California Code of Regulations › Title 23 - Waters › Division 7 - California Water Commission › Chapter 1 - Water Storage Investment Program › Article 4 - Conditional Eligibility and Funding Process › Section 6014 - Managing Public Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission shall provide for the management of public benefits provided by the
				  projects through the Program by:
(1)
				  Implementing Water Code section
				  79755 prior to
				  the award of funding pursuant to section
				  6013.
(2) Pursuant to the requirements of Water
				  Code section
				  79755, any
				  project funded under the Program shall enter into a contract with each of the
				  appropriate State agencies, CDFW, the State Water Board, and the Department
				  (administering agencies) to administer the public benefits of the project.
				  These contracts shall supersede any preliminary operations, monitoring, and
				  management commitments made in the Program application.
(A) The contract between an administering
				  agency and applicant shall contain:
1. An
				  adaptive management plan for the public benefits funded under the Program. The
				  adaptive management plan shall contain:
a.
				  Public benefit monitoring metrics;
b. Monitoring locations, frequencies, and
				  timing;
c. Metric evaluation
				  methodology and associated threshold or trigger levels based on best available
				  science that initiate adaptive management actions;
d. Decision making process including the
				  administering agency role and the adaptive management actions that would be
				  taken when a trigger is reached;
e.
				  Funding sources and financial commitments to implement the adaptive management
				  plan;
f. Other items deemed
				  necessary on a case-by-case basis by administering agencies entering into the
				  contract.
2. A
				  description of public benefits being administered;
3. Reporting requirements between the
				  administering agency and the applicant. Reporting requirements shall be on a
				  contract-by-contract basis, depending on the type of public benefits to be
				  achieved;
4. A provision requiring
				  reporting to the Commission. Reporting may be consistent with the reporting in
				  Section 6014(a)(2)(A)(3).
				  Reporting to the Commission shall include:
a.
				  Documentation of public benefits provided;
b. Description of any public benefit changes
				  and how they were adaptively managed; and
c. Other information as deemed appropriate by
				  the administering agency.
5. Assurances, as determined by the
				  administering agency and applicant, regarding how the project will be operated,
				  maintained, repaired, replaced and rehabilitated;
6. A provision allowing the administering
				  agency to inspect the project during construction and operation;
7. Actions the administering agency may take,
				  if the project fails to comply with its contractual responsibilities;
				  and
8. Other provisions deemed
				  necessary by the administering agency.
(B) Prior to the execution of the contract
				  between the administering agency and the applicant, the administering agency
				  may submit a draft of the contract to the Commission. The Commission, after
				  considering any public comment, may offer comment for the administering
				  agency's consideration prior to execution.
(C) The applicant shall submit the executed
				  administering agency contracts to the Commission in compliance with section
				  6013(c).
(3) After an applicant has met the
				  requirements of section
				  6013, the applicant responsible
				  for the project funded under the Program shall enter into a funding agreement
				  with the Commission. The funding agreement shall include language consistent
				  with the requirements of the contracts and permits identified in section
				  6013(c)(2) and
				  (5), respectively, and describe how the
				  funding recipient will ensure the public benefits identified by the project are
				  achieved.
(4) Once a project is
				  operational and providing public benefits, the Commission shall track the
				  public benefits received and provide access to data and reports to the public.
				  Reports submitted pursuant to section
				  6014(a)(2)(A)(4)
				  will be posted to the Commission's website within one week of receipt. In
				  addition to reports received by the Commission, the Commission may request
				  administering agencies or funding recipients to present additional information
				  regarding project public benefits at a Commission meeting.