Program: Non Urban Flood Risk Management Program

Bond Act: Proposition 1E

Agency of Appropriation: Department of Water Resources

Bond Statute: 5096.821

  • Front-end
  • In-progress
  • Follow-up (Audit)

Bond Expenditure Criteria or Process:

 

With passage of the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Proposition 1E), the State enacted Section 75030-75034 of the California Public Resources Code.  This law provides that funds be made available through the Department of Water Resources (DWR) for projects that improve levees which are part of the State Plan of Flood Control (SPFC) for the Central Valley.  Bond 1E Chapter 1.699, Article 4, Section 5096.821(a) provides for the use of bond funds for the evaluation, repair, rehabilitation, reconstruction, or replacement of levees, weirs, bypasses, and facilities of the State Plan of Flood Control by repairing erosion sites, removing sediment from channels or bypasses, evaluating and repairing levees and other facilities, and implementing mitigation measures. Non-Urban Flood Risk Management Program (NFRM) proposes to implement policies which the Central Valley Flood Protection Plan (CVFPP) laid out.  NFRM ties into the Flood Risk Reduction Projects section of the CVFPP’s State Systemwide Investment Approach (SSIA).  Both rural and small community projects must be multi-benefit flood projects that are consistent with the CVFPP. 

 

DWR has made $31 million available for performing flood risk reduction projects under the NFRM Program beginning in fiscal year 2012-2013. A draft Program Guidelines document is anticipated for publication Spring 2013.  Final Program Guidelines and a Proposal Solicitation Package (PSP) are planned for the Summer of 2013.

 

There are many non-urban areas protected by the facilities of the SPFC.  These include small and rural communities and agricultural areas which are economically disadvantaged.  A large portion of the non-urban levee system within the Central Valley does not meet current levee performance standards, either due to geotechnical weaknesses, erosion, encroachments, penetrations, excessive vegetation, or other concerns.  The NFRM Program will provide grant funding to small communities within the floodplains of the Central Valley for the flood risk reduction projects, including levee improvements and/or levee extensions, needed to provide 100-year flood protection, as defined by FEMA’s National Flood Insurance Program.  NFRM will sponsor structural improvements, such as strengthening existing levees, raising levees, constructing new internal levees, J-levees or floodwalls.  The Program will also encourage the use of non-structural methods, including projects that are intended to reduce or eliminate susceptibility to flooding by preserving or increasing the flood-carrying capacity of floodways, and include such measures as levees, setback levees, enhancement of emergency response capabilities, flood proofing structures, zoning, and designating flood prone areas.  The NFRM Program also provides for proactive repairs and support for sustainable operations and maintenance practices.

 

Under this program, DWR will evaluate various projects on a case-by-case basis to identify appropriate flood risk reduction measures and provide funding for feasible projects.  Support will be prioritized based on flood frequency, proximity to source, depth of flooding, levee integrity, financial return, sustainability, and environmental stewardship.

 

Proposition 1E requires that grant funds be expended while (1) securing the maximum feasible amounts of federal and local matching funds, (2) ensuring prudent and cost-effective use of the funds to the extent that doing so does not prohibit timely implementation of disaster-preparedness and flood-prevention projects, (3) prioritizing selection and project design to achieve maximum public benefits from the use of the funds, and (4) supporting an investment strategy that meets long-term flood protection needs and minimizes state taxpayer liabilities from flooding.

 

NFRM Guidelines and Project Solicitation Package (PSP) are currently under development.  These documents will provide detailed information on the following:

 

  • The timeline for criteria and process development of the NFRM Program
  • The criteria used to select successful applicants 
  • The timeline for selecting, evaluating and approving NFRM projects
  • Outreach activities to notify Agencies within non-urban areas as to when and how funding availability will be made
  • Criteria for funding accountability and work performance
  • Identifying flood risk management needs
  • Performance History of the Levees
  • Potential for Levee Improvement
  • Flooding Characteristics
  • Local Participation

 

The State intends to use the Grant Review and Tracking System (GRanTS) to document the processes of reviewing and awarding the funding agreements to successful applicants.

 

DWR will report its bond expenditures under the program to the public via the Bond Accountability website that is maintained by the Natural Resources Agency.

NFRM projects should be consistent with the policies laid out in the 2012 Central Valley Flood Protection Plan (CVFPP) for small and rural communities and all expenditures should be consistent with the Systemwide Investment Approach (SSIA) of the CVFPP.  NFRM gives funding priority to rural and small community projects that are multi-benefit and consistent with the CVFPP. 

 

Once a project is authorized, the selected Flood Control Agencies are eligible for reimbursement from DWR for NFRM grant funding according to the contracting agreement entered into by both parties.  Only the cost of work accomplished on the authorized agreement items and tasks will be eligible for reimbursement.  No grant funds will be disbursed until a grant agreement is executed.  Under the conditions of the NFRM Program, the cost of work performed prior to execution of the project agreement may be eligible for credit against the local share of project costs.

 

DWR will log the claims for reimbursement as they are submitted and indicate the date the local agency submits the claim.  The claim date sets the priority for the claim, as they are reviewed and paid under a “first in – first out” method.  The claims are then reviewed, and DWR presents its determination of eligible costs.  Eligible costs are based on the NFRM Program Guidelines for Providing Funding to Public Agencies under Proposition 1E.

 

Project progress and outcome is measured in the form of progress reports, recordkeeping requirements, and post-implementation reports which are specified in the NFRM Program Guidelines.  Site inspections and record audit requirements are outlined in the NFRM Program Guidelines as well.  DWR’s Project Manager will oversee progress and ensure compliance with terms of the Grant Agreement as outlined in the Guidelines. Per terms of the Grant Agreement, funding recipient shall be responsible for work and for persons or entities engaged in work, including, but not limited to, subcontractors, suppliers, and providers of services.

 

The financial status (expenditures and commitments) will be tracked at the project/grant level in DWR’s financial system, called SAP.  DWR will utilize “funded program numbers” and structured “internal order cost objects” to track detailed information down to the individual projects or grants.  The use of these elements within SAP will enable DWR to also track multiple funding associated with a single project or grant.  However, expenditures of funds not controlled by DWR will be tracked by the managing agency.

 

Periodic updates will be made to the public Bond Accountability website to ensure the program 3-part accountability write-ups and project information are current.  These updates will be made no less than semi-annually and will be submitted to the Department of Finance and posted on the public website.

A post-project report is developed following the completion of each project. The report summarizes the activities that took place to achieve the project goals and includes all the documents referenced in the Grant Agreement and provides a consistent method to file important project documents following project completion.  The final product of each project is reviewed for consistency with Federal, State, and local regulations.  A summary of project funding sources, cost centers and internal order numbers used to track expenditures is maintained with the project files.

 

Audit procedures are identified in the project review criteria under the Special Provisions of the Grant Agreement.   The Special Provisions of the Grant Agreement require that the grantee hire a certified public accountant to perform an independent final audit of the records.

The Division of Flood Management is working closely with the Department of Finance to ensure accountability and projects financed under Proposition 1E have been posted to the Bond Accountability website so the public is provided accessible information on how proceeds of State general obligation bonds are utilized.

The Natural Resources Agency will obtain an independent audit of the bonds through the annual Department of Finance, Office of State Audits and Evaluations (OSAE) audit of bond expenditures.

Projects within this Program: