reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.19 - Replacement Housing Payment to Owner-Occupant for Less than 180 Days but Not Less than 90 Days Who Purchases a Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A displaced owner-occupant otherwise eligible under Section
				  370.17(a) except
				  that he has owned and occupied the dwelling for less than 180 days but not less
				  than 90 days may receive an amount, not to exceed $4,000.00, to enable him to
				  make a downpayment on the purchase of a replacement dwelling and reimbursement
				  for actual expenses incident to such purchase; or for additional costs to
				  relocate his retained dwelling in accordance with the following:
(b) Computation of Downpayment and Incidental
				  Expenses.
(1) The amount of the downpayment
				  shall be determined by the Department as the amount required as a typical
				  downpayment on a comparable dwelling if such purchase was financed with a
				  conventional loan, plus the amount required to be paid by the purchaser as
				  points and/or an origination or loan services fee (not to exceed one percent of
				  the probable replacement cost of the acquired dwelling as determined by the
				  Department or one percent of the loan on the replacement dwelling whichever is
				  less), if such fees are normal to real estate transactions in the
				  area.
(2) The expenses incident to
				  the purchase of replacement housing as provided in Section
				  370.17(d);
(3) Upon purchase and occupancy of a decent,
				  safe and sanitary dwelling by the relocatee within the time limits specified by
				  Section 370.16(b) the
				  relocatee may be reimbursed:
(A) The amount
				  of the downpayment determined in subsection (b) (1) of this Section and the
				  eligible incidental expenses if the total amount of both does not exceed
				  $2,000.00, or if more than $2,000.00;
(B) $2,000.00, plus 50 percent of the amount
				  in excess of $2,000.00 providing the relocatee contributes 50 percent of the
				  amount in excess of $2,000.00. In no event may the combined payments exceed
				  $4,000.00.
(4) The full
				  amount of the downpayment must be applied to the purchase price and eligible
				  incidental costs, such downpayment and incidental costs claimed must be shown
				  in the closing statement.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.20 - Rental Differential Payment to Owner-Occupant for Less than 180 Days but Not Less than 90 Days Who Rents a Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A displaced owner-occupant otherwise eligible under Section
				  370.17(a) except
				  that he has owned and occupied the dwelling for less than 180 days but not less
				  than 90 days and elects to rent a replacement dwelling is eligible for a rental
				  differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment.
				  The payment will be computed and disbursed in accordance with the provisions of
				  Section 370.21(b), (c) and
				  (d) except that the present rental rate shall
				  be economic rent as determined by market data.
Note: Authority cited: 7267.8, Government Code.
						Reference: Section
						7268,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.21 - Rental Differential Payment to Tenant-Occupant for Not Less than 90 Days Who Rents a Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A displaced tenant is eligible for a rental differential payment not
				  to exceed $4,000.00, if:
(1) He has been
				  occupying the dwelling to be acquired as his primary residence for at least 90
				  consecutive days immediately prior to and including the date of initiation of
				  negotiations; and
(2) The property
				  was subsequently acquired; and
(3)
				  He rented and occupied a decent, safe and sanitary dwelling within the time
				  period specified in Section
				  370.16(b).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.22 - Replacement Housing Payment to Tenant-Occupant for Not Less than 90 Days Who Purchases a Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A displaced tenant eligible for a rental replacement housing payment
				  under Section
				  370.21(a) who
				  elects to purchase a replacement dwelling is eligible to receive an amount, not
				  to exceed $4,000.00, to enable him to make a downpayment on the purchase of a
				  comparable replacement dwelling including the expenses incident to such
				  purchase.
(b) Computation of
				  Payment. The payment shall be computed in accordance with the provisions of
				  Section 370.19(b).
Note: Authority cited: Section
						7267.8,
						Government Code. Reference: Section
						7268,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.23 - Replacement Housing Payment to Tenant of a Sleeping Room for Not Less than 90 Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A displaced tenant of a sleeping room who is eligible for a
				  replacement housing payment under Section
				  370.21(a) may
				  receive an amount not to exceed $4,000.00 as a comparable replacement dwelling
				  in accordance with the following paragraphs.
(b) Rental Differential Payment.
(1) The payment, not to exceed $4,000.00,
				  shall be computed in accordance with the provisions of Section
				  370.21(b).
