On October 19, 2021, the Governor expanded the drought emergency declaration statewide. On February 13, 2023, the Governor reaffirmed drought conditions still exist and the emergency declarations issued in 2021 remain in full force and effect. The State is experiencing critically dry conditions. In 2023, the United States Bureau of Reclamation reduced Central Valley Project water deliveries to 35% for agricultural use and 75% for municipal and industrial uses for north of delta contractors. The dry conditions present urgent problems. The recent precipitation has not yet recharged the groundwater tables. Drinking water supplies are still at risk in many communities. Although our region has received much needed precipitation, drought conditions persist. Staff will continue to monitor the status of drought conditions and will report to this Board with relevant, updated information as it relates to emergency status and the County’s Program.
The State Water Resources Control Board opened a “County-wide and Regional Funding Solicitation.” Counties or eligible partner entities may receive funding to implement regional programs that address drought-related and/or contamination issues for small water systems and domestic wells serving disadvantaged communities and low-income households. The Department of Resource Management applied for funding under the above solicitation. On July 7, 2022, the County received written verification of Grant approval effective July 1, 2022, for the Shasta County Drinking Water Drought Assistance Program in the amount of $2,474,998 from the State Water Resources Control Board, Division of Financial Assistance (email attached). Requests for reimbursement may not be made by the County until after Shasta County has received and agreed to the terms and conditions of the applicable funding agreement from the State. On December 6, 2022, the State provided a draft funding agreement. Staff is currently in discussions with the State.
The grant is also intended to provide water to disadvantaged communities and low-income households that face the loss or contamination of their water supplies. Eligible uses and purposes of the grants include but are not limited to hauled water, installation of individual and community water tanks, bottled water delivery, emergency water interties, new wells and pumps or rehabilitation of existing wells and pumps, and other projects that support immediate drought response.
Once eligibility is approved, the County’s engineering consultant will assess the problem and provide a report of their findings and recommendations to the County. Based upon the engineering consultant’s findings and recommendations, the County may provide appropriate interim and/or long-term solutions to the community or household through the County’s well, pump, water hauling, and bottled water contractors.
The nature of the types of projects that the County envisions being available for assistance under the Program are, in general, unexpected losses of access to water that will require very prompt action. The necessary services will take too much time to procure through the normal competitive bidding process of three to six months or longer. The delays in implementing the program, projects, and services through the normal procurement process would result in a loss of potable water for the affected communities and households.
Public Contract Code section 22050(a)(1) states, “In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.” Because this program is State funded and involves work paid for out of public funds, the Labor Code and Public Contract Code applicable to public works emergency contracts apply even for work done on private property. A report of work done on the Program is attached as Exhibit A to the Resolution.
The resolution also addresses CEQA requirements. Cal Code Regs. tit. 14 § 15269 (CEQA exemption 15269) states that certain “emergency projects are exempt from the requirements of CEQA,” including but not limited to emergency repairs in these types of circumstances where it is necessary to maintain a service that is essential to the public health, safety or welfare. “Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency.” (CEQA exemption 15269(b).) CEQA exemption 15269(c) also provides that actions necessary to prevent or mitigate an emergency are exempt from CEQA. The projects and program referenced by the resolution constitute an emergency project that is exempt from the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, §§ 21000, et seq. and Title 14 of the California Code of Regulations, §§ 15000 et seq. (“State CEQA Guidelines”)), pursuant to 14 Cal. Code of Regs. §15269 as an emergency project.