Section 6010 - Funding for Environmental Documentation and Permits(a) Pursuant to Water Code section 79755(c), funding for completion of environmental documentation and permits necessary for the project shall be determined once applications are ranked pursuant to section 6011 of these regulations.(b) The following conditions apply to funding for completing environmental documents and permits: (1) The Commission shall not allocate funds for any project before December 15, 2016.(2) The funds are not available for reimbursement until an agreement between the State and the applicant for these funds is executed.(3) A cost share of at least 50% non-Program funding is required to accompany Program funding in completion of the proposed scope of work for completing environmental documents and permits.(4) Program funds made available for the purposes of this section shall be considered a portion of the maximum eligible funding request for a project, not to exceed 5% of the maximum eligible funding request for a project pursuant to section 6011.(5) Total Program funding for this section shall not exceed $135 million.(c) A project shall be eligible for funding to complete environmental documentation and permits if all of the following conditions are met: (1) The application contains a specific request for such funding pursuant to section 6003(a)(1)(X);(2) The application contains a scope of work, schedule, and budget that details tasks to be performed using the funding;(3) The scope of work proposed cannot include work performed prior to submittal of the application;(4) The scope of work includes an introductory paragraph that describes the financial need for early funding including: (A) Explanation of why the early funding is critical to the project;(B) Viability of the project in the absence of early funding; and(C) How the project will proceed once early funding is expended;(5) The application's implementation risk decision criteria score is no less than 7, pursuant to section 6009(g);(6) The Commission has assigned a maximum conditional eligibility amount to the project pursuant to section 6011; and(7) The Commission has reviewed the financial need for early funding contained in the scope of work and has decided that the early funding request is warranted.(d) Activities reasonably related to completion of environmental documentation and permitting may be included in the scope of work for this funding.(e) Funding for completion of environmental documentation and permits will be disbursed as follows: (1) Staff shall use the maximum conditional eligibility amounts and Commission determination regarding early funding requests, pursuant to section 6011 and assign early funding amounts consistent with this section beginning with Rank 1 projects as identified in section 6011 until the cumulative total of $135 million in Program funding is reached, or all eligible projects, as determined by this section, have received early funding, whichever occurs first.(f) The Commission will make one additional funding opportunity available pursuant to this section for applicants to the Water Storage Investment Program that received a Maximum Conditional Eligibility Determination pursuant to section 6011 and either did not apply for or did not receive an award of funding pursuant to this section. Applicants that request funding pursuant to this section meeting these criteria must: (1) Notify the Commission staff of the applicant's intent to request funding for environmental documentation and permits at least 15 days in advance of the next regularly scheduled Commission meeting;(2) Present the request at a regularly scheduled meeting of the Commission explaining the need and scope of the request, including the amount requested as a portion of the Maximum Conditional Eligibility Determination; and(3) Provide any materials that will be used at the Commission meeting to the Commission staff at least fourteen (14) days before the regular scheduled Commission meeting.(g) If an applicant notifies the Commission pursuant to section 6010(f)(1), Commission staff shall provide an update on the specific project to the Commission at the scheduled Commission meeting before the applicant presents its request. The update shall include a status of the project and an overview of the quarterly reports received to date.(h) The Commission will determine whether to award funding pursuant to section 6010(f) based on its discretion, the same as that exercised when decisions were made under this section during the initial evaluation of the applications. The Commission may not delay a decision to a future meeting unless the meeting does not occur due to events of force majeure or lack of a quorum.Cal. Code Regs. Tit. 23, § 6010
1. New article 4 (sections 6010-6014) and section filed 3-7-2017; operative 3-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).
2. Amendment filed 8-31-2020 as an emergency; operative 8-31-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-31-2020 order, including amendment of subsection (f)(3), transmitted to OAL 4-27-2021 and filed 5-10-2021; amendments operative 5-10-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 20). Note: Authority cited: Sections 79705, 79711, 79750, 79751, 79752, 79753, 79754, 79755 and 79757, Water Code. Reference: Sections 79705, 79711, 79751, 79755, 79757, 10733.2 and 10753.7, Water Code.
1. New article 4 (sections 6010-6014) and section filed 3-7-2017; operative 3/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).
2. Amendment filed 8-31-2020 as an emergency; operative 8/31/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-31-2020 order, including amendment of subsection (f)(3), transmitted to OAL 4-27-2021 and filed 5-10-2021; amendments operative 5/10/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 20).