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CENTRAL VALLEY FLOOD PROTECTION BOARD June 19, 2008

CENTRAL VALLEY FLOOD PROTECTION BOARD June 19, 2008. PROPOSED TIER ONE AMENDMENTS TITLE 23 of the California Code of Regulations. Board Action. Approve regulations for submittal to Office of Administrative Law for final approval and publication. Regulations Timeline.

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CENTRAL VALLEY FLOOD PROTECTION BOARD June 19, 2008

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  1. CENTRAL VALLEY FLOOD PROTECTION BOARDJune 19, 2008 PROPOSEDTIER ONE AMENDMENTS TITLE 23of theCalifornia Code of Regulations

  2. Board Action • Approve regulations for submittal to Office of Administrative Law for final approval and publication

  3. Regulations Timeline June 12, 2008: Public stakeholder meeting Sept. 18, 2008: Board considered stakeholder comments Nov. 21, 2008: Board approved regulations for publication in Notice Register Dec. 12, 2008: Notice & Regulations Published; 45- day public comment period begins Jan. 6, 2009: 45-day public comment period expires

  4. Regulations Timeline (cont.) • Staff prepares the following: 1) Summary and responses to comments; 2) Final Statement of Reasons • Return to Board for final approval of regulations • OAL reviews regulations & provides comments

  5. Proposed New Sections • Section 5.1 (Ex Parte Communications) • Section 13.1 (Conduct and Order of Evidentiary Hearing Proceedings) • Section 13.2 (Consent Calendar) • Section 138 (Identification of Limits of Flood Control Works)

  6. Proposed Amendments • Section 1 (Authority) • Section 3 (Intent) • Section 4 (Definitions) • Section 5 (Delegations) • Section 6 (Need for a Permit) • Section 7 (Endorsement by Local Maintaining Agency) • Section 8 (Applications)

  7. Proposed Amendments (cont.) • Section 13 (Hearings) • Section 15 (Bases for Denial of Application) • Section 112, Table 8.1 (Regulated Streams and Non-Permissible Work Periods) • Section 109 (Right of Review of Delegated Authority) • Section 120(a)(5) (Levees) • Section 193, Appendix A (Applications for Encroachment Permits)

  8. Summary of Comments/Changes • One written comment – DWR • Four non-substantial changes made: A) Section 5.1 (ex parte communications): - added language to subsection (a) to clarify potential inconsistency with Water Code section 8578

  9. Summary of Changes (cont.) B) Section 13.1 (Order of Hearings): - added language to subsection (a) to clarify potential inconsistency with Water Code section 8578 C) Appendix A (form application) - added DWR as an endorsing agency - changed construction window from Nov. 15 to July 20 to Nov.1 to July 15

  10. Summary of Changes (cont.) D) Section 112, Table 8.1: - added Elder, Florin, & Unionhouse Creeks - changed boundary description for Morrison Creek - corrected typographical errors

  11. Next Steps • Board approves regulations • Once approved by the Board, final regulations submitted to OAL • If Board wishes to make any changes, additional public comment is required if changes are substantial • OAL has 30 days to approve, deny, or request changes

  12. Questions?

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