authorized by the Act, and that such revenue requirement is just and reasonable.
(f) "Electric Power Fund" means the Department of Water Resources Electric Power Fund established by Water Code section 80200.
(g) "Mailed" means deposited with the United States Postal Service with postage prepaid. If agreed to by the recipient, the mailing of any notice under this chapter may be accomplished by electronic-mail.
(h) "Material" means data and other factual information, technical, theoretical, and empirical studies or reports.
(i) "Notice" means a notice of opportunity to submit comments, unless otherwise specified.
(j) "Proposed determination" means a department proposal to issue a determination, presented for public comment as described in this chapter.
(k) "Rate Agreement" means the rate agreement between the department and the commission approved pursuant to Decision 02-02-051 of the commission.
(l) "Record" means, with respect to any given determination, the notices issued under this chapter with respect to the determination, written comments submitted in response to the notices, material relied on by the department, the proposed determination, requests for reconsideration, and the determination. "Record" does not include information submitted in any form at a workshop, if one is held.
(m) "Revenue requirement" means an amount, or a revision to the amount, to be established by the department, and of which the department is to notify the commission, in compliance with Water Code sections 80110 and 80134. Each revenue requirement shall relate to the period of time specified in the determination.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80004, 80110, 80134 and 80200(d), Water Code.
s 512. Notice of Opportunity to Submit Comments.
(a) The department shall provide to interested parties an opportunity to submit comments on each proposed determination made by the department as provided in this chapter.
(b) At least 21 calendar days prior to the close of the opportunity to submit comments on a proposed determination, or upon such shorter or longer time period as the department deems reasonably necessary under the circumstances, a notice shall be:
(1) mailed to every person who has filed a request for notice,
(2) electronically mailed to every person who requests to be notified by electronic e-mail, and
(3) posted on the department's website.
(c) For the purposes of subsection (b), seven calendar days prior to the close of the opportunity to submit comments shall be deemed to be the time period necessary under the circumstances with respect to any revenue requirement required to be filed with the commission pursuant to the second sentence of section 4.1(b) of the Rate Agreement. For the purposes of subsection (b), one business day prior to the close of such opportunity shall be deemed to be the time period necessary under the circumstances with respect to any revenue requirement required to be filed with the commission pursuant to the last sentence of section 4.1(b) of the Rate Agreement.
(d) If, after any notice, the department subsequently provides additional time to submit comments, the department shall provide notice of the additional time by posting a notice on its website, mailing a notice to every person who has filed a request for notice, and electronically mailing a notice to every person who has requested to be notified by electronic mail.
(e) A notice under this section shall include the following:
(1) The mailing and electronic-mail address at which comments must be received, and the deadline for receipt of comments.
(2) A statement explaining where a copy of the proposed determination is available for review. The proposed determination shall include the amount of the proposed revenue requirement, a written explanation of the assumptions and methodologies underlying the proposed determination, a written explanation of how the department reached the proposed determination, and reference to the material relied upon by the department to support the proposed determination.
(3) A statement explaining the process under section 514 for disclosure of certain proprietary or confidential information.
(4) The time and place of a workshop on the revenue requirement if the department, at its discretion, decides to hold a workshop.
(5) The amount of time to be allowed, after the date of electronic publication of the determination, for requests for reconsideration. A reasonable time period shall be allowed, taking into consideration the time constraints for submitting a determination to the commission.
(f) If a notice is given substantially in the manner described in this section, a deficiency in its content or delivery shall not be a basis for invalidating a determination.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
s 513. Notice of Significant Additional Material Relied Upon.
(a) If following a notice pursuant to section 512 the department identifies significant material that it intends to rely upon in making its determination, but which was not identified in the proposed determination, the department shall provide notice of such additional material to those persons who received the original notice by the same means as the original notice. The notice will also explain how the material will be made available for review.
(b) A notice of significant additional material shall set a reasonable period of time for receipt of comments on that additional material and state the mailing and electronic-mail addresses at which the comments must be received.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
s 514. Confidential Information.
The department shall not disclose any proprietary information or other information in the record that the department must keep confidential pursuant to contract or law, but, if such contract or law permits, the department shall make such information available upon receipt, from the person requesting disclosure, of (a) a valid and binding nondisclosure agreement in a form that the department has determined meets the requirements of the applicable contractual or legal confidentiality requirements, and (b) a showing that the disclosure is necessary in order to prepare comments on a determination.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80004, 80110, 80134 and 80200(d), Water Code.
s 515. Comments.
(a) Comments must be in typewritten form and may be submitted by electronic-mail, U.S. mail, or hand delivery, subject to the requirements set forth in this section. All copies must be clear and permanently legible.
(b) Comments must identify the determination that is the subject of the comment by referencing the deadline stated in the notice under section 512 or section 513.
