23 CA ADC § 370.01


      23 CCR s 370.01

      Cal. Admin. Code tit. 23, s 370.01


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 2. DEPARTMENT OF WATER RESOURCES
      CHAPTER 1.6. RELOCATION ASSISTANCE PROGRAM
      ARTICLE 1. GENERAL
      This database is current through 05/26/06, Register 2006, No. 21. 

      s 370.01. Relocation Plans.

      (a) General. Prior to the undertaking of a project, the Department shall 
      prepare a Relocation Plan, based upon a survey and analysis of both the 
      housing needs of the affected displaced persons and the available 
      replacement housing, which will assure that, within a reasonable period of 
      time, prior to displacement, to the extent that it can be reasonably 
      accomplished, there will be available in areas not generally less 
      desirable in regard to public utilities and public and commercial 
      facilities, and at rents or prices within the financial means of the 
      families and individuals displaced, decent, safe and sanitary dwellings, 
      equal in number to the number of, and available to, such displaced persons 
      who require such dwellings and reasonably accessible to their place of 
      employment.

      (1) All persons to be displaced, any relocation committee formed of 
      persons displaced, and representatives of affected governmental agencies, 
      and members of the community who notify the Department of their interest 
      shall be given the opportunity and should be encouraged fully and 
      meaningfully to participate in reviewing the Relocation Plan and 
      monitoring the relocation assistance program of a particular project. As 
      to projects involving substantial displacements, the Department shall 
      encourage the formation of a relocation committee consisting of 
      representatives of the residents and interested community organizations in 
      the displacement area and affected displaced persons.

      (2) The term "undertaking a project," for purposes of this section, shall 
      mean the date the Director authorizes the acquisition or the initiation of 
      negotiations for the acquisition of the affected ownership(s).

      (3) The approval of the Relocation Plan vests in the Director as head of 
      the State Agency.

      (4) When determining a displacee's financial ability to afford replacement 
      housing, replacement housing payments, and rental rates after acquisition, 
      the displacee shall provide a written statement as to his gross income 
      which will be updated annually or as necessary. Failure to provide such 
      written statement shall require the Department to make determinations on 
      the best data known and available to them.

      (b) When considering the availability of replacement housing, the 
      Department shall adjust the available housing inventory in the replacement 
      area, if necessary, by excluding:

      (1) Those units which do not meet the test of being decent, safe, and 
      sanitary units;

      (2) Uncompleted new construction or rehabilitation which are not likely to 
      be available at the time of displacement;

      (3) Those units considered by the Department to be turnover in the 
      replacement area;

      (4) Subsidized publicly owned housing which will not reasonably be 
      available to the displacees at the time of displacement.

      (c) Each Relocation Plan shall provide a statement as to the need for last 
      resort housing. In the event of a reasonably anticipated need for such 
      housing, an estimate of the cost, including overhead, will be included as 
      a separate amount.


      Note: Authority cited: Section 7267.8, Government Code. Reference: Section 
      7268, Government Code. 


       HISTORY 
         
      1. Editorial correction of section number (Register 80, No. 22).
      23 CA ADC s 370.01

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com