California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees

Article 2.4. LEA Grants

Section 18090. Purpose and Scope.

The purpose of the LEA Grant Program is to provide grants to LEAs to carry out the solid waste facilities permit and inspection program.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18090.1. Grant Eligibility.

Grants shall be awarded only to LEAs and regional LEAs that are certified pursuant to Article 2.1 of this Chapter. Eligibility for a grant is dependent on Board approval of final accountings for previously awarded LEA Grants.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18090.2. Grant Award.

(a) The total amount of grants made by the Board pursuant to this article shall not exceed, in any fiscal year, the amount specified by law.

(b) The total grant amount shall be distributed among the applicants on a pro-rata basis with each LEA receiving a Board established base grant, in no event less than $15,000, plus an additional amount based on the population of the jurisdictions served by the LEA and the number of active, permitted solid waste facilities located within those jurisdictions.

(c) Each Regional LEA shall receive a base grant multiplied by the number of counties for which the LEA is responsible, plus an additional amount based on the population of the jurisdictions served by the Regional LEA and the number of active, permitted solid waste facilities located within those jurisdictions.

(d) All population statistics will be obtained through the most current annually revised Department of Finance Report on Population Estimates for California Cities and Counties.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18090.3. Use of LEA Grant Funds.

(a) LEA grant funds shall be used exclusively for the purpose of carrying out the approved solid waste facilities permit and inspection program. Any unauthorized use of LEA grant funds may result in the termination of the grant agreement, repayment of funds and/or return of all unused portions of the grant to the Board.

(b) Any unused portions of an LEA grant awarded pursuant to this article for a designated fiscal year shall be returned to the Board.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18091.1. Grant Application.

(a) Applications for LEA grants will be accepted by mail during the time period specified in the application package. Applications sent by facsimile transmission or hand-delivered applications will not be accepted.

(b) An LEA or Regional LEA that is eligible for a grant award pursuant to Section 18090.1 of this Chapter, shall submit a grant application to the Board. The purpose of the grant application is to identify the local agency positions authorized to administer the grant program and to provide the Board the basis on which to evaluate appropriate grant use. The grant application shall include the following:

(1) A Statement of Use describing the program's goals or objectives and stating how the grant funds will be used to implement the program;

(2) A Budget Report listing all proposed grant expenditures, which may include the cost of staffing, third party contracts, training, travel and purchase of equipment or materials; and

(3) A certified copy of an approved resolution from each applicant's governing body authorizing submittal of the application and identifying the position of the individual who is authorized to execute all agreements and other documents necessary to carry out the program.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18092. Review of Grant Application.

(a) Board staff shall review each grant application to verify that it is complete and satisfies the criteria contained within Section 18091.1 of this Chapter.

(b) Board staff may request additional information related to the grant application required pursuant to Section 18091.1 of this Chapter. The applicant will have ten (10) working days, or an additional time period specified by Board staff to submit the requested information.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18093. Grant Requirements.

(a) The grant recipient and the Board shall enter into a written grant agreement that defines the grant term; contains a description of the approved program; and ensures compliance with the conditions specified in this Article.

(b) The grant recipient shall submit a final report on or before one hundred-twenty (120) days following completion of the grant cycle. The report shall include any amendments to the grant program; provide a description of the implementation of the program; and, provide detailed expenditure information that enables the Board to determine the specific use of all grant funds.

(c) Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18093.1. Payment of Grant Funds.

(a) Grants will be awarded annually each year subject to the availability of funds.

(b) Grant recipients will be advanced ninety percent (90%) of their grant funds. All grant funds must be placed in an interest-bearing account with a fully insured financial institution. The grantee shall track interest accrued on the advance payment. Interest earned from the account shall be used only for eligible grant related expenses or returned to the Board.

(c) The Board will withhold ten percent (10%) of the total grant funds until satisfactory completion of the project and approval of grantee's final report and payment request.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.


Section 18094. Auditing.

(a) The Board, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant. Grant recipients shall maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of records retention is stipulated, or until resolution of issues which may arise as a result of any audit, litigation, or claim negotiation.

(b) Grant recipients shall maintain an accounting system which utilizes generally accepted accounting principles and practices. In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.

Note:

Authority cited: Sections 43231, Public Resources Code.
Reference: Sections 43230 and 43232, Public Resources Code.

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