Statutes, codes, and regulations
California Code Of Regulations
Title 19 - Public SafetyDivision 2 - California Governor's Office of Emergency ServicesChapter 6 - Disaster Assistance Act
Article 1 - State Public Assistance Program
Section 2965 - Other Eligible Work

Cal. Code Regs. tit. 19 § 2965

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2965 - Other Eligible Work
(a) General Eligibility

Certain other items, such as repairs to or the replacement of parks or other recreation facilities, district roads and access facilities may be eligible for state assistance, subject to the repair or replacement criteria referenced above. Other eligible costs may include any assistance deemed necessary by the Director as stated in writing explaining the basis for the finding of necessity.

(b) Engineering and Feasibility Studies
(1) The Director shall approve an estimate for the cost of basic engineering services, when determined necessary for construction projects.
(2) The costs of special engineering services, such as surveys, soil investigations, or feasibility studies for repair vs. replacement determination, will be approved separately when necessary to accomplish eligible work.
(3) Any reimbursement for architectural, construction management, or engineering services shall be based on reasonable actual costs.
(c) Hazard Mitigation
(1) Eligible mitigation measures must be cost effective over the projected life of the facility, for a specific facility hazard mitigation project, and substantially reduce the risk of repetitive and/or future damage, hardship, loss, or suffering resulting from a disaster or emergency.
(2) Applicants with facilities subject to repetitive damage must show cause when hazard mitigation measures are not considered when repairing new disaster damage.
(3) Applicants with facilities in high hazard zones, or identified as a potential hazard mitigation project site in the local hazard mitigation plan, should examine hazard mitigation project possibilities when disaster repairs to these facilities are being considered.
(4) Cost effective measures are those that will not cost more than the anticipated value of the reduction in both direct damages and subsequent indirect negative impacts to the area if future disasters or emergencies occur.
(i) Mitigation projects costing less than fifteen percent (15%) of the approved project repair, restoration, or replacement costs shall be considered cost effective.
(ii) Mitigation projects above fifteen percent (15%) of the approved project cost may be considered cost effective if an acceptable benefit-cost analysis has been performed.
(d) Landslide Stabilization

Stabilization of landslides are eligible under the following circumstances: emergency and temporary action taken to protect life and improved property from imminent damage from a landslide; and/or the permanent stabilization of a landslide that provides an engineered purpose for a public facility, such as a building foundation or roadway.

(e) Trees, Shrubs and Vegetation

The replacement of trees, shrubs and vegetation that provide an engineered purpose may be eligible for reimbursement at the minimum level necessary to restore the engineered function. Engineered purpose for trees, shrubs and vegetation typically include wind barriers, erosion control, and traffic screening or separation.

Cal. Code Regs. Tit. 19, § 2965

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. Change without regulatory effect amending section filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
8. Amendment of section heading and section filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
9. Change without regulatory effect amending subsections (a) and (b)(1) and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
10. Change without regulatory effect amending subsections (a) and (b)(1) 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, 8680.4 and 8685, 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. Change without regulatory effect amending section filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
8. Amendment of section heading and section filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
9. Change without regulatory effect amending subsections (a) and (b)(1) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
10. Change without regulatory effect amending subsections (a) and (b)(1) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).