Section 6012 - Agency Findings(a) The agency finding, required by Water Code section 79755(a)(3), for the purposes of the Program is a preliminary assessment of public benefits based on information supplied in the application that indicates that a project's public benefits meet the requirements of Water Code section 79750 et seq.(b) CDFW and State Water Board shall base their respective findings on:(1) The technical review of the ecosystem and water quality public benefits, respectively;(2) The requirements of Water Code section 79753; and(3) The agency's assessment of a project's relative environmental value in achieving the priorities identified by the agency.(c) The Department shall base its findings on the technical review of the flood control, emergency response, and recreation public benefits, if applicable.(d) If CDFW, State Water Board or the Department (each a reviewing agency) finds the public benefits as described in a project's application meet all of the requirements of Water Code section 79750 et seq. for which the reviewing agency is responsible, the reviewing agency shall provide to the Commission a written statement confirming the finding.(e) A finding does not commit the reviewing agency to a definite course of action regarding any subsequent determination or approval by the reviewing agency under any regulatory or statutory authority beyond this section 6012, and the finding shall not be construed to limit any agency's obligations under any statute or regulation.(f) Only those public benefits found to be consistent with Water Code section 79750 et seq., pursuant to this section will be considered in project scores and determinations of maximum conditional eligibility amounts.(g) Changes in the amount of public benefits may occur from the time of the reviewing agencies' findings to the time an applicant enters into a contract with the reviewing agency. Prior to entering into a contract with the project applicant, as required by Water Code section 79755(a)(3), the agencies responsible for administering the public benefits shall confirm that the public benefits, as modified, continue to meet all the requirements of Water Code section 79750 et seq.Cal. Code Regs. Tit. 23, § 6012
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, 79710, 79750, 79751, 79752, 79753 79755 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).