Section 571 - DefinitionsThe following terms used in these regulations have the meanings set forth below:
(a) "Benefited Area" means the geographical area that receives improved flood protection from the proposed Project and must be the same area for which benefits are estimated for the economic analysis.(b) "Benefited Area Median Annual Household Income" means the median annual household income for the Benefited Area. The data used to determine this income level can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department or Board.(c) "Block" means the smallest geographic area within a block group of a census geographic tract. This data can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department.(d) "Block Group" means a cluster of Blocks within a census geographic tract. This data can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department or Board.(e) "Board" means the Central Valley Flood Protection Board, formerly known as The Reclamation Board.(f) "California Median Annual Household Income" means the median annual household income for California. The data used to determine this income level can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department or Board.(g) "Department" means the Department of Water Resources.(h) "Department or Board" means the Board for Projects over which the Board has jurisdiction and is the nonfederal sponsor, and the Department for all other Projects.(i) "Disadvantaged Area" means a Benefited Area with a median annual household income that is less than 80 percent of the California Median Annual Household Income at the time the analysis to determine the recommended State Cost-Share is performed by the Department or Board.(j) "Disadvantaged Household Income" means 80 percent of the California Median Annual Household Income.(k) "Draft Nonfederal Cost-Sharing Report" is a report prepared by the Sponsor to document the Sponsor's estimates of the contributions of the Project to the Objectives of Water Code Sections 12585.7(d)(1) through 12585.7(d)(5). The requirements of this report are described in Sections 573, 574, and 575 of these regulations.(l) "Federal Feasibility Study Report" means the approved decision document used by the U.S. Army Corps of Engineers or by the Natural Resources Conservation Service, that establishes the feasibility for the Project, and typically includes an environmental document prepared under the National Environmental Policy Act.(m) "Final Nonfederal Cost-Sharing Report" is a report prepared by the Sponsor that includes the Draft Nonfederal Cost-Sharing Report, comments received during a forty-five-day public comment period, and responses to the public comments.(n) "Nonfederal Capital Cost" means that portion in dollars of the Total Capital Cost of a Project determined by the U.S. Army Corps of Engineers or by the Natural Resources Conservation Service to be the financial responsibility of participants other than the United States, usually identified in the project partnership agreement, final design memorandum, or other approved federal Project document.(o) "Objective" means the feature, character, or quality described in Water Code Sections 12585.7(d)(1) through 12585.7(d) (5).(1) "Habitat Objective" means the objective described in Water Code Section 12585.7(d)(1).(2) "Open Space Objective" means the objective described in Water Code Section 12585.7(d)(2).(3) "Recreation Objective" means the objective described in Water Code Section 12585.7(d)(3).(4) "Combination Objective" means a combination of the objectives described in Water Code Sections 12585.7(d)(1), 12585.7(d)(2), and 12582.7(d)(3).(5) "Disadvantaged Area Objective" means the objective described in Water Code Section 12585.7(d)(4).(6) "State Facilities Objective" means the objective described in Water Code Section 12585.7(d)(5).(p) "Open Space" is any parcel or area of land or water that is essentially unimproved and restricted to an open-space use. Open Space must be designated as one of the following: (1) Open space for the preservation of natural resources;(2) Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands;(3) Open space for outdoor recreation; and(4) Open space for public health and safety, including, but not limited to, flood plains, watersheds, and areas required for the protection of water quality or groundwater recharge.(q) "Project" means a flood management project receiving financial assistance under Chapters 1 through 4, Part 6, Division 6 of the California Water Code and authorized by the Legislature on or after January 1, 2002, or a small flood management project authorized by Water Code Section 12750 for which the Department of Water Resources has made the findings required by Water Code Section 12750.1 on or after January 1, 2002.(r) "Report to the Legislature" is a report prepared by the Department or Board that contains a summary of the Sponsor's Final Nonfederal Cost-Sharing Report, recommendations and determinations required in Water Code Sections 12582.7 and 12585.9, and the Department or Board's recommended State Cost-Share.(s) "Sponsor" means the local public agency or lead local public agency sharing in the nonfederal Project cost.(t) "State Cost-Share" means the percentage of the nonfederal costs that the State is required to pay pursuant to Water Code Section 12585.7.(u) "State Facility" means either a State Transportation Facility or a State Water Supply Facility.(v) "State Transportation Facility" is a state-numbered freeway, expressway, or highway route as identified in Division 1, Chapter 2, Article 2 of the California Streets and Highways Code, including facilities for the transportation of passengers and property to and over any toll bridge, tube or other highway crossing and the approaches to each end thereof, acquired or constructed, or in course of construction by the State. Where a freeway, expressway or highway is labeled with more than one numerical designation, it shall be considered a single State Transportation Facility. In addition, a State Transportation Facility is a rail line or ship channel if the State has a substantial ownership interest in stationary facilities located within the Benefited Area that are closely associated with the rail line or ship channel and the facilities would be adversely affected by flooding in the Benefited Area. Mere state ownership of land, including submerged land, is not enough to establish that the State has a substantial ownership interest.
(w) "State Water Supply Facility" is a State Water Supply Facility listed in Appendix I, "Water Supply Facilities of the State Water Project."(x) "Total Capital Cost" means the total Project cost as identified in the final project partnership agreement, final design memorandum or other approved federal Project document. It includes all costs in the federal Project subject to cost-sharing, such as construction, planning, engineering and design, construction management, lands, easements, relocations, and land disposal and mitigation costs.(y) "Tract" means the census derived geographic subdivisions of a county.Cal. Code Regs. Tit. 23, § 571
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section and NOTE filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27). Note: Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Sections 12582.7, 12585.7, 12750, 12750.1 and 79505.5, Water Code; Section 65560, Government Code; and Division 1, Chapter 2, Article 2, Streets and Highways Code.
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section and Note filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).