Cal. Code Regs. tit. 23 § 451.5

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 451.5 - Priority for Financial Assistance
(a) For each application cycle, the Department shall establish a priority list pursuant to the requirements of Water Code section 7048(c), after considering the recommendations of an interdisciplinary team comprised of technical experts from the Department of Water Resources and a representative of the Department of Fish and Game, and based upon the following criteria.
(1) Is the project designed to relieve the magnitude or severity of flooding and/or to protect property and resources from bank failure?
(2) Is the project planned in conjunction with or in lieu of local flood control projects, and would it result in implementation of more environmentally sensitive flood management approaches than would otherwise be implemented? (Note: Any project that directly conflicts with federally authorized and funded flood control projects shall not be funded under this program without the consent of the Director.)
(3) Does the project use cost effective, low maintenance bioengineering techniques for flood damage reduction while protecting, restoring and enhancing natural environmental values?
(4) Does the project restore culverted or channelized segments to a condition which optimizes fish passage conditions in fish bearing streams and the natural, recreational, and aesthetic values of the stream consistent with flood control objectives?
(5) Does the project incorporate non-structural methods to reduce urban flooding and erosion and maintain or improve environmental and social benefits.
(6) Does the project incorporate riparian restoration techniques that improve habitat for fish and wildlife?
(7) Does the project enhance aesthetic, recreational and economic values?
(8) Does the project enjoy broad based public and institutional support?
(9) Does the project incorporate significant participation of local agencies and citizens' groups in project planning, design or implementation? Do the sponsors share in the project costs by providing funds or in kind contributions (i.e. administrative/technical services, labor, materials, equipment)?
(10) Does the project provide for collection and distribution of information of value to the public regarding either the community involvement or technical aspects of natural stream restoration?
(11) Is the project consistent with all relevant local land use, water management or general plans?
(12) Is the project important as an innovation or unprecedented departure in the field of stream restoration?
(13) Is the project of value to the general public?
(14) Is there a particular need for timely action on this project?
(15) Are other funding sources available to the applicant? Is the Department the only likely funding source for this project? Will providing this grant allow implementation of a larger, collaborative, multiobjective project?
(16) Is there a need for continuity and final implementation of plans previously funded by the Program?
(b) Applications reviewed shall be considered for partial funding to increase the number of projects that may be funded. The Department may allocate funds for a project in an amount less than the amount requested in the application. The Department shall also consider the location and size of proposed projects to provide for a reasonable geographic distribution of projects and a balance between small and large projects. The Department will coordinate with CALFED to ensure projects funded are not in conflict the CALFED goals and objectives.
(c) The priority list shall consist of all projects for which funds are allocated in a given application cycle. The Department may establish a reserve list of projects to which funds may be allocated if applicants on the priority list decline grants, abandon their projects, or otherwise fail to use the entire amount of funds allocated to them. The Department may establish an additional priority list from the remaining pool of qualified applicants if additional funds become available.

Cal. Code Regs. Tit. 23, § 451.5

1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of section and NOTE filed 5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
3. Amendment of subsection (a)(7) filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52).

Note: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.

1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of section and Note filed 5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
3. Amendment of subsection (a)(7) filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52).