Cal. Code Regs. tit. 23 § 6014

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

Section 6014 - Managing Public Benefits

(a) The Commission shall provide for the management of public benefits provided by the projects through the Program by:

(1) Implementing Water Code section 79755 prior to the award of funding pursuant to section 6013.

(2) Pursuant to the requirements of Water Code section 79755, any project funded under the Program shall enter into a contract with each of the appropriate State agencies, CDFW, the State Water Board, and the Department (administering agencies) to administer the public benefits of the project. These contracts shall supersede any preliminary operations, monitoring, and management commitments made in the Program application.

(A) The contract between an administering agency and applicant shall contain:

1. An adaptive management plan for the public benefits funded under the Program. The adaptive management plan shall contain:

a. Public benefit monitoring metrics;

b. Monitoring locations, frequencies, and timing;

c. Metric evaluation methodology and associated threshold or trigger levels based on best available science that initiate adaptive management actions;

d. Decision making process including the administering agency role and the adaptive management actions that would be taken when a trigger is reached;

e. Funding sources and financial commitments to implement the adaptive management plan;

f. Other items deemed necessary on a case-by-case basis by administering agencies entering into the contract.

2. A description of public benefits being administered;

3. Reporting requirements between the administering agency and the applicant. Reporting requirements shall be on a contract-by-contract basis, depending on the type of public benefits to be achieved;

4. A provision requiring reporting to the Commission. Reporting may be consistent with the reporting in Section 6014(a)(2)(A)(3). Reporting to the Commission shall include:

a. Documentation of public benefits provided;

b. Description of any public benefit changes and how they were adaptively managed; and

c. Other information as deemed appropriate by the administering agency.

5. Assurances, as determined by the administering agency and applicant, regarding how the project will be operated, maintained, repaired, replaced and rehabilitated;

6. A provision allowing the administering agency to inspect the project during construction and operation;

7. Actions the administering agency may take, if the project fails to comply with its contractual responsibilities; and

8. Other provisions deemed necessary by the administering agency.

(B) Prior to the execution of the contract between the administering agency and the applicant, the administering agency may submit a draft of the contract to the Commission. The Commission, after considering any public comment, may offer comment for the administering agency's consideration prior to execution.

(C) The applicant shall submit the executed administering agency contracts to the Commission in compliance with section 6013(c).

(3) After an applicant has met the requirements of section 6013, the applicant responsible for the project funded under the Program shall enter into a funding agreement with the Commission. The funding agreement shall include language consistent with the requirements of the contracts and permits identified in section 6013(c)(2) and (5), respectively, and describe how the funding recipient will ensure the public benefits identified by the project are achieved.

(4) Once a project is operational and providing public benefits, the Commission shall track the public benefits received and provide access to data and reports to the public. Reports submitted pursuant to section 6014(a)(2)(A)(4) will be posted to the Commission's website within one week of receipt. In addition to reports received by the Commission, the Commission may request administering agencies or funding recipients to present additional information regarding project public benefits at a Commission meeting.

Cal. Code Regs. Tit. 23, § 6014

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, 79755 and 79757, Water Code. Reference: Sections 79705, 79711, 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).