(2) The Department's determination of the
				  amount necessary to rent and the disbursement of the rental differential
				  payments shall be as provided in Section
				  370.21(c) and
				  (d).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.24 - Mobile Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Acquisition of Mobile Homes. The Department may purchase mobile homes
				  where:
(1) The structural condition of the
				  mobile home is such that it cannot be moved without substantial damage or
				  unreasonable cost; or
(2) The
				  mobile home is owner-occupied as a primary residence and is not a decent, safe
				  and sanitary dwelling unit as defined in Section
				  370.04(c) of this
				  Article and the decent, safe and sanitary deficiencies cannot be remedied at a
				  reasonable cost.
(3) The mobile
				  home is owner-occupied as a primary residence, and there are no adequate mobile
				  home sites available in which to relocate the displacee's mobile
				  home.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.25 - Moving Expenses for Mobile Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The eligibility requirements of Section
				  370.11(a) and the
				  provisions of Sections
				  370.11 and
				  370.12 are applicable to owners
				  and occupants displaced from a mobile home.
(b) Owners of Mobile Homes.
(1) The owner of a mobile home may be
				  reimbursed for the actual reasonable costs of moving the mobile home or other
				  personal property in accordance with the provisions of Section
				  370.12(b);
				  or
(2) If the owner occupies the
				  mobile home, whether the mobile home is moved or not, he may elect to be
				  reimbursed in accordance with Section
				  370.12(c).
(3) The cost of moving a mobile home on an
				  actual cost basis may include the cost of detaching and reattaching fixtures
				  and appliances where applicable. When required at the replacement site, the
				  Department may include, as moving expenses, necessary costs of skirting,
				  awnings, etc.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.26 - Replacement Housing Payments-Mobile Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  owner-occupant of a mobile home and site who purchases both a replacement
				  dwelling and site shall be provided a replacement housing payment in accordance
				  with Sections
				  370.17 or
				  370.19, as appropriate. If the
				  owner-occupant rents both a replacement dwelling and site, he shall be provided
				  a payment in accordance with Sections
				  370.18 or
				  370.20, as appropriate.
(b) The owner-occupant of a mobile home and
				  site who purchases a replacement dwelling and rents a replacement site shall be
				  provided a payment in accordance with Sections
				  370.17 and
				  370.18. The payment shall be
				  limited to the lesser of:
(1) The amount as
				  determined by the Department as necessary to purchase a conventional
				  replacement dwelling; and
(2) The
				  amount as determined by the Department as necessary to purchase a replacement
				  mobile home (in accordance with Section
				  370.17) plus the amount necessary
				  to rent a replacement site (in accordance with Section
				  370.18) to a maximum of
				  $15,000.
(3) If an owner-occupant
				  for over 90 days but less than 180 days, the owner-occupant of a mobile home
				  would only be eligible for payments provided by Sections
				  370.19 or
				  370.20 to a maximum of
				  $4,000.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.27 - Housing Provided as a Last Resort-General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When it is determined that adequate replacement housing is not available, or
				  cannot otherwise be made available, the Department shall take steps to provide
				  comparable replacement housing. Such steps shall include, but not be limited
				  to, the following:
(1) Provide for payments
				  over and above the limits established in this chapter which will put the
				  comparable replacement housing that is available within the financial means of
				  the displacees. Under no circumstances will a rental subsidy exceed a period of
				  48 months.
(2) Provide for the
				  purchase or construction of comparable replacement housing which can be made
				  available to the displacee, within his financial means and reasonably
				  accessible to his place of employment.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.28 - Temporary Moves for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  temporary displacement is required because of a program of residential
				  rehabilitation the occupants displaced may be provided at State expense with
				  the following:
(1) Temporary housing in
				  motels or apartments. Displacee shall continue to be liable for payment of rent
				  on the unit from which they have been temporarily displaced.
(2) Transportation of displacees.
(3) Moving of personal property.
(4) Storage of personal property.
(5) Gas and electricity in temporary
				  residence.
(6) Telephone
				  transfers.
(7) If displacees are
				  moved from housekeeping units to accommodations without kitchens, meals shall
				  be provided. The Department may contract with restaurants, or at its option the
				  Department may provide a meal allowance of $12.00 per day for each displacee.
				  The meal allowance may be paid in advance when deemed appropriate by the
				  Department.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 3 - Acquisition Policies › Section 370.40 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of the Relocation Assistance and Real
					 Property Acquisition Guidelines of the State of California, Department of
					 Housing and Community Development, regarding acquisition policies (California
					 Administrative Code, Title 25, Chapter 6, Article 6) are hereby
					 incorporated.
