Cal. Code Regs. tit. 23 § 462

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

Section 462 - Supporting Information

Each application form filed shall be accompanied by the following supporting information. The purpose of the supporting information is to provide a basis for the Department of Health to place the applicant on the priority list and for the Department to determine the applicant's financial eligibility. The supporting information should be based on facts readily and reasonably available to the applicant.

(a) Description of the need for the project including information concerning system deficiencies.

(b) Description of proposed project and a sketch map showing project features and service areas. (Detailed plans need not be submitted with the application, but shall be required after the applicant becomes reachable on the priority list.)

(c) Estimated cost of the project and proposed timetable for project completion.

(d) The amount of financial assistance requested and amount of other financing available, such as from local, state or federal sources, internally generated funds, and the issue of bonds.

(e) Information demonstrating inability to reasonably finance the project or some portion of the project from other sources of funding.

(f) Provide such financial documents as needed to determine the ability to repay loan, including tax revenue, and a schedule for repayment.

(g) Description of measures undertaken, or that will be undertaken as part of proposed project, to reduce water consumption, such as use of water-saving devices, meters, etc.

(h) The basis for applicant's belief that an adequate supply of water is available. (Evidence that the applicant has a right to use the water required for the project must be submitted before any funds are disbursed.)

(i)

(1) If the applicant is a public agency, state the form of the documentation that the applicant will use to satisfy the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 and following) and the State EIR Guidelines (Title 14, Division 6, Chapter 3, Register 78, No. 5). Appropriate documentation may consist of any of the following: a Notice of Exemption, a Negative Declaration supported by an Initial Study, or a final Environmental Impact Report. The applicant must provide the appropriate documentation before the Department will approve a loan or grant and execute a contract.

(2) If the applicant is not a public agency, state whether any public agency, other than the Department of Health Services has prepared, or will prepare the Environmental Documentation for the project. Environmental documentation must be prepared by the Department of Health Services as the Lead Agency, or another public agency, having authority over the project and acting as the Lead Agency, before the Department may approve the loan and execute a contract.

(j) Adopt a resolution by the governing body authorizing the supplier of water to enter into an agreement with the State and appointing representatives who can sign such agreement.

(k) Legal opinion as to the applicant's ability to contract with the State for a loan shall be supplied to the Department.

(l) A statement from applicant's Bond Counsel on salability of bonds, including interest rates, discounts, terms and associated costs.

(m) Provide your water rates and those for surrounding communities for the past three years.

(n) Indicate how the water users will be:

(1) fully apprised of the project;

(2) offered an opportunity to comment on the desirability of the project; and

(3) able to indicate their willingness to pay for the loan for the proposed project. (See Section 472.)

(o) Include other available information to aid in establishing priority of the project. (See Section 467.)

(p) Provide such other information as the Department or the Department of Health Services may require.

Cal. Code Regs. Tit. 23, § 462

1. Amendment of subsection (j) filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Amendment of subsections (d)-(g), (j), (k) and new subsections (l)-(p) filed 2-14-80; effective thirtieth day thereafter (Register 80, No. 7).
4. Renumbering and amendment of former Section 462 to Section 461 and renumbering and amendment of former Section 463 to Section 462 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).

Note: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861, 13864, 13865, 13868, 13868.7, 13880, 13882, 13883, 13885 and 13886, Water Code; and Sections 21002(d), 21080.1- 21080.4, 21081 and 21165- 21166, Public Resources Code.