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Flood Control Subventions Program Section


Announcements

June 8, 2009 - Disapproval of the Modifications to Text of Proposed Regulations

On June 8, 2009, the Office of Administrative Law (OAL) issued a Decision of Disapproval of Regulatory Action regarding the proposed regulations submitted by Department of Water Resources (Department). The proposed regulations would have adopted Chapter 4.5 of Division 2 of Title 23 (commencing with section 570) regarding Financial Assistance for Flood Management Projects and Small Flood Management Projects. OAL disapproved the proposed regulations for failure to comply with standards and procedures of the California Administrative Procedure Act (APA), specifically the failure to make certain substantive changes to the regulations available to the public for comments as required by Government Code section 11346.8.

The Department has 120 days from the date of the disapproval decision in which to resubmit the proposed regulations after making them available for public comment in accordance with the Administrative Procedure Act (Government Code section 11349.4).

October 27, 2008 - Modified AB 1147 Regulations, End of 15-Day Comment Period

The 15-day public comment period has ended for the modified AB 1147 regulations. The Department granted an extension for one commenter. The Department is considering all relevant material received during this comment period.

October 2008 - Notice for 15-Day Comment Period, AB 1147 Regulations

The Department of Water Resources has made substantial, sufficiently related changes to its initial proposed AB 1147 regulations (see June 2008 Announcements). In compliance with the Administrative Procedure Act (Government Code section 11340 et seq.), the changes are made available for public comment for at least 15 days, beginning on October 6, 2008. All written comments must be received by the Department before October 22, 2008. The public may comment on the proposed modifications in writing, including by facsimile (fax) or email.

All written comments should be addressed to:
Michele Ng
Department of Water Resources Division of Flood Management
3310 El Camino Avenue
Sacramento, CA 95821

Comments may also be submitted by fax at 916.574.0331 or by email to ngm@water.ca.gov

The Notice of Modifications to Text of Proposed Regulations (PDF: 19KB) and Modifications to Text of Proposed Regulations (PDF: 116KB) are available here and have been mailed or emailed to each person who has submitted written comments on the initial proposal, testified at the public hearing, or asked to receive a notice of proposed modification.

September 2008 - Disapproval of AB 1147 Emergency Regulations

The Office of Administrative Law (OAL) has disapproved the AB 1147 emergency regulations filed by Department of Water Resources. The emergency regulations were filed by the Department pursuant to Section 13 of Senate Bill 85 (Chapter 178, Statutes of 2007). The disapproval is posted on the OAL website, The Department continues to be in the regular (nonemergency) rulemaking process for AB 1147.

July 2008 - AB 1147 Emergency Regulation

The Department of Water Resources intends to file emergency regulations pursuant to Section 13 of Senate Bill 85 (Chapter 178, Statutes of 2007). These emergency regulations are related to the requirements of Assembly Bill 1147 (Chapter 1071, Statutes of 2000).

The Advance Notice of Intent to File Emergency Regulations was mailed on July 17, 2008 to interested parties on the Department's Subventions mailing list. Comments on the proposed emergency regulations must be submitted within five calendar days of when the Office of Administrative Law (OAL) posts the proposed emergency regulations on the OAL website, http://www.oal.ca.gov. All comments on the emergency regulations must be sent simultaneously to both OAL and the Department. The Department will file the Emergency Rulemaking package with OAL on or after July 24, 2008.

Along with the filing of the emergency regulations, the Department is simultaneously going through the regular (nonemergency) rulemaking process for AB 1147 regulations. Please note that the Department's filing of emergency regulations does not preclude the public's ability to comment on the proposed regular regulations. Comments on the proposed regular regulations will continue to be received in accordance with the regular rulemaking process.

July 2008

The second public hearing regarding the proposed regulations will be held on July 29, 2008 at 1:00 pm in the Auditorium of the Resources Building, 1416 Ninth Street, Sacramento, California 94236-0001. Any interested person or his or her authorized representative may present statements or arguments orally or in writing relevant to the action. The Auditorium is accessible to persons with disabilities. The nearest off-street parking is on the corner of 10th and P Streets and is accessed from 10th Street. Notice is also given that written comments relevant to the proposed regulatory action may also be hand-delivered or mail to:

Department of Water Resources
Division of Flood Management
3310 El Camino Avenue
Sacramento, CA 95821
Attention: Michele Ng

Comments may also be submitted by facsimile (FAX) at (916) 574-0331 or by email to ngm@water.ca.gov. In order to be considered before the DWR adopts the proposed regulations, written comments that present statements, arguments, or contentions relative to the proposed action must be received by 5 p.m. on July 28, 2008 or at the July 29, 2008 hearing. DWR may make changes in the proposed regulations before adopting them. The text of any modified regulations will be made available to the public with the changes clearly marked at least fifteen (15) days before the DWR adopts the regulations. A request for the modified text should be addressed to the agency official designated in this notice. DWR will accept comments on the modified regulations for 15 days after the date on which the revised text is made available.