(c) Comments submitted to the department must be signed. Comments submitted on behalf of a business or organization must be signed by a person authorized to comment, and must include the name and title of the signatory, the date of signing, the signatory's business address, and the signatory's business telephone number. Signatures for comments submitted by electronic-mail shall be delivered to the department pursuant to section 515(f).
(d) A signature on submitted comments certifies that the signatory has read the comment and knows its contents; that to the signatory's best knowledge, information, and belief, formed after diligent inquiry, the facts are true as stated; that any legal contentions are warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law; that the comments are not tendered for any improper purpose; and that the signatory has full power and authority to sign the document.
(e) No documents or records submitted as comments which purport to be statements of fact shall be considered by the department, unless the documents or records have been certified to the best of knowledge by the person preparing or in charge of preparing them as being true and correct.
(f) Comments submitted through electronic-mail shall be considered by the department only if an original, signed copy of the comment is also received within three working days after the comment is received electronically.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
s 516. Determination on the Record.
(a) After considering comments timely received in response to a notice and otherwise in conformance with the requirements of this chapter, the department shall issue a determination on the record. Upon issuance, the department shall post a copy of a determination on its website and mail or electronically mail a notice of posting to all persons requesting such notification, to all persons who submitted comments on the proposed determination, and to all persons who submitted requests for reconsideration.
(b) Requests for reconsideration shall be considered by the department if submitted within the time set forth in the notice issued pursuant to section 512.
(c) If the department proposes to revise a determination or a revised determination, before or after it is submitted to the commission but prior to the time that the commission order implementing the determination is adopted, the department shall give notice of the proposed revision in the manner specified in section 513. The department shall consider comments received in response to the notice of proposed revision and specifically directed at the proposed revision. The department shall issue a revised determination on the record in the manner specified in section 516(a). A determination revised in accordance with this section, 516(c), shall not be subject to requests for reconsideration.
(d) Each determination, including any revised determination, shall be effective upon issuance pursuant to section 515(a), including for the purpose of submission to the commission at such time as may be determined by the department, notwithstanding any subsequent reconsideration or proposed revision.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
s 517. Standards.
(a) To protect ratepayer interests, the record of the determination must demonstrate by substantial evidence that the revenue requirement is just and reasonable, considering the circumstances existing or projected to exist at the respective times of the department's decisions concerning whether to incur the costs comprising such revenue requirement, and the factors which under the Act are relevant to such determination and such decisions, including but not limited to the following:
(1) The development and operation of the program as provided in the Act is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose;
(2) The department must do those things necessary and authorized under chapter 2 of the Act to make power available directly or indirectly to electric consumers in California; provided that except as otherwise stated, nothing in the Act authorizes the department to take ownership of the transmission, generation, or distribution assets of any electrical corporation in the State of California;
(3) Upon those terms, limitations, and conditions as it prescribes, the department may contract with any person, local publicly owned electric utility, or other entity for the purchase of power on such terms and for such periods as the department determines and at such prices the department deems appropriate taking into account all of the factors listed in section 80100 of the Water Code;
(4) The department may sell any power acquired by the department pursuant to the Act to retail end use customers, and to local publicly owned electric utilities, at not more than the department's acquisition costs, including transmission, scheduling, and other related costs, plus other costs as provided in section 80200 of the Water Code;
(5) The department must, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys on deposit in the Electric Power Fund, to provide for all of the amounts listed in section 80134(a) of the Water Code, including but not limited to the repayment to the General Fund of appropriations made to the Electric Power Fund for purposes of the Act; and
(6) Obligations of the department authorized by the Act shall be payable solely from the Electric Power Fund.
Note: Authority cited: Section 80014, Water Code. Reference: Section 80000, 80003, 80100, 80102(b), 80116, 80134 and 80200, Water Code.
s 595. General Provisions.
NOTE: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:
Department of Water Resources 1416 Ninth Street Sacramento, California 95814
Fair Political Practices Commission 1100 "K" Street Sacramento, California 95814
Archives Secretary of State 1020 "O" Street Sacramento, California 95814
The Conflict of Interest Code is designed as Chapter 5 of Division 2 of - Title 23 of the California Code of Regulations, and consists of sections numbered and titled as follows:
Chapter 5. Department of Water Resources - Conflict of Interest Code
Section
595. General Provisions
Appendix
Note: Authority cited: Sections 87300, and 87306, Government Code. Reference: Sections 87300-87302 and 87306, Government Code.
s 600. Draft EIR Procedures.
s 601. Notice of Completion.
s 602. Review of Draft EIR.
s 603. Final EIR Preparation.
s 604. Processing of Final EIR.
s 605. Notice of Determination.
s 606. Final EIR to Local Planning Agencies.
s 620. General.
s 621. Consultation As an Approval Agency.
s 622. Consultation As a Jurisdictional Agency.
s 623. Consultation As an Agency with Expertise.
s 624. Review of Sufficiency.
s 625. Designation of Contact Person.
s 630. Categorical Exemptions.
s 649.6. Authority (Conflict of Interest Code).