California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 4.5 - Financial Assistance for Flood Management Projects and Small Flood Management Projects
Section 572 - Process to Determine Project Eligibility and State Cost Share

Universal Citation: 23 CA Code of Regs 572

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

The Department or Board shall use the following process to determine Project eligibility for State Cost-Sharing:

(a) As soon as practical, a Sponsor shall notify the Department or Board in writing when it intends to participate in a federal feasibility study that would result in a request for state cost-sharing for a flood damage reduction project. The Department will need to be notified for a Project that is in California but not on lands along the Sacramento and San Joaquin Rivers and their tributaries and distributaries for which the Board had given assurances to the federal government. Otherwise, the Board will need to be notified for a Project on lands along the Sacramento and San Joaquin Rivers and their tributaries and distributaries for which the Board has indicated an intent to give assurances to the federal government or will provide financial assistance under Water Code Section 12582.7. Following the notification and throughout the course of the study, contingent upon the appropriation of sufficient funds, the Department or Board staff shall review the initial scoping process, feasibility evaluation, environmental review, and Project approval process to inform the Sponsor when the opportunities for including multipurpose Objectives in the project have been adequately evaluated. While developing recommendations regarding the State Cost-Share, the Department or Board may consult with the Sponsor, any person or organization, local agencies, and state agencies with an interest in or jurisdiction over any of the objectives of the Project.

(b)

(1) During the preparation of the Federal Feasibility Study Report, the Department or Board staff shall attend a site inspection tour of the Project arranged by the Sponsor. If the Project is past the feasibility phase, then the Sponsor shall arrange for this tour as soon as reasonably possible. The Sponsor shall invite interested local and state agencies, organizations and persons, including the general public, by providing written or other reasonable notifications and publication at least ten calendar days before the tour. The Sponsor shall give a field and informational tour of the Project and discuss opportunities to include multipurpose Objective.

(2) During the feasibility evaluation, the Department or Board shall provide the Sponsor with a written preliminary determination of eligibility for State participation based on the requirements set forth in Water Code Section 12582.7(a), and an estimate of the percent of the State Cost-Share.

(c) Once the Project is federally authorized, the Sponsor will prepare and submit a Draft Nonfederal Cost-Sharing Report to the Department or Board. This report must document the effect of the Project's nonfederal capital contributions to the multipurpose Objectives using the methods set forth in Sections 573 and 574, and estimate the cost to the State for the State's share of the Nonfederal Capital Costs of the Project. The Sponsor shall submit:

(1) For each Objective, the level of the Project's contribution and substantiating data listed in Sections 573 and 574.

(2) Substantiating data to demonstrate whether the Project meets the requirements set forth in Water Code Sections 12582.7(a) and 12585.9 including the mitigation of individual and cumulative hydraulic impacts.

(3) Supporting documentation including but not limited to Federal Feasibility Study Report and environmental documents.

(d) The Department or Board will review the Draft Nonfederal Cost-Sharing Report for completeness and accuracy, and, if necessary, return it to the Sponsor for revisions based upon comments and recommendations of the Department or Board. The Department or Board must notify the Sponsor in writing upon determination that the Draft Nonfederal Cost-Sharing Report meets the requirements set forth in Water Code Section 12582.7(a).

(e) Within thirty days of notification that the Draft Nonfederal Cost-Sharing Report meets the requirements set forth in Water Code Section 12582.7(a), the Sponsor must post the report on the Sponsor's website and circulate the Draft Nonfederal Cost-Sharing Report to interested persons and organizations, and will allow written comments for forty-five days.

(f) The Sponsor will submit a Final Nonfederal Cost-Sharing Report to the Department or Board.

(g) The Department or Board will recommend a State Cost-Share.

(1) If a Sponsor includes work within the Project scope for which the State is providing or has previously provided a State cost-share under any program administered by the State, costs associated with the work for which the State is providing or has previously provided a cost-share shall be deducted from the Total Capital Costs and the Nonfederal Capital Cost to determine the the portion of the costs eligible for a State Cost-Share in accordance with these regulations.

(2) If the Department or Board finds the Project will meet none of the Objectives described in Water Code Sections 12585.7(d)(1) through 12585.7(d)(5), the Department or Board will recommend that the State Cost-Share will be 50 percent.

(3) If the Department or Board recommends an increased State Cost-Share because the Project qualifies for the Disadvantaged Area Objective or State Facilities Objective, the recommendation shall be based on information that is available at the time the recommendation is made. The Department or Board may update this recommendation to reflect new information up until the time the Legislature authorizes the Project and establishes the State Cost-Share.

(4) If the Department or Board recommends an increased State Cost-Share because the Project is expected to qualify for the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective, the recommendation shall be based on the plans provided for attainment of these Objectives at the time the recommendation is made. As a part of its recommendation to the Legislature, the Department or Board may recommend that the Legislature authorize the Department or Board to make adjustments to the State Cost-Share if there is a difference between the planned and actual expenditures made toward the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective in accordance with Section 576(b). If the Legislature authorizes the Department or Board to make adjustments, any adjustment made shall be reported to the fiscal committees and the appropriate policy committees of the Legislature as an amendment to the Report to the Legislature.

(h) The Department or Board will submit a Report to the Legislature except in the case of small flood management projects authorized pursuant to Water Code section 12750.

(i) The Legislature will determine the final state cost share except in the case of small flood management projects authorized pursuant to Water Code section 12750.

1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section and NOTE filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).

Note: Authority cited: Sections 12582.7, 12585.7, 12585.9, 12601 and 12750, Water Code. Reference: Sections 12582.7, 12585.7 and 12750, Water Code.

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