June 2008 - Proposed Regulations for the Flood Control Subventions Program

The Subventions staff has developed proposed AB1147 regulations that encourage local sponsors to meet the desired objectives. The goal is to provide rules that are understandable, equitable and obtainable for the sponsors. In compliance with the rulemaking procedures in the Administrative Procedure Act (Government Code § 11340 et seq.), a 45 day opportunity to submit written, faxed, or email comments on all or any part of a proposed rulemaking action starts on June 13, 2008. The notice of proposed rulemaking (PDF: 30KB) is published in the California Regulatory Notice Register, which may be accessed online at http://www.oal.ca.gov/notice.htm. The notice of proposed rulemaking is also mailed to those who have asked to be on the agency's notice mailing list, and here. The notice tells you how to obtain access to the proposed regulation text (PDF: 89KB) and the initial statement of reasons (PDF: 136KB) and who to call if you have questions. The notice also schedules two public hearings at which you may comment on the proposal orally and/or in writing.

MAKING AN EFFECTIVE COMMENT: Effective comments are based on an understanding of the statutes and factual material the agency relies on in proposing the regulation, on an understanding of what the proposed regulation is intended to do, and on an understanding of the standards the regulation must satisfy. The Authority and Reference citations that follow the text of each regulation section identify the statutes on which the section is based. The initial statement of reasons describes the purpose and rationale of each regulation and identifies the factual material upon which the agency relies in proposing it. The response to comments in the final statement of reasons must demonstrate that each relevant, timely comment has been considered.

May 2008

Our draft AB 1147 Regulations are currently being routed to the Secretary of Resources and then onto the Office of Administrative Law (OAL). These regulations affect projects authorized on or after January 1, 2002. When OAL publishes the draft regulations, we will add a link to the draft language, Initial Statement of Reasons, and Frequently Asked Questions. To learn more, you may read our informational brochure. If you would like to be on our mailing list to receive a hardcopy of the draft regulations, please email Jeffrey Parsons at jparsons@water.ca.gov

November 2006 - Propositions on the General Election Ballot affecting Subventions

  • Prop 1E (Disaster Preparedness and Flood Prevention Bond Act of 2006) will provide $500 million to Subventions.
  • Prop 84 (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006) will provide $180 million to Subventions.

June 2006 - Budget Act of 2006

  • The Budget Act of 2006 includes 6 staff and $100,000,000 for local agency assistance, with the following provision:
    The Department of Water Resources shall give priority to processing $10,000,000 in claims from the Napa
    County Flood Control and Water Conservation District to avoid delays that could lead to the loss of federal
    funds or create otherwise avoidable flood risks along the Napa River. This priority shall apply during the
    2006-07 fiscal year in recognition of the extensive flood damage that occurred in January 2006.

September 2005 - Requirements for submitting local agency claims have been modified:

  • Guidelines for State Reimbursement on Flood Control Projects (February 1974) - Revision to Section VI. Claims for Financial Assistance, B. Claims for Reimbursement, first paragraph:  "The local agency shall submit ONE copy of each claim."
  • The requirement to submit five (5) copies of each claim is no longer necessary.
 

The Flood Control Subventions Program Section along with the Central Valley Flood Protection Board (formerly Reclamation Board) provide financial assistance to local agencies cooperating in the construction of federally authorized flood control projects. The Central Valley Flood Protection Board administers the State financial assistance for major U.S. Army Corps of Engineers' projects in the Central Valley while the Flood Control Subventions Program Section is responsible for disbursing funds for all other State authorized projects.

The national flood control program was enacted in 1936, which required nonfederal interests to pay the costs of rights of way and relocations for channel improvements and levee projects. State law enacted in 1945 provides for reimbursements to local flood control agencies for all rights of way and relocation costs of channel improvement and levee projects. In 1973, state statute was changed to one of State-local cost sharing for flood damage prevention features of channel improvement and levee projects. State participation in the nonfederal capital costs of recreation and fish and wildlife enhancement features was also added to the program in 1973. In 1988, the state statute was modified to reflect the 1986 changes in federal policy. In 2000, the state statute was amended and now requires flood management projects to meet prescribed requirements prior to state authorization and creates a variable state cost-share percentage based on multi-purpose objectives for the projects, ranging from a minimum of 50% to a maximum of 70%.

(Text of Legislation, History of Legislation, Legislation Status)

Guidelines (PDF: 84KB) were established in 1974 that outline the procedures for submitting and reviewing claims.

For more information on