Cal. Code Regs. tit. 23 § 455

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

Section 455 - Definitions

The words used in this subchapter have the meanings provided in Water Code Sections 13857 and 13881 and set forth below:

(a) "Act" means the California Safe Drinking Water Bond Law of 1976 as set forth in Chapter 10.5, of Division 7 of the Water Code (commencing at Section 13850), and the California Safe Drinking Water Grant Program as set forth in Chapter 10.6 of Division 7 of the Water Code (commencing at Section 13880) and any amendments thereto.

(b) "Department of Health" means the State Department of Health Services.

(c) "Regularly supplies water to at least 25 individuals" as used in Section 13857(c) and 13881(b) of the Act, means, when applied to a school, that a school must have an attendance of at least 25 students during a minimum school year of at least 175 days.

(d) "Community Water System" means a water system which serves at least 15 year-round residential service connections or regularly serves at least 25 year-round residents.

(e) "Applicant" means any person or entity applying for financial assistance under the Act.

(f) "Eligible Supplier" means a supplier eligible to apply for assistance under the Act and this subchapter.

(g) "Eligible Project" means a project for the construction, improvement, or rehabilitation of a domestic water system determined to be eligible under the Act and meeting the requirements of this subchapter.

(h) "Eligible Project Costs" means costs associated with (g) above, including the engineering, legal and administrative fees associated with the construction, and also including those reasonable costs incurred by the applicant to prepare the application and establish eligibility. Eligible Project Costs do not include:

(1) Operation and maintenance costs;

(2) Costs of providing water for industrial use;

(3) Purchase of equipment or payment of rentals. However, reasonable maintenance and depreciation allowances for equipment or machinery currently owned or acquired for project purposes by a supplier shall be allowed.

(4) Purchase of existing systems.

(5) Payment of principal or interest of existing indebtedness or any interest payments unless:

(A) The debt is incurred after issuance of a letter of commitment of funds by the Department; and

(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and

(C) The costs for which the debt is incurred are otherwise eligible project costs.

(6) Establishment of a reserve fund.

(i) "Environmental Documentation" means written documentation prepared in accordance with the California Environmental Quality Act (Division 13, Public Resources Code commencing with Section 21000) and the State EIR Guidelines (Title 14, Division 6, Chapter 3, Register 78, No. 5). "Environmental Documentation" includes, but is not limited to Notices of Exemption, draft and final EIRs, Initial Studies, Negative Declarations, Notices of Completion and Notices of Determination (Title 14, Section 15026.5, Register No. 78, No. 5).

(j) "Eligible Domestic Water System" or "Eligible Community Water System" means the total water system for which an independent water permit has been issued by the Department of Health Services.

Cal. Code Regs. Tit. 23, § 455

1. New Subchapter 2.5 (Sections 455-473) filed 10-7-76; effective thirtieth day thereafter (Register 76, No. 41).
2. Amendment of subsection (d) filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
3. Amendment of subsection (o) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. New subsections (q) and (r) filed 2-14-80; effective thirtieth day thereafter (Register 80, No. 7).
5. Amendment of subsection (e) filed 2-29-80 as an emergency; effective upon filing (Register 80, No. 9). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 6-29-80.
6. Certificate of Compliance including amendment filed 6-17-80 (Register 80, No. 25).
7. Amendment filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).

Note: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13857, 13861, 13868, 13881 and 13882, Water Code.