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 576 - Finality of Authorized State Cost-Share; Adjustment

Universal Citation: 23 CA Code of Regs 576

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

The State Cost-Share authorized by the approving authority will be the final value, except in the circumstances described below.

(a) Adjustments Due to Change of Project or Estimate of Nonfederal Capital Cost. If the Department or Board determines that there has been a substantial change in the Project, which would materially alter the scope or function of a Project, or the estimated Total Project Cost has changed by thirty percent or more, the contributions to the Objectives and the recommended State Cost-Share must be recalculated using the methods described in Sections 574 and 575.

(1) If the resulting recommended state cost share is different than the previously authorized state cost share, the Department or Board will submit the revised information to the approving authority as an addendum to the report as required by Water Code Section 12582.7(b). The addendum must include all the items required in Section 573(b).

(2) If a new State Cost-Share is authorized that is less than the previously authorized State Cost-Share, then the new State Cost-Share will apply, and the Department or the Board may seek a refund of Project reimbursements made or withhold further reimbursements until the revised contribution percentage is achieved.

(3) If a new State Cost-Share is authorized that is more than the previously authorized State Cost-Share, then the new State Cost-Share will apply and the Department or Board shall pay additional costs authorized as funds may be available.

(b) Adjustments Due to Differences Between Planned and Actual Attainment of Supplemental Objectives.

If the Report to the Legislature provided pursuant to Section 572(h) contains an increased State Cost-Share because the Project includes plans for attainment of the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective, the Department or Board shall include a recommendation that the Department or Board be given authority to make adjustments to the State's Cost-Share in the event that there is a difference between the planned and actual expenditures made toward attainment of these Objectives. If the Legislature gives the Department or Board authority to make adjustments, the final State Cost-Share will be established at the Project completion/closeout, or any final audit, if any. The State Cost-Share towards these enhancements will be based on the final contribution to each Objective made by the Sponsor. Adjustments to the State's Cost-Share will be reported to the Legislature, as provided for in Section 572(g)(4).

(c) Adjustments for Small Flood Management Projects

For small flood management projects authorized by Section 12750, the Department shall determine the State's Cost-Share and the Department may adjust the State's Cost-Share if there are changes to the Project or differences between planned and actual expenditures toward the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective.

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

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

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