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§ 574. Method to Determine a Significant Contribution of a Project to the Objectives.

23 CA ADC § 574Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 23. Waters
Division 2. Department of Water Resources
Chapter 4.5. Financial Assistance for Flood Management Projects and Small Flood Management Projects
23 CCR § 574
§ 574. Method to Determine a Significant Contribution of a Project to the Objectives.
(a) The Draft Nonfederal Cost-Sharing Report will be reviewed by an interdisciplinary Department or Board team comprised of one or more technical experts in the areas of flood management and Habitat, Open Space, and/or Recreation. After the technical review, the evaluation team will provide a narrative explanation for the Project's total contribution level and the percentages of Nonfederal Capital Costs assigned to each of the multipurpose Objectives. The method of calculating the total recommended State Cost-Share is provided in Section 575.
(b) The threshold for significant contributions for the Open Space, Habitat, and Recreation Objectives is met when a minimum of five percent of the Nonfederal Capital Costs are spent for meeting an Objective. A Project with less than five percent of the Nonfederal Capital Costs allocated to the Open Space, Habitat, or Recreation Objective does not meet the criteria for a significant contribution toward attainment of these Objectives, but contributions may be counted toward the Combination Objective.
(c) A Project provides a significant contribution to the Disadvantaged Area Objective by increasing the level of flood protection by at least ten percent to a Benefited Area that has a median annual household income of less than 80 percent of the California Median Annual Household Income.
(d) A Project provides a significant contribution to the State Facilities Objective by increasing the level of flood protection by at least ten percent to State Water Supply Facilities or State Transportation Facilities.
(e) The Department or Board will use the following criteria to determine the costs associated with meeting the level of contribution for each of the multipurpose Project Objectives:
(1) Habitat Objective. A significant contribution for the Habitat Objective requires that at least five percent of the Project's estimated Nonfederal Capital Costs are contributed towards protecting, creating, enhancing, or providing opportunities for enhancing endangered species, riparian, aquatic, terrestrial, or other important habitats. These habitat improvements must achieve any of the following objectives beyond what is required for the Project or mitigation:
(A) Promote recovery of at-risk native fish, vegetation or wildlife species;
(B) Improve ecological functions of aquatic and/or terrestrial habitats to support sustainable populations of diverse fish, vegetation, and wildlife species;
(C) Improve conditions for upstream migration, spawning, egg incubation, emergence, rearing and emigration of priority fish species through adjustment of river flows and temperature;
(D) Cause increases in early lifestage survival for priority fish species;
(E) Improve fish passage through modification or removal of barriers;
(F) Influence geomorphic processes within the floodplain in a manner that improves habitat or reduces the potential for fish stranding;
(G) Enhance natural processes to support, with minimal human intervention, natural habitats that support native species;
(H) Remove and/or prevent the establishment of non-native species; or
(I) Provide other important habitat restoration opportunities.
(2) Open Space Objective. A significant contribution for the Open Space Objective requires that at least five percent of the Project's estimated Nonfederal Capital Costs are contributed towards the acquisition and preservation of Open Space beyond what is required for the Project or mitigation. Such lands may be acquired in fee and are subject to restrictions, such as Open Space or conservation easements that permanently restrict the land to Open Space uses and secures the rights necessary for flood management operations and maintenance.
(3) Recreation Objective. A significant contribution for the Recreation Objective requires that at least five percent of the Project's estimated Nonfederal Capital Costs are contributed towards recreational improvements, such as picnic areas and foot and bike paths, and provides public access to all or nearly all of the Project Works, except those areas where public access would constitute a threat to public safety or habitat or would constitute a trespass on private property. These recreation improvements shall achieve any of the following objectives beyond what is required for the Project or mitigation:
(A) Develop and maintain trails for pedestrians, bicycles, and/or equestrians;
(B) Modify the operation of flood control facilities to increase the diversity and duration of recreational opportunities;
(C) Enhance the condition and quality of existing recreational facilities;
(D) Provide facilities for rafting, canoeing, boating, fishing, viewing wildlife, swimming or other water-dependent activities;
(E) Provide interpretive facilities and services that enhance visitor appreciation of natural, historical, and cultural resources;
(F) Relocate major trails to avoid flooding so that they may remain open all year;
(G) Enhance public beach areas;
(H) Provide linkage between recreational areas; or
(I) Provide other important public recreation opportunities.
(4) Disadvantaged Area Objective. A significant contribution for the Disadvantaged Area Objective requires that: (1) the Benefited Area receives at least a ten percent increase in flood protection and (2) the Benefited Area Median Annual Household Income is less than 80 percent of the California Median Annual Household Income. The increase in flood protection will be determined from either the Federal Feasibility Study Report or other supplemental information as deemed appropriate by the Department or Board. The following steps will be used to determine if the median annual household income is less than 80 percent of the California Median Annual Household Income:
(A) The Benefited Area will be evaluated to determine the applicable census geographic unit (for example, Block Group, Tract, city, county, etc.).
(B) For a single census geographic unit, the median annual household income will be obtained from the U.S. Census Bureau website. For a Benefited Area larger than a single census geographic unit or smaller than a Block Group, the median annual household income may be determined by a special tabulation prepared by the U.S. Census Bureau upon request and payment of a fee.
(C) The median annual household income of the Benefited Area will be compared to 80 percent of the California Median Annual Household Income.
(D) The median annual household income of the Benefited Area must be less than 80 percent of the California Median Annual Household Income.
The exact amount of the increase in the State Cost-Share will depend upon the degree to which the Benefited Area is economically disadvantaged. The enhancement is equal to the difference between the Benefited Area Median Annual Household Income and the Disadvantaged Household Income, measured as percentages of the California Median Annual Household Income (rounded to the nearest whole percentage point). During its review of the Draft Cost-Sharing Report, the Department or Board will review and may revise this estimate to better match the Benefited Area's geographic boundaries and update it for current conditions using data provided by a vendor to be selected by the Department or Board.
The Sponsor may propose an alternative calculation method for the Disadvantaged Area Objective. Any such proposed alternative calculation method must use data equivalent to the U.S. Census Bureau data and be used or reviewed by the Department or Board prior to any Department or Board determinations.
(5) State Facilities Objective. A significant contribution for the State Facilities Objective requires that State Transportation Facilities or State Water Supply Facilities receive at least a ten percent increase in flood protection. The increase in flood protection will be determined from either the Federal Feasibility Study Report or other supplemental information as deemed appropriate by the Department or Board.
(6) Combination Objective. The Sponsor will be entitled to an increase in the State Cost-Share of the Project for significant contributions to the Habitat Objective, Open Space Objective, and Recreation Objective based upon a combination of investments toward each Objective.

Credits

Note: Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Section 12585.7, Water Code.
History
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 23, § 574, 23 CA ADC § 574
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