Cal. Code Regs. tit. 19 § 2940

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2940 - Permanent Work

(a) Repair and Restoration of Public Facilities

Disaster related repair or permanent restoration work is eligible for state financial assistance if the following criteria are met:

(1) The damaged facility is public real property owned or leased by the applicant agency, and in service, at the time of the disaster. This restriction does not apply to a facility temporarily removed from service due to repair, maintenance, restoration, or reconstruction activities;

(2) The repair or restoration of the damaged facility is determined to be in the general public interest;

(3) The repair or restoration work must be of a permanent nature, in accordance with current codes and standards;

(4) Reimbursement for the repair or restoration of eligible public facilities shall be based on the predisaster design of the facilities, and in conformity with current codes, standards, and approved hazard mitigation. The repair criteria for levels of damage will be based on the percentage of facility repair cost including codes and standards, divided by the replacement cost including codes and standards, as defined in Title 24 of the California Code of Regulations; and,

(5) Prior to completing any betterments to a facility for which state funds have been authorized for repair, restoration, or hazard mitigation under this chapter, the applicant shall submit a written request to the Director, or his/her designee, which details the additional work to be completed.

(b) Replacement of Public Facilities

The Director will approve funding for the replacement of a public facility based on the predisaster design of the facility, in conformance with current codes and standards, and approved hazard mitigation, provided the following criteria are met:

(1) The costs to repair disaster damages to the public facility exceed fifty percent (50%) of the total cost of constructing a replacement facility and it is not feasible to repair the damaged facility; or,

(2) The damaged facility cannot be restored or repaired in such a manner that the facility can perform the function for which it was being used immediately prior to the disaster;

(3) If the Director authorizes replacement of a public facility, the local agency may increase the square footage of the facility replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency;

(4) Funding for a public facility which is replaced through a grant of state assistance shall be based on the cost to replace the predisaster design of the facility, with cost allowances for current codes, standards, and approved hazard mitigation; and,

(5) Prior to completing any betterments to a facility for which state funds have been authorized for replacement under this chapter, the applicant shall submit a written request to the Director, or his/her designee, which details the additional work to be completed.

Cal. Code Regs. Tit. 19, § 2940

1. New section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by 2-26-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. New section filed 9-30-92; operative 10-30-92 (Register 92, No. 41).
7. New subsections (a)(5) and (b)(5) filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-2001 order, including further amendment of section, transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
9. Change without regulatory effect amending subsections (a)(5), (b), (b)(3) and (b)(5) filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
10. Amendment of subsections (a)(3)-(b) and (b)(4) filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
11. Change without regulatory effect amending subsections (a)(5), (b), (b)(3) and (b)(5) and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
12. Change without regulatory effect amending subsections (a)(5), (b), (b)(3) and (b)(5) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).

Note: Authority cited: Sections 8585 and 8682.9, Government Code. Reference: Sections 8585, 8685 and 8686.4, Government Code.

1. New section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by 2-26-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. New section filed 9-30-92; operative 10-30-92 (Register 92, No. 41).
7. New subsections (a)(5) and (b)(5) filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-2001 order, including further amendment of section, transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
9. Change without regulatory effect amending subsections (a)(5), (b), (b)(3) and (b)(5) filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
10. Amendment of subsections (a)(3)-(b) and (b)(4) filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
11. Change without regulatory effect amending subsections (a)(5), (b), (b)(3) and (b)(5) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
12. Change without regulatory effect amending subsections (a)(5), (b), (b)(3) and (b)(5) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).