Chapter 12Advance Payment for Water Projects

Section § 80150

Explanation

This section outlines the process and requirements for regional water management groups receiving a grant for projects under an integrated regional water management plan. Within 90 days of receiving notice of the grant, they must provide the administering agency with a list of projects to be funded, especially those involving nonprofit organizations or disadvantaged communities. The list must include project descriptions, entities receiving funds, project budgets, and timelines.

The administering agency can advance 50% of the grant to projects led by or benefiting disadvantaged communities if the grant is under $1 million. The funded projects must place the advance in a noninterest-bearing account, use the funds within six months, and provide quarterly accountability reports on expenditures. Unspent funds must be returned, and the agency can impose additional rules to ensure funds are properly used.

(a)CA Public Resources Code § 80150(a) Within 90 days of notice that a grant under this division for projects included and implemented in an integrated regional water management plan has been awarded, the regional water management group shall provide the administering agency with a list of projects to be funded with the grant funds where the project proponent is a nonprofit organization or a disadvantaged community, or the project benefits a disadvantaged community. The list shall specify how the projects are consistent with the adopted integrated regional water management plan and shall include all of the following information:
(1)CA Public Resources Code § 80150(a)(1) Descriptive information concerning each project identified.
(2)CA Public Resources Code § 80150(a)(2) The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a disadvantaged community.
(3)CA Public Resources Code § 80150(a)(3) The budget of each project.
(4)CA Public Resources Code § 80150(a)(4) The anticipated schedule for each project.
(b)CA Public Resources Code § 80150(b) Within 60 days of receiving the project information pursuant to subdivision (a), the administering agency may provide advance payment of 50 percent of the grant award for those projects that satisfy both of the following criteria:
(1)CA Public Resources Code § 80150(b)(1) The project proponent is a nonprofit organization or a disadvantaged community, or the project benefits a disadvantaged community.
(2)CA Public Resources Code § 80150(b)(2) The grant award for the project is less than one million dollars ($1,000,000).
(c)CA Public Resources Code § 80150(c) Funds advanced pursuant to subdivision (b) shall comply with the following requirements:
(1)CA Public Resources Code § 80150(c)(1) The recipient shall place the funds in a noninterest-bearing account until expended.
(2)CA Public Resources Code § 80150(c)(2) The funds shall be spent within six months of the date of receipt, unless the administering agency waives this requirement.
(3)CA Public Resources Code § 80150(c)(3) The recipient shall, on a quarterly basis, provide an accountability report to the administering agency regarding the expenditure and use of any advance grant funds that provides, at a minimum, the following information:
(A)CA Public Resources Code § 80150(c)(3)(A) An itemization as to how advance payment funds provided under this section have been expended.
(B)CA Public Resources Code § 80150(c)(3)(B) A project itemization as to how any remaining advance payment funds provided under this section will be expended over the period specified in paragraph (2).
(C)CA Public Resources Code § 80150(c)(3)(C) A description of whether the funds are placed in a noninterest-bearing account, and if so, the date that occurred and the dates of withdrawals of funds from that account, if applicable.
(4)CA Public Resources Code § 80150(c)(4) If funds are not expended, the unused portion of the grant shall be returned to the administering agency within 60 days after project completion or the end of the grant performance period, whichever is earlier.
(5)CA Public Resources Code § 80150(c)(5) The administering agency may adopt additional requirements for the recipient regarding the use of the advance payment to ensure that the funds are used properly.
integrated regional water management grant process nonprofit organizations disadvantaged communities project funding advance payment noninterest-bearing account accountability report project budget project schedule grant award regional water management group funds expenditure administering agency unspent funds return
(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)