Bond Act: Proposition 84
Agency of Appropriation: Department of Water Resources
Bond Statute: 75029, 75029(a)
- Front-end
- In-progress
- Follow-up (Audit)
Authority
The Delta Water Quality Program is a program created under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). The Act was codified in Section 1, Division 43 of the Public Resource Code (PRC). Section 75029 of the code is administered by the Department of Water Resources (DWR) and authorizes the use of funds by local public agencies to implement Delta water quality improvement projects that reduce or eliminate discharges of salt and pollutants, including projects that relocate drinking water intakes within the Delta. Projects selected for bond funding are to be consistent with the goals outlined in DWR’s 2005 Strategic Business Plan available on the Department of Water Resources website.
Project Selection
Grant guidelines and proposal solicitation packages (PSPs) will be developed and vetted through a transparent public process. Draft guidelines were first released for public review in Spring 2008 and again in Summer 2008. The draft guidelines were re-released for public review in Spring 2010 along with the draft of the first grant proposal solicitation package. The final guidelines and first proposal solicitation were released in Summer 2010. Multiple grant proposal packages and solicitations are expected to be issued over several years depending upon annual funding appropriations. All announcements related to the release of the final guidelines or PSPs will be listed on the Department of Water Resources website.
The guidelines outline the selection process for projects to be funded with bond proceeds. The Delta Water Quality Program will include both a competitive and application-only selection process. Because the Delta Region projects, PRC Section 75029(d), are uniquely identified in the legislation, these projects will be selected through an application- only process. All other projects will compete for funding using evaluation criteria as outlined in the guidelines. The projects will be ranked and the higher ranking proposals will be recommended for funding. The applicants will be required to account for all other funds related to the project prior to funding awards in a cost estimate/cost share breakdown. Projects selected for funding must submit a task breakdown with measurable outcomes. Construction proposals must submit contract documents with plans and specifications that describe completed projects. The contracts developed for selected projects would contain a detailed work plan, cost estimate, and schedule.
Compliance and Reporting
All construction contracts will be reviewed by the Division of Engineering to ensure compliance with State contracting procedures. All invoices, budget, and accounting for projects will be tracked through DWR’s Bond Management System (BMS). DWR intends that the BMS be the single and sole source of record for providing mandatory reports and complying with bond accountability requirements set forth in the Governor's Executive order (S-02-07). Projects that are identified for bond funding will then be reported to the public via this Bond Accountability Website. Additional information on this and other DWR grant programs will be available on the Department of Water Resources website.
Projects selected for funding under the Delta Water Quality Grant program are required to spend grant funds according to the approved project scope and budget. DWR requires quarterly progress reports for all projects and conducts site visits during construction for each development project. Payment requests must include a certification by the grantee that each expense complies with requirements outlined in the grant agreement. Grantees must also submit supporting documentation for each expense, with reimbursements approved only for eligible expenses pursuant to program guidelines and contained within the approved project budget.
The project manager is responsible for monitoring projects and authorizing payments. Invoices will be approved for contractors and sub-contractors only after all requirements are met. All invoices will be entered and tracked through the BMS. The project manager will maintain regular communication with those who are processing payments to ensure that responsibilities are coordinated. Although it is unlikely that multiple source funding would be used for a project, DWR would track each of those funding sources through the BMS. DWR will report at least semi-annually to the Department of Finance with updates to this website.
All projects funded under the Delta Water Quality Grant program are required to submit a post-implementation report. This report will contain records of expenditures, a comparison of the projected benefits versus the actual benefits, a discussion of problems that occurred, and other information. All projects will receive a close-out inspection conducted by DWR at the time the project is complete and prior to releasing final grant funds. The purpose of the close-out field inspection is to verify the facilities constructed and/or actions implemented match those proposed under the grant process and are capable of providing the benefits they were designed to deliver. All project components should be completed according to program guidelines and the terms of the grant agreement, including project scope and budget.
The draft guidelines outline the recordkeeping responsibilities of grantees in regards to audits. The grantees must maintain all records and documents pertaining to the project for three years. Progress reports must be submitted quarterly that contain sufficient detail to substantiate expenses. As mentioned under In-Progress Accountability, these progress reports will be confirmed by site visits during construction. All grantees must comply with all current laws and regulations which apply to the project and submit documents summarizing total project costs and all funding sources. Prior to the close-out inspection, the grantee must submit any monitoring data that shows the water quality benefits of the project. DWR also withholds up to ten percent of each payment request to be released upon project completion. The Department of Finance will be performing bond oversight audits of bond funds.
Projects within this Program: