Cal. Code Regs. tit. 23 § 6006

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 6006 - Eligibility and Completeness

(a) Staff shall review each application for completeness and basic eligibility within 45 days of the end of the solicitation period.

(b) If any completeness or basic eligibility deficiencies are identified, Staff shall notify the applicant in writing at the email address provided in the application and provide a list of the identified deficiencies.

(c) The applicant shall be provided a 14-day period to submit the required information that addresses the identified deficiencies to Staff. Staff shall inform the Commission of any project which may have failed completeness or basic eligibility. The Commission shall determine if the project is ineligible based on Staff's recommendation and in compliance with these regulations.

(1) Basic Eligibility

(A) Staff shall review the following information to determine the basic eligibility of the application:

1. The project must meet the criteria in the following Water Code sections:

a. Water Code sections 79712 or 79759; and

b. Water Code section 79751.

2. The Program cost share is less than or equal to 50 percent of the proposed project's total capital costs, unless the project is a conjunctive use or reservoir reoperation project; and

3. The monetized ecosystem improvement benefits comprise at least 50 percent of the monetized public benefits for which funding is requested from the Program.

(2) Additional Eligibility. Once basic eligibility is established under subsection 6006(c)(1), as part of the technical review, Staff shall review information contained in the application to identify the project's additional eligibility for Commission consideration. If a project does not meet the following criteria, the Commission shall determine if the project is ineligible:

(A) Does not adversely affect, including its free-flowing character, any river afforded protection pursuant to the California Wild and Scenic Rivers Act, Public Resources Code section 5093 et seq., or the Federal Wild and Scenic Rivers Act pursuant to 16 U.S.C. § 1271 et seq., as required by Water code sections 79711(e) and 79751(a);

(B) Provides measurable improvements to the Delta ecosystem or to the tributaries to the Delta. If a project is not within the watershed of the Delta, Staff shall review and evaluate the information regarding assurances to provide ecosystem improvement benefits described in the application;

(C) Improves the operation of the state water system;

(D) Is cost effective;

(E) Provides a net improvement in ecosystem and water quality conditions; and

(F) Advances the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta.

(3) Completeness.

(A) The application shall be considered complete if it includes all of the following:

1. Project description and location;

2. Contact information;

3. Signed resolution or intent to pass resolution from the authority of the submitting entity;

4. Program funding request, total capital costs, total project cost, benefit and cost analysis, and cost allocation;

5. Estimated project schedule;

6. Environmental documentation;

7. Urban water supplier or agricultural water supplier requirements, if applicable;

8. Groundwater requirements, if applicable;

9. Preliminary operations plan;

10. Description of claimed ecosystem and water quality priorities and accompanying data and information;

11. Physical and Economic Benefits Summary tables;

12. Analytical methods and results used to quantify public benefits;

13. Permits list, status, and schedule; and

14. Feasibility study components.

Cal. Code Regs. Tit. 23, § 6006

1. New section filed 3-7-2017; operative 3-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).

Note: Authority cited: Sections 79705, 79711, 79750, 79751, 79752, 79753, 79754, 79755, 79756 and 79757, Water Code. Reference: Sections 79705, 79711, 79750, 79751, 79752, 79753, 79754, 79755, 79756 and 79757, Water Code.

1. New section filed 3-7-2017; operative 3/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).