Section 6011 - Commission Maximum Conditional Eligibility DeterminationThe Commission shall determine a maximum conditional eligibility amount for projects based on ranking, as determined by this section. The maximum conditional eligibility amount is a "not to exceed" amount of potential funding, contingent on the applicant meeting the conditions of section 6013 necessary for the commission to make a funding allocation. The total sum of maximum conditional eligibility amounts shall not exceed the available funding amount.
(a) Staff shall provide to the Commission all component scores including appealed public benefit ratio, pursuant to section 6008, and technical review comments for the Commission's deliberation. The Commission and public shall have a minimum of 30 days to consider the information before any Commission meeting regarding decisions on application component scores.(b) The Commission shall review the component scores and approve or make adjustments to the public benefit ratio and non-monetized public benefits, resiliency, and implementation risk, as follows: (1) Public benefit ratio and non-monetized public benefits (maximum point value of 4). The Commission shall consider the technical review comments regarding non-monetized public benefits and evaluate whether point contributions from non-monetized benefits is consistent. If the Commission determined it is not consistent, the Commission may change the non-monetized public benefit score as described in section 6011(b)(4).(2) Implementation Risk (maximum point value of 15). The Commission shall consider the technical review comments for implementation risk and evaluate if the review comments are consistent with the implementation risk score assigned by reviewers. If the Commission determines it is not consistent, the Commission may change the component score as described in section 6011(b)(4).(3) Resiliency (maximum point value of 25). The Commission shall consider the technical review comments for resiliency and evaluate if the review comments and score are consistent. If the Commission determines it is not consistent, the Commission may change the component score as described in section 6011(b)(4).(4) The Commission may adjust a project's component score for items listed in section 6011(b)(1) - (3) by plus or minus 25% of the maximum value rounded to the nearest whole number. In all cases of score adjustment, the adjusted component cannot exceed the maximum component score in section 6009, Table 5. If the Commission decides that component point adjustments should be made beyond 25%, the Commission shall direct Staff to re-evaluate an application, adjust scores, and substantiate the changes for reconsideration by the Commission.(5) Staff shall adjust the total expected return for investment scores to reflect the Commission's decisions.(c) Before the Commission assigns a maximum eligibility amount to a project, the Commission shall make all the following determinations, based on the technical review and appeal: (1) The proposed project is cost effective;(2) The proposed project improves the operations of the State water system;(3) The proposed project provides a net improvement in ecosystem and water quality conditions;(4) The proposed project provides measurable improvements to the Delta ecosystem or to the tributaries to the Delta;(5) The Program cost share is less than or equal to 50 percent of the proposed project's total capital costs, with the exception of conjunctive use projects and reservoir reoperation projects, as defined in Water Code section 79751. Program cost share for conjunctive use projects and reservoir reoperation projects defined in Water Code section 79751(c) may be greater than 50 percent of the proposed project's total capital costs, pursuant to Water Code section 79756(a);(6) The Program-funded ecosystem improvement benefits make up at least 50 percent of the total public benefits funded by the Program;(7) The proposed project appears to be feasible;(8) The proposed project will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta; and(9) The proposed project is consistent with all applicable laws and regulations.(d) For all projects for which the Commission has made determinations pursuant to section 6011(c), Staff shall use the Commission scores and resulting total expected return on public investment scores to provide the Commission the ranked projects separated into three ranks as follows:(1) Rank one (Rank 1) shall include projects with a total expected return on public investment score of 85 or higher;(2) Rank two (Rank 2) shall include projects with a total expected return on public investment score between 70 and 84;(3) Rank three (Rank 3) shall include the remainder of projects.(e) For ranked projects pursuant to section 6011(d), Staff shall provide the Commission with suggested maximum conditional eligibility amounts, determined as follows: (1) No single project shall receive a maximum conditional eligibility amount equal to the total available Program funding;(2) Staff will first assign suggested maximum conditional eligibility amounts equal to Rank 1 project eligible Program cost shares;(3) If maximum conditional eligibility amounts from section 6011(e)(2) exceed the available funding amount, Staff shall assign maximum conditional eligibility amounts proportional to the expected return on public investment scores;(4) Staff shall assign maximum conditional eligibility amounts to Rank 2 only if the sum of Rank 1 conditional eligibility amounts are less than the total available funding. Staff shall assign Rank 2 maximum eligibility amounts by applying section 6011(e)(1) and (2) to projects in Rank 2; and(5) Staff shall not assign any maximum conditional eligibility amounts to projects in Rank 3.(f) Staff shall also indicate which applications have requested early funding and the amount of the early funding request.(g) Information from section 6011(d)-(f) will be provided to the Commission and public at least 10 days before the Commission meeting where the agenda includes discussion or decision of maximum conditional eligibility for a project.(h) The Commission shall review the suggested maximum conditional eligibility amounts provided by Staff and make adjustments or accept the Staff suggestion according to the following: (1) In adjusting any individual project's maximum conditional eligibility, the Commission shall consider public input and the following:(A) Leveraging of private, federal, or local funding pursuant to Water Code section 79707(b);(B) The ability of the collective suite of projects to advance the long term objectives of restoring ecological health and improving water management for beneficial uses of the Delta;(C) Implementation of the California Water Action Plan 2016 Update (January 14, 2016).(2) Projects in Rank 3 shall be considered for funding only if there is remaining available funding and all projects in Rank 1 and Rank 2 are funded to the full amount of the projects' requests.(3) For projects where the Commission has assigned a maximum conditional eligibility amount and the applicant has requested early funding, the Commission shall determine if early funding should be allowed after reviewing the funding need information contained in the early funding scope of work. Staff shall disburse early funding based on the Commission's determinations and limits pursuant to section 6010.Cal. Code Regs. Tit. 23, § 6011
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 and 79757, Water Code. Reference: Sections 79705, 79711, 79751, 79757, 79755, 79755, 10733.2 and 10753.7, 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).