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 499.4.2 - Implementation

Universal Citation: 23 CA Code of Regs 499.4.2

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

(a) The Department shall administer a grant program to fund implementation of projects consistent with the Bond Law and these regulations. Implementation of projects funded under this Chapter shall use information from one or more designs accepted by the Department to put the project into effect. For the purposes of this section, the design or aggregate of designs is identified as "the accepted design".

(1) Before implementation of the accepted design, the recipient may subdivide it into more than one implementation unit.

(2) Whether or not the design is subdivided, the recipient shall provide a written statement to the Department that shall:
(A) Describe each unit and its estimated costs.

(B) Substantiate that the unit, or a group of units that includes the unit, is economically feasible.

(C) Identify or provide a financing plan that includes the identified economically feasible unit or group.

(D) Declare that the recipient intends to implement all the units of any such group.

(3) The recipient may implement separately any unit that conforms to Section 499.4.2(a)(2) of these regulations, provided that either
(A) The unit is economically feasible, or

(B) The Department, in writing, at its sole discretion, waives economic feasibility for the unit.

(4) Implementation of constructed projects or project elements shall conform to the drawings, specifications, and design report contained in the accepted design and to any changes subsequently accepted in writing by the Department.

(5) Implementation of projects or project elements not requiring construction shall conform to the description of actions to be taken, including drawings, charts and diagrams, contained in the accepted design, and to any changes subsequently accepted in writing by the Department.

(6) The cost estimates in the accepted design and in the statement documenting selection of the unit, if any, will be used to establish funding.
(A) The initial amount of funding to be granted for implementation will be based on the unit prices and quantities in the accepted design and in any statement documenting selection of the unit, information provided in the implementation grant application about the cost share to be borne by the applicant, and circumstances of the funding process including availability of funds.

(B) When a contractor performs the work, funding may be adjusted to correspond to the contractor's bid prices, at the discretion of the Department.

(C) When the recipient performs the work directly, the unit prices in the accepted design will apply.

(D) Funding may be further adjusted to correspond to changes subsequently accepted by the Department.

(E) All increases in funding pursuant to Sections 499.4.2(a)(6)(B) or 499.4.2(a)(6)(D) of these regulations are subject to the availability of funds.

(b) Implementation will result in a complete, sustainable and maintainable project completed according to the accepted design and accepted changes. The project will comply with all applicable permits, standards, laws, and other local, State, and federal requirements. These include but are not limited to the regulatory requirements of the Federal Energy Regulatory Commission, the U.S. Army Corps of Engineers, The Reclamation Board, the State Water Resources Control Board, and other agencies. Recipients shall also comply with CEQA, State and federal Endangered Species Acts, and the federal Clean Water Act.

(c) The initial schedule for implementation shall be derived from the CPM diagram in the accepted design, updated as to starting date when such date has been determined. The schedule may be adjusted to reflect changes acceptable to the Department.

(d) The recipient shall obtain any permits required for any feature of the work before commencing implementation of that feature.

(e) Projects to be funded may be implemented by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities. Actual implementation may be performed by a contractor under a contract conforming to the contracting laws of the State of California.

(f) The Department may reimburse up to 70 percent of eligible implementation costs, except that eligible costs for implementation of enhancements funded by the Department of Fish and Game under Water Code Section 79068.14 may be reimbursed up to 100 percent.

1. New section 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.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 7).
3. New section 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.
4. Certificate of Compliance as to 1-5-2007 order, including amendment of subsection (a)(2), 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, 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.

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