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<br />8A <br />Page 5 <br /> <br />Eligible uses include water treatment facilities, replacement of aging infrastructure, planning <br />studies, consolidation of water systems, and source water protection. Ineligible uses include <br />dams or rehab of dams. O&M costs and projects mainly for fire protection. <br /> <br />Universal pre-applications for federal stimulus loans and grants through the SDWSRF are DUE <br />FEB. 27. 2009. <br /> <br />Please visit the Department of Public Health's Web site at <br />htto://www.cdoh.ca.gov/services/fundinalDocuments/EconomicRecovervFundslnformationAttach <br />ment.odf for more information on the SDWSRF loans and grants. <br /> <br />The New Law Could Mean Faster State Mandate Reimbursement <br /> <br />The city of Newport Beach continues negotiating with the Department of Finance (OOF) over the <br />costs imposed by the Firefighters Procedural Bill of Rights Act (AB 220) <br />(htto:/Ict2k2.caoitoltrack.comf07/BiIIs/asmJab 0201-02501ab 220 bill 20071013 chaotered.odf) <br />under the authority of a recent law designed to bypass the current lengthy mandate claim <br />process. Results could pave the way for cities to receive faster claim processing and <br />reimbursements on other unfunded mandates. <br /> <br />Newport Beach's efforts follow the passage of AS 1222 <br />(htto:/Ict2k2.caoitoltrack.comJ07/Bills/asm/ab 1201-1250/ab 1222 bill 20071008 chaotered.odf) <br />in 2007, which provides cities with an alternative "legislative determined mandate" (LDM) method <br />to the current lengthy and extensive administrative "test claim" process, which often takes up to <br />six years to deliver results. <br /> <br />LDM allows a local agency, or statewide associations representing local governments, to enter <br />into discussions with the OOF on statutes and executive orders to negotiate and jointly deveJop a <br />proposed amount of reimbursement, and submit it to the legislature for its approval. If the <br />Legislature determines that local governments are entitled to reimbursement, it adopts the <br />proposed methodology, and appropriates funds or suspends the operation of the program. Most <br />significantly, notification of the State Mandates Commission of an agreement pursuing an LDM <br />also suspends the statute of limitations for the filing of a test claim. By statute, the test claims <br />must be filed within one-year after the mandate becomes effective, or costs are first incurred. If a <br />test claim succeeds, it qualifies alllocel agencies with costs in the same area to seek <br />reimbursement. <br /> <br />Cities that do not individually file for test claims often don't know they can claim the costs of new <br />state mandated programs until the test claim is approved, or may not have the records and <br />documentation needed to file claims for the prior years. Consequently, by the time a reimbursable <br />mandate is identified! the cost for delivering the program locally for the first year may not be <br />reimbursable for many cities. LDM's would provide cities with the opportunity to recover their cost <br />going back to the first day the mandate becomes effective, or costs are first incurred. <br /> <br />Another key provision of AS 1222 is that local agencies are no longer required to maintain and <br />submit detailed actual time records to support their mandated cost claims. Instead, a formula or <br />simplified method consisting of unit time or costs called a reasonable reimbursement <br />methodology (RRM) is available. <br /> <br />Newport Beach has been utilizing the resources of the League and California State Association of <br />Counties (CSAC) joint advisory committee on state mandates, the I&SB 90 Advisory Committee." <br />Named after 58 90 of 1972, instituting the principle of the state reimbursing local governments for <br />mandates, the advisory committee has been assisting the cities and counties for nearly 20 years <br />with Identifying new mandates that are eligible for reimbursement, and provides technical <br />assistance to cities with filing test claims with the State Mandates Commission. <br /> <br />At a time when cities feel the pain of declining revenues, following the City of Newport Beach's <br />steps and pursuing the LDM option to identify unfunded mandates could mean getting faster <br />results and reimbursement. The League is strongly encouraging your city to closely look and <br />identify programs mandated by statutes, executive orders, and regulations that may be eligible for <br /> <br />5 <br />