California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 1 - State Public Assistance Program › Section 2900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to this article:
(a) "Act" means the California Disaster
				  Assistance Act (Government Code Sections
				  8680-
				  8692).
(b) "Betterment" means any work performed by
				  a local agency which exceeds restoring a facility to its predisaster design
				  and/or that exceeds Cal OES approved mitigation measures.
(c) "Cal OES" means the California Governor's
				  Office of Emergency Services.
(d)
				  "CEQA" means the California Environmental Quality Act (Public Resources Code
				  Sections
				  21000
				  et seq.).
(e) "Credits" mean
				  receipts or reductions that offset or reduce eligible costs. Credits include,
				  but are not limited to, purchase discounts, rebates or allowances, recoveries
				  or indemnities on losses, insurance settlements, refunds or rebates, and
				  funding provided by other sources.
(f) "Current Codes and Standards" means those
				  applicable codes or standards for the construction and design of public real
				  property, which have been formally adopted by the local or state governing body
				  on or before the date of the disaster occurrence or which are required by a
				  permitting agency as defined in paragraph (u) of this Section. In addition,
				  codes and standards must be reasonable, apply to the type of work being done,
				  be appropriate for the pre-disaster use of the subject facility, apply
				  uniformly to all such facilities, and be uniformly enforced.
(g) "Disaster" means a fire, flood, storm,
				  tidal wave, earthquake, terrorism, epidemic, or other similar public calamity
				  that the Governor determines presents a threat to public safety.
(h) "Donated resources" means unpaid services
				  and resources provided to a local agency and may include volunteer labor, and
				  donated equipment and materials.
(i) "Eligible Applicants" means any local
				  agency, as that term is defined in paragraph (r) of this Section.
(j) "Emergency" means any occasion or
				  incident for which, in the determination of the Governor, state assistance is
				  needed to supplement local efforts and capabilities to save lives and to
				  protect property and public health and safety, or to lessen or avert the threat
				  of a catastrophe in any part of the state.
(k) "Emergency Programs" means those programs
				  designed for short term immediate response to provide needed life-saving,
				  public health, safety, and property protective measures.
(l) "Emergency Work" means that work which is
				  performed immediately before, during, or after a disaster event to protect
				  public health, safety or property, and to provide temporary facilities for the
				  restoration of essential public services.
(m) "Federal Assistance" means aid to
				  disaster victims or local agencies by the federal government pursuant to
				  federal statutory authorities.
(n)
				  "Hazard Mitigation" means any cost effective measure which will reduce the
				  potential for damage to a facility from a disaster event. Hazard mitigation,
				  for the purposes of the state public assistance program, does not include work
				  undertaken to meet current codes or standards.
(o) "High Hazard Zone" means any area subject
				  to high risk from flood, tsunami, wildland-urban interface fire, seismic or
				  other geologic hazard, or man-made disaster such as hazardous material
				  exposure, as defined either by a local hazard mitigation plan or by the
				  Director.
(p) "Incident Period"
				  means the time interval during which the disaster-causing incident occurs. No
				  state assistance under the Act shall be approved unless the damage or hardship
				  to be alleviated resulted from the disaster-causing incident which took place
				  during the incident period or was in anticipation of the incident. The incident
				  period is determined by the Director.
(q) "Local Agency" means any city, city and
				  county, county, county office of education, community college district, school
				  district, or special district.
(r)
				  "Local Emergency" means a condition of extreme peril to persons or property
				  proclaimed as such by the governing body of the affected local agency in
				  accordance with Government Code Section
				  8630.
(s) "NEPA" means the National Environmental
				  Policy Act (Title 42 United
				  States Code §
											4321 et seq.).
(t) "Permanent Work" means that restorative
				  work which must be performed through repairs or replacement, to restore an
				  eligible facility on the basis of its predisaster design and current applicable
				  codes and standards.
(u)
				  "Permitting Agency" means any federal, state, regional or local public agency,
				  board or commission that has the statutory authority to approve, disapprove,
				  modify or condition a project.
(v)
				  "Predisaster Design" means that capacity or measure of productive usage for
				  which a facility could be used immediately prior to a disaster.
(w) "Preliminary Damage Assessment" means a
				  process which may be used to determine the impact and magnitude of damage and
				  the resulting unmet needs of local agencies following a disaster. The
				  Preliminary Damage Assessment may be performed by a team consisting of a
				  representative(s) from the affected local agency and a representative(s) from
				  the California Governor's Office of Emergency Services, in addition to a
				  federal representative(s) if federal assistance is to be pursued.
(x) "Project" means the repair, mitigation,
				  and/or restoration, other than normal maintenance, or the replacement of, real
				  property of a local agency used for essential governmental services, including,
				  but not limited to, buildings, levees, flood control works, channels,
				  irrigation works, city streets, county roads, bridges, and other public works,
				  that are damaged or destroyed by a disaster. "Project" also includes those
				  activities and expenses allowed under subdivisions (a), (c), and (d) of
				  Government Code Section
				  8685.
				  Except as provided in Government Code Section
				  8686.3,
				  the completion of all or part of a project prior to application for funds
				  pursuant to this chapter shall not disqualify the project or any part
				  thereof.
(y) "Project Application"
				  means the written application made by a local agency to the Director for state
				  financial assistance, which shall include:
(1) in the case of a public facilities
				  project, all damage to public real property which resulted from a disaster
				  within the total jurisdiction of the local agency making application;
				  or
(2) in the case of a street and
				  highway project, all damage to streets and highways which resulted from a
				  disaster within the total jurisdiction of the local agency making application;
				  or
(3) other activities and
				  expenses as allowed in Government Code Section
				  8685.