Note: Authority cited: Section
						7267.8,
						Government Code. Reference: Section
						7268,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 1 - General Provisions › Section 380 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of these regulations is to establish those
					 procedures authorized and required by legal enactments, including the
					 following:
-- Chapter 1434 of the Statutes of 1974, as amended, which
					 added Chapter 10 (commencing with Section
					 4525) of Division 5 of Title 1 of
					 the Government Code.
-- Initiative Measure of 2000 (Proposition 35, §
										4, approved November 7, 2000,
					 effective November 8, 2000), which added Chapter 10.1 (commencing with Section
					 4529.10) of Division 5 of Title 1
					 of the Government Code.
-- Article XXII of the California Constitution, Article
					 XXII, which was added by Initiative Measure (Proposition 35, §
										4, effective November 8, 2000,
					 approved November 7, 2000), and amended the California Constitution.
Such procedures shall require the securing of services
					 covered under Chapter 10 and Chapter 10.1, Title 1, Division 5 of the
					 Government Code on the basis of demonstrated competence and on the professional
					 qualifications necessary for the satisfactory performance of the services
					 required.
The Department of Water Resources is authorized to contract
					 with qualified firms, as described in Government Code Section
					 4525(a),
					 for the services listed in Government Code Section
					 4525(d),
					 4525(e),
					 and
					 4525(f).
The regulations in this chapter are intended to be broad
					 enough to encompass all matters needed for the Department of Water Resources to
					 carry out its mission, which includes the duty to manage the water resources of
					 California in cooperation with other agencies, to benefit the State's people,
					 and to protect, restore, and enhance the natural and human environments, and to
					 fulfill its statutory mandates.
1. New
					 Subchapter 1.6., Articles 1 and 2 (§§
											380-390) filed 3-18-76; effective
					 thirtieth day thereafter (Register 76, No. 12).
2. Renumbering of
					 Subchapter 1.6 (Articles 1-2, Sections
					 380-390) to Subchapter 1.7 filed
					 1-18-79; effective thirtieth day thereafter (Register 80, No. 3).
3.
					 Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register
					 82, No. 42).
4. Amendment of chapter heading and amendment of
					 section and NOTE filed 7-6-2004; operative 8-5-2004 (Register 2004, No.
					 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526 and
						4529.10,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 1 - General Provisions › Section 381.1 - Announcements for Statement of Qualifications and Performance Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On an annual basis, or more or less frequently as needed by
					 the Department, the Director may request SOQs for specified A&E services by
					 statewide announcement as provided in Section
					 384 of these regulations. This
					 announcement must, at a minimum, include a description of the project or
					 proposed services, a Department contact, and the date, time and location for
					 submission of SOQs. The announcements may also identify the criteria upon which
					 the award will be made. The statewide announcement shall be made through
					 publications of the respective professional societies.
1. New
					 section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Section
						4527,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 382 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall establish criteria which will comprise
					 the basis for selection for each project or proposed services. The criteria
					 shall include such factors as professional excellence, demonstrated competence,
					 specialized experience of the firm, education and experience of key personnel
					 to be assigned, staff capability, workload, ability to meet schedules, nature
					 and quality of completed work, reliability and continuity of the firm and/or
					 subcontractors, location, or other considerations deemed relevant. Such factors
					 shall be weighted by the Director according to the nature of the project or
					 proposed services, the needs of the State and complexity and special
					 requirements of the specific project or proposed services.
1. Amendment
					 of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Amendment of section and NOTE filed 7-6-2004; operative
					 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526 and
						4529.12,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 383 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before any discussion with any firm concerning fees may
					 take place, the Director shall cause an estimate of the value of such services
					 to be prepared. This estimate may be based on such factors as a market survey,
					 comparison with fees paid to other departments' or agencies' contractors for
					 similar services, or comparison with the salaries of comparable positions
					 within the Department, within State service, or within other governmental
					 entities. This estimate shall serve as a guide in determining fair and
					 reasonable compensation for the services rendered. Such estimate shall be, and
					 remain, confidential until approval of contract or abandonment of any further
					 procedure for the services to which it relates. At any time the Director
					 determines the State's estimates to be unrealistic due to rising costs, special
					 conditions, or for other relevant considerations, the estimate shall be
					 reevaluated and modified if necessary.
