Section 499.5 - Costs Eligible for Grant Funding or Credit(a) Costs that the Department has not approved before the expenditure through a contract or other written document will not be reimbursed, except as provided in Sections 499.5(e)(3), 499.5(f)(2) and 499.5(g)(2) of these regulations.(b) Costs incurred before March 7, 2000 will not be reimbursed.(c) Feasibility studies or designs for projects identified in Water Code Section 79068.6(a)-(i) are eligible for up to 100 percent grant funding.(d) Eligible implementation costs, including mitigation funded by the Department of Fish and Game under Water Code Section 79068.14, are eligible for reimbursement of up to 70 percent. The remaining 30 percent is to be paid by the recipient. Eligible implementation costs for enhancement, funded by the Department of Fish and Game under Water Code Section 79068.14, are eligible for up to 100 percent reimbursement.(e) Eligible study costs include only those costs directly related to:(1) Conducting the feasibility studies;(2) Preparing related documentation in accordance with CEQA; and(3) Preparing the feasibility study grant application, provided the application is approved for grant funding.(f) Eligible design costs include only those costs directly related to: (1) Conducting the design in accordance with an accepted feasibility study and Environmental Impact Report or Negative Declaration prepared in accordance with CEQA; and(2) Preparing the design grant application, provided the application is approved for grant funding.(g) Eligible implementation costs include only those costs directly related to: (1) Implementing the project, including the costs of mitigation and enhancement pursuant to Water Code Section 79068.14, project management, and other supplementary costs approved by the Department. Property rights purchased solely with funds provided under Water Code 79068.14 for mitigation or enhancement features must be acquired from willing sellers; and(2) Preparing the implementation grant application, provided the application is approved for grant funding.(h) The Bond Law funds may be used for feasibility study, design, or implementation activities identified in Sections 499.5(e) through (g) of these regulations only if the recipient demonstrates that it will be able to ensure the operation and maintenance of the completed project.(i) Other provisions of these regulations notwithstanding, entities with flood control jurisdiction within Sutter County are eligible for reimbursement and funding under the provisions of Water Code Section 79068.12. Reimbursement and funding shall be accomplished pursuant to letter agreements between the Department and each local entity. The agreements will provide for payment upon receipt of invoices for costs incurred for the local share of Federal and State cost shared projects.(j) For projects that have been awarded feasibility study, design or implementation grants under this program, costs otherwise eligible but accruing prior to award of the grant and on or after March 7, 2000 may be credited as payment of the recipient's share of implementation costs for the same project.Cal. Code Regs. Tit. 23, § 499.5
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and NOTE filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment of section heading, section and NOTE filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section heading, section and NOTE as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of section heading, section and NOTE filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of subsection (j), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21). Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 12585.5, 79068.6, 79068.8, 79068.10, 79068.12 and 79068.14, Water Code.
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment of section heading, section and Note filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section heading, section and Noteas they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of section heading, section and Note filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of subsection (j), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).