Cal. Code Regs. tit. 23 § 575

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 575 - Method for Determining Recommended State Cost-Share

For a Project subject to Water Code Sections 12582.7, 12585.7, and 12585.9, the recommended State Cost-Share is a baseline fifty percent for features of the Project necessary for flood control, which are those associated with the separable flood damage reduction costs. The recommended State Cost-Share shall be increased above the baseline State Cost-Share for each recommended percentage increase for the Objectives, up to a maximum total of seventy percent. The costs must be in addition to any costs that could have been classified as Project costs because they were required to mitigate the Project's effects on the environment under the California Environmental Quality Act, the National Environmental Policy Act, the Clean Water Act, the Federal Endangered Species Act, the California Endangered Species Act, or other environmental laws. Costs that establish eligibility for meeting an Objective can only be counted toward one Objective, so, for instance, costs of meeting the Open Space Objective cannot also be counted as costs of meeting the Habitat Objective. Costs that are insufficient to establish eligibility for meeting the Habitat Objective, Open Space Objective, or Recreation Objective or exceed the five, ten, or fifteen percent thresholds for these Objectives may be counted toward the Combination Objective. The recommended percentage increases will be:

(a) Zero percent, if no Objectives are met;
(b) Five percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when at least five percent and less than ten percent of the estimated Nonfederal Capital Cost are spent for meeting an Objective;
(c) Ten percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when the percent of the estimated Nonfederal Capital Cost spent for meeting an Objective is at least ten percent and less than fifteen percent;
(d) Fifteen percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when the percent of the estimated Nonfederal Capital Cost spent for meeting an Objective is at least fifteen percent and less than twenty percent;
(e) Twenty percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when the percent of the estimated Nonfederal Capital Cost spent for meeting an Objective is at least twenty percent;
(f) Five percent if at least five percent but less than ten percent of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(g) Ten percent if at least ten percent but less than fifteen percent of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(h) Fifteen percent if at least fifteen percent but less than twenty percent of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(i) Twenty percent if twenty percent or more of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(j) Up to twenty percent for a significant contribution to the Disadvantaged Area Objective;
(k) Five percent for a significant contribution to the State Facilities Objective by benefiting one State Facility;
(l) Ten percent for a significant contribution to the State Facilities Objective by benefiting two State Facilities;
(m) Fifteen percent for a significant contribution to the State Facilities Objective by benefiting three State Facilities;
(n) Twenty percent for a significant contribution to the State Facilities Objective by benefiting four or more State Facilities.

Cal. Code Regs. Tit. 23, § 575

1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).

Note: Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Section 12585.7, Water Code.

1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).