1. Amendment
					 of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Amendment of section and NOTE filed 7-6-2004; operative
					 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4528 and
						4529.12,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 385 - Selection Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After expiration of the period stated in the announcement
					 prescribed in Section
					 384, the Director shall evaluate
					 statements of qualifications and performance data that have been submitted to
					 the Department. Discussions shall be conducted with no less than three firms
					 regarding the required service. Where three firms cannot be found that could
					 provide the required service, a full explanation including names and addresses
					 of firms and individuals requested to submit qualifications must be entered in
					 the files. From the firms with which discussions are held, the Director shall
					 select no less than three, in order of preference, based upon the established
					 and published criteria, that are deemed to be the most highly qualified to
					 provide the services required.
1. Amendment
					 of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Amendment of section heading, section and NOTE filed
					 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4527 and
						4529.12,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 386 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall attempt to negotiate a contract with the
					 most highly qualified firm. In negotiating fees and executing a contract, the
					 procedure described in Section
					 6106
					 of the Public Contract Code shall be followed. When the Director is unable to
					 negotiate a satisfactory contract with this firm with fair and reasonable
					 compensation provisions as determined by the procedure set forth in Section
					 383, negotiations shall be
					 terminated. The Director may then undertake negotiations with the second most
					 qualified firm on the same basis. Failing accord, negotiations shall be
					 terminated. The Director may then undertake negotiations with the third most
					 qualified firm on the same basis. Failing accord, negotiations shall be
					 terminated. Should the Director be unable to negotiate a satisfactory contract
					 at fair and reasonable compensation with any of the selected firms, additional
					 firms may be selected in the manner prescribed and the negotiation procedure
					 continued.
1. Amendment
					 filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Amendment of section and NOTE filed 7-6-2004; operative
					 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4526.5,
						4527 and
						4528,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 386.1 - Length of Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Firms selected may be retained for up to one year or longer
					 if needed to complete the project or the services.
1. New
					 section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Section
						4528 Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 387 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director determines that a change in the contract
					 is necessary during the performance of the services, the parties may, by mutual
					 consent, in writing, agree to modifications, additions or deletions in the
					 general terms, conditions and specifications for the services involved,
					 including extensions of time, with a reasonable adjustment in the firm's
					 compensation.
1. Amendment
					 filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Amendment of section and NOTE filed 7-6-2004; operative
					 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4528 and
						4529.12,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 388 - Alternative Contract Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Contracting in Phases. Should the Director determine that it is necessary or
				  desirable to have a given project or set of services performed in phases, it
				  will not be necessary to negotiate the total contract price or compensation
				  provisions in the initial instance, provided that the Director shall have
				  determined that the firm is best qualified to perform the whole project at a
				  fair and reasonable cost, and the contract contains provisions that the State,
				  at its option, may utilize the firm for other phases and that the firm will
				  accept a fair and reasonable price for subsequent phases to be later negotiated
				  and reflected in a subsequent written instrument. The procedure with regard to
				  estimates and negotiation shall otherwise be applicable, i.e., in all other
				  respects 'Contracts in Phases' must comply with Chapter 10 and Chapter 10.1,
				  Title 1, Division 5 of the Government Code.
(b) Retainer Agreements. The Department may
				  identify the general need for A&E services to assist in its overall mission
				  and may enter into contracts for such services through a retainer agreement.
				  Retainer agreements will provide a process for the development and execution of
				  task orders for defined A&E work. Rates for such work shall be specified in
				  a rate schedule to be attached to the original contract provided that rates may
				  be modified and categories of work added by mutual agreement of the parties.
				  Retainer agreements must comply with Chapter 10 and Chapter 10.1, Title 1,
				  Division 5 of the Government Code.
1. Amendment
					 filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Repealer and new section heading, section and NOTE filed
					 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526 Government Code; Article
						XXII, California Constitution, Section
						1.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 389 - Director's Power to Require Bids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director determines that the services needed are
					 technical in nature and involve little professional judgment and that requiring
					 bids would be in the public interest, a contract may be awarded on the basis of
					 bids rather than by following the foregoing procedures for requesting
					 qualifications and negotiation.
1. Amendment
					 of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
2. Amendment of section and NOTE filed 7-6-2004; operative
					 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Section
						4529,
						Government Code; Article XXII, California Constitution, Section
						1.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 390 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this subchapter shall not apply to
					 service agreements for architects or engineers engaged to provide consulting
					 services on specific problems on projects where the architectural and
					 engineering work is being performed by State of California Civil Service
					 employees, nor to service agreements for the services of recognized experts
					 retained as members of advisory boards.
