§ 6013. Funding Agreements.
23 CA ADC § 6013Barclays Official California Code of Regulations
23 CCR § 6013
§ 6013. Funding Agreements.
(1) After the maximum conditional eligibility determinations are confirmed by the Commission, Staff shall send a letter to each applicant whose project received a determination that the project is conditionally eligible for Program funding but additional information is needed to execute a funding agreement. The required information shall include:
(C) Additional information, as applicable, on the status of environmental documentation, labor compliance, urban water management plans, agricultural water management plans, groundwater management plans, or GSP(s), and potential effects of other conditionally eligible projects on the applicant's public benefits;
(G) A statement acknowledging that any applicant seeking funding for a project situated on any land with the following status must demonstrate, prior to the execution of the funding agreement, the existence of a limited waiver of sovereign immunity between the Commission and the governing body of the Tribe entered into pursuant to section 6013(f)(8):
(c) The Commission will not encumber funds and funds will not be made available to an applicant, (with the exception of funding associated with subsection 6010) until such time as the provisions of these regulations have been satisfied, the Commission holds a public hearing allowing for public review and comment on the information required by this subdivision, and the Commission determines that all required provisions have been met. Each applicant shall submit documentation demonstrating that the following items from Water Code section 79755(a) have been completed:
(2) The project applicant has entered into a contract pursuant to Water Code section 79755(a)(3) with CDFW, State Water Board, and the Department, which administer public benefits of the project after the individual agency makes a finding that the public benefits of the project meet all of the requirements of Water Code sections 79750 et seq.;
(d) The applicant shall submit to the Commission progress reports, monthly, quarterly, semi-annually or annually, as directed by the Commission, that document progress the applicant is making toward complying with the items contained in this section, including any changes in the magnitude of public benefits that could affect cost allocation. Progress reports will be posted on the Commission's website within one week of receipt.
(e) Funding for the Completion of Environmental Documentation and Permitting of a Project. Notwithstanding subsection 6013(b), the Commission may provide funding for a project to complete environmental documentation and obtain the necessary permits for constructing and operating the project when the letter of conditional eligibility is sent. Funding for activities associated with the completion of environmental documentation and obtaining permits shall be subject to the following conditions:
(1) Funding for the capital costs of a project remains contingent until all items in section 6013(c) are complete and have been submitted to the Commission. The Commission may determine at a regularly scheduled meeting that the applicant has failed to make substantial progress toward completing these required documents and the project is no longer eligible for Program funding.
(A) The governing body of the Tribe must enter into a limited waiver of sovereign immunity with the Commission related to its receipt of funding for the duration of the planning horizon period of the project. This waiver must include a consent to suit by State of California, Commission, Department, CDFW, State Water Board or the California Attorney General's Office in the courts of the State of California, with respect to any action in law or equity commenced by the State of California, Commission or Department, CDFW, State Water Board or the California Attorney General's Office to enforce the restrictions on the use of funds or the operation of the project by the Tribe related to funds received pursuant to this chapter, irrespective of the form of relief sought, whether monetary or otherwise, except for purposes of relief under this limited waiver, Tribes shall receive the same protections as a California public entity under California Government Code sections 818 and 818.8.
Credits
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.
History
1. New section filed 3-7-2017; operative 3-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 23, § 6013, 23 CA ADC § 6013
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