Agenda Item 6 (Committee Item G) June 9, 2008

1. Agenda Item 6 (Committee Item G) June 9, 2008   Consideration Of The Scoring Criteria And Evaluation Process For The Farm And Ranch Solid Waste Cleanup And Abatement Grant Program (Farm And Ranch Cleanup Account, FYs 2008/09 And 2009/10)

2. Farm And Ranch Grant Program • Scoring Criteria and Evaluation Process • Incorporates Board approved general policies for all competitive grant programs and program specific aspects. • Current process approved June 2006 and reflected in application materials posted: www.ciwmb.ca.gov/LEACentral/GrantsLoans/FarmRanch/. • Recommended changes through June 2010 include: • Minor revisions to the Grant Scoring Criteria (Attachment 1). • Reduce number of grant cycles each year from four to three. • Revise Affidavit for more information where property owners were aware of the waste when the property was purchased. • Additional discussion on Reimbursement Grants and Master Agreements (no changes recommended). Agenda Item 6/G June 9, 2008  

3. Recommended Changes to Affidavit • Affidavit (CIWMB 689 Rev 10/07) • Requires property owner to sign and notarize under penalty of perjury access for cleanup and declaration he/she (or prior owner if inherited) did not authorize, nor was responsible for the illegal dumping. • Potential concerns over “unjust enrichment” of owners when property purchased knowing waste was there. Agenda Item 6/G June 9, 2008  

4. Recommended Changes to Affidavit • Revised Affidavit to address potential “unjust enrichment”: • Requires owner to declare if he/she was aware of the waste at the time of purchase of the property. • If yes to #1, requires owner to declare if he/she negotiated a reduced price for the property based on the presence of the waste. • If yes to #2, requires owner to explain the public benefit of a cleanup grant that would not unjustly benefit the owner. Such applications would be considered by Board on a case-by-case basis. Examples where grant recommendation may be appropriate if yes to #2 include, but are not limited to: publicly owned properties maintained for public benefit; private owner verifies prior expenditures he/she has incurred (not to be reimbursed) for cleanup of the waste greater than the negotiated discount.

5. Farm And Ranch Grant Program • Reimbursement Grants • 14 CCR 17994.2 allows farm or ranch property owner to be reimbursed for prior eligible cleanup costs they incur. • Allowed only if funds are available after non-reimbursement grants awarded; <10% of grant funds used for this purpose. • Property owners must have documentation to verify costs (contract labor, equipment rental, and transportation and disposal). • Stakeholders convey continued need for this flexibility as leverage to gain prompt cleanup actions by property owners. No changes in criteria are recommended. Agenda Item 6/G June 9, 2008  

6. Farm And Ranch Grant Program • Master Agreements • Master agreements would reduce the administrative burden on applicants and potentially lead to more timely and cost-effective illegal dumping cleanup and prevention. • Recommend based on Imperial County Pilot Project to consider in future incorporating master agreements as ongoing part of the program. Agenda Item 6/G June 9, 2008  

7. Agenda Item 6 (Committee Item G) June 9, 2008   Recommend approval of the Scoring Criteria And Evaluation Process for the Farm And Ranch Solid Waste Cleanup And Abatement Grant Program (Farm And Ranch Cleanup Account, FYs 2008/09 And 2009/10) and adoption of Resolution No. 2008-102