Somach Simmons & Dunn : Environmental Law & Policy Alerts

• HMP: An eligible HMP project must be consistent with the local agency’s Five-Year Plan and should demonstrate consistency with DWR’s overall objective to increase all Delta levees to HMP status. In addition, the applicant must provide proof that the successful construction of the flood protection facility will meet HMP standards. These projects will be ranked based on the size of the protected geographic area, extent of life and safety protection and likelihood that the project will be completed in the current construction season. Selected projects will receive a State cost-share between 90%-95%, and additional funds may be available under enhanced cost sharing if a project achieves significant contribution to specific public purposes.

•    PL 84-99: An eligible Delta Specific PL 84-99 project must raise the entire length of the levee’s elevation to PL 84-99 criteria and include a financial plan demonstrating that PL 84-99 compliance will be completed by fiscal year 2015-2016. These projects will be ranked based on several criteria, including life and safety protection, infrastructure protection (highway, emergency, local assets, and water conveyance and supply reliability), Delta water quality protection, the extent to which the project meets Water Code section 12314’s “no net loss” and “net enhancement” habitat goals, the completeness of the project description and plan to obtain the required permits, and the availability of cost-sharing partnerships. The State cost-share for selected projects will be based on three steps: (1) the base State share is set at 50% (however, non-participation by third-party beneficiaries may reduce the cost-share amount); (2) the alternative State share may increase the State’s participation up to 90% based on the local agency’s Local Agency Benefits Assessment; and (3) the enhanced State share may increase the State’s participation to 95% overall if a project achieves significant contribution to specific public purposes.

•    Habitat Projects: Habitat projects must establish a habitat mitigation area of greater than 50 acres. Further, projects should restore habitat on a large scale to benefit the Delta and Suisun Marsh ecosystems consistent with the net habitat improvement mandate. Projects should also mitigate adverse habitat impacts of multi-benefit levee projects or otherwise support Delta-wide restoration priorities. Projects will be evaluated according to their consistency with the habitat-specific eligibility criteria and objectives of DWR and the Department of Fish and Game (DFG), the likelihood of ecological success, Delta-wide habitat goals, and the likelihood of project completion. Priority will be given to projects that meet the criteria and provide habitat for Delta smelt and other native fish species as well as to local agencies that demonstrate they communicated their project intentions to DFG. Habitat projects consistent with the interagency cooperative mitigation banking program for Delta levees may receive an increased cost share of 45% over base funding. Such cost sharing may also be available to multi-benefit levee habitat restoration projects undertaken through the Delta Levees program or projects that otherwise support Delta-wide restoration priorities.

•    Delta Aqueducts: Eligible aqueduct projects must reinforce levees that have the highest potential to suffer breaches or failure and cause harm to municipal and industrial water supply aqueducts that cross the Delta. These projects will be ranked based on levee proximity to the aqueduct (priority will be given to the reinforcement of levees close to the aqueduct, continuing out up to 1,000 feet from the aqueduct) and the PL 84-99 ranking criteria. The State’s cost share will be based on the level of protection achieved (either HMP or PL 84-99) and determined in accordance with the respective cost-share amounts for each level of protection.