1. Amendment
					 of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
					 42).
Note: Authority cited: Section
						426,
						Government Code. Reference: Sections
						4525-
						4529,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.7 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms › Article 2 - Specific Provisions › Section 391 - Prohibited Practices and Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Practices which might result in unlawful activity, including but not limited to
				  rebates, kickbacks, or other unlawful consideration are strictly prohibited.
				  The Department shall require a contract entered into pursuant to this chapter
				  to include a provision in which the firm represents that the contract was not
				  obtained through rebates, kickbacks, or other unlawful considerations either
				  promised or paid to a DWR employee. In addition to any other applicable legal
				  proscriptions, failure to adhere to the representation may be cause for
				  contract termination and recovery of damages under the rights and remedies due
				  the Department under the default provision of the contract.
(b) A DWR employee shall not participate in
				  the selection process if the employee has a relationship, as specified in
				  Section
				  87100 of
				  the Government Code, with a firm seeking a contract subject to this
				  chapter.
(c) Nothing in this
				  chapter shall be construed to abridge the obligation of the Department or the
				  firm to comply with all laws regarding political contributions, conflicts of
				  interest, or unlawful activities.
1. New
					 section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28). For prior
					 history, see Register 85, No. 36.
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4527 and
						4529.12,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.8 - Residential Water Conservation Tax Credit [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				Subchapter 1.8 (Sections
				391-394) filed 7-23-81; effective
				thirtieth day thereafter (Register 81, No. 30).
2. Repealer of
				Subchapter 1.8 (Sections
				391-394) filed 9-5-85; effective
				thirtieth day thereafter (Register 85, No. 36).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.9 - Minority and Women Business Enterprise Program for Department State Contract Act Contracts › Section 392 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter shall apply to the Department's award of
				  contracts under the State Contract Act, Public Contract Code Sections
				  10100
				  et seq.
As used in these regulations:
(a) "Department" is the Department of Water
				Resources.
(b) "Minority" shall
				have the meaning set forth in Section
				10115.1
				of the Public Contract Code.
(c)
				"M/WBE" means minority business enterprise and or women business
				enterprise.
(d) The terms "minority
				business enterprise" ("MBE") and "women business enterprise" ("WBE"), shall
				have the respective meanings set forth in Section
				10115.1
				of the Public Contract Code.
(e)
				"Contract" shall mean public works contracts as defined in Section
				1101
				of the Public Contract Code which are awarded by the Department pursuant to the
				State Contract Act, Public Contract Code Sections
				10100
				et seq.
1. New chapter
				  1.9 and section filed 10-30-92; operative 10-3-92 (Register 92, No. 44).
Note: Authority cited: Section
					 10115.3,
					 Public Contract Code. Reference: Sections
					 10115.1
					 and
					 10115.2,
					 Public Contract Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.9 - Minority and Women Business Enterprise Program for Department State Contract Act Contracts › Section 393 - Minority and Women Business Enterprise Bid Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Bidders shall either (1) meet the M/WBE goals as set forth in
				  Section
				  10115
				  of the Public Contract Code and specified in the bid package released by the
				  Department, and shall provide within the time frames specified in the bidding
				  requirements the names of their M/WBE subcontractors and suppliers of services,
				  material and equipment, together with certification of their M/WBE status as
				  described in Section
				  393(a) and their
				  indicated dollar participation, or (2) provide within the time frames specified
				  in the bidding requirements the required documentation demonstrating that they
				  have made a good faith effort as described in Section
				  393(b) to meet
				  the specified goals.
(a) Certification
				that a firm meets the definition of a M/WBE pursuant to Sections
				10115.1(e)
				and
				10115.1(f)
				of the Public Contract Code shall be accepted when completed by federal, state
				or local agencies designated by the Department as acceptable for issuing such
				certification verifying that a specific firm is a M/WBE. These agencies shall
				include but not be limited to:
(1) State
				Department of Transportation
(2)
				U.S. Small Business Administration
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.9 - Minority and Women Business Enterprise Program for Department State Contract Act Contracts › Section 394 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may exempt the application of these
				  regulations to specified contracts pursuant to Section
				  10115.2(c)
				  of the Public Contract Code.
1. New section
				  filed 10-30-92; operative 10-30-92 (Register 92, No. 44).
Note: Authority cited: Section
					 10115.3,
					 Public Contract Code. Reference: Sections
					 10115.1
					 and
					 10115.2,
					 Public Contract Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 1 - General Provisions › Section 400 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations, the terms listed below shall
					 have the meanings noted:
(a)
				  "Department," "project" and "public agency" shall have the meaning given in
				  Water Code Sections
				  22,
				  12881.2(a)
				  and
				  12881.2(b),
				  respectively.
(b) Governing Body.
				  "Governing body" shall mean the body which is empowered by law to govern the
				  business of a public agency.
(c)
				  Act. "Act" shall mean the Davis-Grunsky Act as set forth in Chapter 5
				  (commencing with Section
				  12880) of Part 6 of Division 6 of
				  the Water Code, and any and all amendments which may hereafter be made
				  thereto.
(d) Applicant. "Applicant"
				  shall mean any public agency applying for financial assistance under the
				  Davis-Grunsky Act.
1. New
					 Subchapter 2 (§§
											400,
					 405,
					 406,
					 407,
					 411 through
					 416,
					 420 through
					 426,
					 431 and
					 432) filed 11-12-59; effective
					 thirtieth day thereafter (Register 59, No. 19).
2. Amendment of
					 subsection (b) filed 4-13-73; effective thirtieth day thereafter (Register 73,
					 No. 15).
3. Amendment filed 7-25-83; effective thirtieth day
					 thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12881.2, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 1 - General Provisions › Section 405 - Purposes and Effect of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are adopted for the purpose of carrying
					 out the provisions of the Davis-Grunsky Act.
1. Amendment
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Sections
						12880 et seq., Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 1 - General Provisions › Section 406 - Official Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 1 - General Provisions › Section 407 - Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No filing fee is required to accompany any request for a
					 preliminary determination of eligibility or any application for assistance
					 under the act.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 2 - Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant › Section 411 - Form of Request for Preliminary Determination of Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for a loan or grant under the act for the
					 construction of a proposed project shall file with the department a request for
					 a preliminary determination of eligibility in duplicate on a form provided by
					 the department.
1. Amendment
					 filed 12-22-61; effective thirtieth day thereafter (Register 61, No.
					 26).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter
					 (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 2 - Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant › Section 412 - Material to Accompany Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each request that is filed with the department shall be
					 accompanied by duplicate copies of the following material:
(a) A resolution by the governing body
				  authorizing the filing of the request, and designating a representative
				  authorized to act on behalf of the applicant.
(b) A generalized sketch of the proposed
				  project on a U.S. Geological Survey quadrangle map or on any other suitable and
				  readily available map.
(c)
				  Applicant's most recent financial statement.
(d) Such other material as the department may
				  require.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 2 - Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant › Section 413 - Omissions in Request for Preliminary Determination of Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a request for a preliminary determination of eligibility
					 submitted to the department is not complete, or if additional information is
					 required, the department will notify the public agency in what respect the
					 request is incomplete. If the request is not completed within 60 days after
					 notice that the request is incomplete, unless the department extends this time
					 for good cause shown, the department will return the request to the public
					 agency without making any finding as to eligibility and without prejudice to
					 the submission of a new request at any future time.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 2 - Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant › Section 414 - Review by Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of a properly completed request, the
					 department will review it forthwith and will make preliminary findings
					 regarding eligibility as to type of agency, type of project, purposes of
					 project, conformance with The California Water Plan, statewide interest, and,
					 when a loan is proposed, the reasonable ability of the applicant to finance
					 from other sources.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 2 - Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant › Section 415 - Notice to Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a review of a request, the department will notify the
					 applicant of the department's preliminary findings. Such findings shall be
					 solely for the information and guidance of the applicant in determining whether
					 or not it wishes to proceed with an application.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 2 - Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant › Section 416 - Time to Complete Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon notice by the department to a public agency of its
					 findings on a request for preliminary determination of eligibility, the public
					 agency will be given a period of one year to complete an application, as set
					 forth in Article 3. If an application is not completed within one year, or
					 within such additional time as the department may grant for good cause shown,
					 then a new request for preliminary determination of eligibility must be filed
					 with the department.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 420.1 - Time of Filing Application for Facilities Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for a grant under the act for the construction
					 of initial water supply and sanitary facilities shall file an application for
					 such assistance at the same time an application is filed for a grant for the
					 construction of a proposed project.
1. New
					 section filed 12-20-63; effective thirtieth day thereafter (Register 63, No.
					 25).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter
					 (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.