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 499.4.2 - Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department shall administer a grant program to fund implementation of projects
				consistent with the Bond Law and these regulations. Implementation of projects
				funded under this Chapter shall use information from one or more designs
				accepted by the Department to put the project into effect. For the purposes of
				this section, the design or aggregate of designs is identified as "the accepted
				design".
(1) Before implementation of the
				accepted design, the recipient may subdivide it into more than one
				implementation unit.
(2) Whether or
				not the design is subdivided, the recipient shall provide a written statement
				to the Department that shall:
(A) Describe
				each unit and its estimated costs.
(B) Substantiate that the unit, or a group of
				units that includes the unit, is economically feasible.
(C) Identify or provide a financing plan that
				includes the identified economically feasible unit or group.
(D) Declare that the recipient intends to
				implement all the units of any such group.
(3) The recipient may implement separately
				any unit that conforms to Section
				499.4.2(a)(2) of
				these regulations, provided that either
(A)
				The unit is economically feasible, or
(B) The Department, in writing, at its sole
				discretion, waives economic feasibility for the unit.
(4) Implementation of constructed projects or
				project elements shall conform to the drawings, specifications, and design
				report contained in the accepted design and to any changes subsequently
				accepted in writing by the Department.
(5) Implementation of projects or project
				elements not requiring construction shall conform to the description of actions
				to be taken, including drawings, charts and diagrams, contained in the accepted
				design, and to any changes subsequently accepted in writing by the
				Department.
(6) The cost estimates
				in the accepted design and in the statement documenting selection of the unit,
				if any, will be used to establish funding.
(A)
				The initial amount of funding to be granted for implementation will be based on
				the unit prices and quantities in the accepted design and in any statement
				documenting selection of the unit, information provided in the implementation
				grant application about the cost share to be borne by the applicant, and
				circumstances of the funding process including availability of funds.
(B) When a contractor performs the work,
				funding may be adjusted to correspond to the contractor's bid prices, at the
				discretion of the Department.
(C)
				When the recipient performs the work directly, the unit prices in the accepted
				design will apply.
(D) Funding may
				be further adjusted to correspond to changes subsequently accepted by the
				Department.
(E) All increases in
				funding pursuant to Sections
				499.4.2(a)(6)(B)
				or 499.4.2(a)(6)(D)
				of these regulations are subject to the availability of
				funds.