Cal. Code Regs. tit. 23 § 499.4.1

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 499.4.1 - Designs
(a) The Department shall administer a grant program to fund designs for projects consistent with the Bond Law and these regulations. Designs funded under this Chapter shall use information from a feasibility study accepted by the Department to develop a set of plans and specifications that could be used to advertise for construction and/or to develop an implementation package for non-constructed features of a project. The recipient may subdivide an accepted feasibility study into more than one unit for design but the aggregate of all design units shall conform to and include all of the plan selected in the accepted feasibility study, as amended by any changes subsequently accepted in writing by the Department.
(b) Designs will provide the information needed to begin project implementation. This information includes, but is not limited to:
(1) For constructed works:
(A) Drawings showing project features, with enough specificity and completeness so that a general contractor could understand the intent of and bid on the project. All drawings shall be signed by an engineer registered pursuant to California law.
(B) Project specifications complementing the drawings and providing the written description of project needs. All specifications shall be certified by an engineer registered pursuant to California law.
(C) A detailed cost estimate showing the total project costs by line item, and including labor and material costs. The estimate shall be certified by an engineer registered pursuant to California law.
(D) A design analysis or report showing the engineering calculations that were used to determine the size and types of materials used in the design.
(2) For programs not requiring construction:
(A) A full description of all actions to be taken to implement the program, including drawings, charts or diagrams where appropriate, with enough specificity and completeness so that a person or agency knowledgeable in the appropriate field could understand and carry out the program.
(B) A full description of the results expected from actions taken.
(C) A detailed cost estimate, broken down into individual tasks or subtasks to the satisfaction of the Department.
(D) A design analysis or report describing how each action was determined and substantiating its expected effectiveness.
(3) For projects that include mitigation or enhancement measures funded by the Department of Fish and Game under Water Code Section 79068.14:
(A) Identification of items considered mitigation or enhancement, separate from the remainder of the project and from each other, and estimates of their implementation costs.
(B) Evidence that, for lands acquired solely for mitigation or enhancement purposes, any required property rights could be acquired from willing sellers.
(4) For all projects, a schedule for project implementation showing the time in calendar days required to complete the project as determined by use of a CPM diagram.
(c) Designers shall follow all applicable federal, state, local and industry standards. For projects which will, if implemented, fall under the jurisdiction of The Reclamation Board, applicable state standards include the Reclamation Board standards, as found in Title 23, Division 1, Chapter 1, Article 8, of the California Code of Regulations.
(d) The recipient shall provide to the Department an information copy of the design criteria, standards or guidelines used by its designer. This information will be provided before the final design is submitted to the Department for review.
(e) Designs to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(f) The Department may reimburse up to 100 percent of eligible design costs.
(g) Funding of a design under this Chapter does not obligate the Department to fund the implementation of a proposed project.

Cal. Code Regs. Tit. 23, § 499.4.1

1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
2. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section and NOTE as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
4. Amendment of section and NOTE filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).

Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6, 79068.10 and 79086.14, Water Code.

1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
2. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section and Noteas they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
4. Amendment of section and Note filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).