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 499.7 - Application and Funding Process

Universal Citation: 23 CA Code of Regs 499.7

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

(a) Applications for grant funding for feasibility studies received by November 15 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 fiscal year. Award of feasibility study contracts will be subject to availability of funds.

(b) Applications for grant funding for design or implementation may be submitted at any time during the year. Applications will be processed on a first-come first-served basis. Award of design or implementation 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 and CPM diagram, 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 and CPM diagram, 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) All implementation contracts shall include:
(A) A task breakdown and CPM diagram, agreed to by the Department, showing all activities expected to occur during project implementation.

(B) A cost-sharing formula that provides that the recipient pays at least that portion of the eligible implementation costs of the project required by Section 499.5(d) of these regulations.

(C) A requirement that the recipient assures operation and maintenance of the completed project and any associated environmental mitigation and/or enhancement measures.

(D) A requirement that the recipient indemnifies and holds the State, its agencies, officers and employees free and harmless from any and all liability arising out of the design, implementation, operation and maintenance of the project.

(E) Any other requirements deemed necessary by the Department including increased requirements with regard to indemnification.

(4) 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.

(5) 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, design, or implementation cost invoices.

(6) If the applicant fails to meet the requirements of Section 499.6.1(b) of these regulations, 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.

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 of section and NOTE 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 and NOTE as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of section and NOTE 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, including amendment of subsections (a) and (f)(3)(C), 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 12585.5, 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.

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