California Code of Regulations
Title 14 - Natural Resources
Division 8 - Environmental Affairs Agency
Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program
Section 19003 - Grant Process and Timetable

Universal Citation: 14 CA Code of Regs 19003

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The schedule and key steps of this grant program are provided in Table 1. The application process consists of two stages.

(1) Stage One is pre-application. After informal consultation with the Office of Offshore Development, coastal cities will prepare and submit to SEA pre-applications for the projects which they believe should be funded. Pre-applications shall be prepared in conformance with the information requirements of Section 19004(a) below. SEA will screen the pre-applications based on the criteria in Section 19004(b). Projects meeting all criteria will advance to Stage Two.

(2) In Stage Two, coastal cities will prepare draft applications for the qualified projects. The application shall contain all information requested in Section 19005(a). In accordance with Section 35040(b), the drafts must be circulated locally and to the State Clearinghouse for public comments. At least one public hearing must be held by the applicant during the public comment period pursuant to Section 35040(b). Ten copies of each draft shall also be submitted to the State Clearing House 30 days prior to the public hearing, for review and comments by State agencies.

(b) Three copies of the final application shall then be submitted to SEA. The applications will be reviewed, and eligible applications shall be given a preliminary ranking according to the criteria in Section 19005(b). The preliminary rankings will be reviewed by SEA's Local Government OCS Advisory Committee. The Secretary will then approve the final rankings, and a notice of intent to award will be issued. As certification of compliance with California Environmental Quality Act (CEQA), in accordance with Public Resources Code sections 21000 et seq. is completed by each applicant, the notice of intent to award will be issued on individual projects. Note that compliance with CEQA must be completed prior to the actual allocations of grant funds, in accordance with Public Resources Code section 21150.

(c) Following the Secretary's decision, issue of the notice of intent to award, a seven day protest period will be provided for filing a written appeal to the Secretary. Reasons why an application should be reconsidered shall be clearly stated. SEA shall determine whether or not to reconsider a project. Findings will be provided for projects which have received reconsideration. The decision of SEA shall be final. Rankings will be evaluated semi-annually in accordance with the ranking criteria described in Section 19005(b).

(d) Work on the approved projects shall not be initiated until the grant agreement is signed by SEA and the grantee. The agreement will include the following:

(1) Work statement contained in the grantee's application (or as amended per SEA evaluation);

(2) Schedule contained in the grantee's application (or as amended per SEA evaluation);

(3) Description of work products as contained in the grantee's application (or as amended per SEA evaluation);

(4) Written certification of compliance with the reporting and fiscal accounting requirements in Sections 19007 and 19008, below;

(5) Written certification of compliance with special conditions (if any);

(6) Written certification of compliance with CEQA, in accordance with PRC Sections 21000 et seq., and other applicable rules and regulations;

(7) Written certification of compliance with the State Coastal Management Program as constituted in Section 30008 of the California Coastal Act, PRC Division 20.

(e) The grantee shall obtain prior written approval from SEA before making changes to the grant agreement. All requests should include a description of the proposed change and reasons for the change. Such change may include budget line item revisions, task modifications, and schedule changes.

(f) SEA may terminate any grant in whole, or in part, at anytime before the date of completion, whenever SEA determines that the grantee has failed to comply with the terms and conditions of the grant. SEA shall promptly notify the grantee in writing of the determination, reasons for termination, and appeal process. Payment made to the grantee or recoveries by SEA under grants terminated for cause shall be in accord with the legal rights and liabilities of the parties.

(g) Projects funded under this grant program must be completed by May 1989 unless otherwise approved by SEA. Exceptions will be evaluated and granted on a case-by-case basis at the application stage in accordance with the ranking criteria described in Section 19005(b) below. Progress reports shall be submitted to SEA semi-annually, and a final report shall be submitted within 30 days after the end of the grant term.

1. New section filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-19-86.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 87, No. 2).
3. New section filed 1-8-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 2).

Note: Authority cited: Section 35041, Public Resources Code. Reference: Section 3500, Public Resources Code.

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