California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 2.5.2 - Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act
Section 499.4 - Feasibility Studies

Universal Citation: 23 CA Code of Regs 499.4

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

(a) The Department shall administer a grant program to fund feasibility studies consistent with the Bond Law and these regulations. 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 schedule for project completion in a bar graph format.

(7) An estimated total cost of the project showing details of project costs.

(8) Information that demonstrates how recipients would comply with all local, state, and federal requirements, including but not limited to: the regulatory requirements of the Federal Energy Regulatory Commission, the U.S. Army Corps of Engineers and others; CEQA; state and federal Endangered Species Acts; and the federal Clean Water Act. Recipients 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 the proposed project's consistency with those plans.

(11) The amount of state funding identified for implementation, the sources and amounts of other funds to be applied toward the project, and other information regarding the financial feasibility of project implementation.

(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 reimburse up to 100 percent of eligible study costs.

(e) The Department may require the recipient 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 recipient should consider the analytical methods described in Economic 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 design or implementation of a proposed project.

1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and NOTE filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).

Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79068.10, Water Code.

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