Kingsburg City Council
January 19, 2022

AGENDA

KINGSBURG CITY COUNCIL
REGULAR MEETING Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburg-ca.gov
THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.

Wednesday, January 19, 2022 at 6pm
Invocation to be given by Police Chaplain Cathleen Lawler followed by the Pledge of Allegiance led by Mayor Laura North
6 P.M. REGULAR SESSION MEETING:

1. Call to Order and Roll Call

2. Approve Agenda: Action by the Council to approve the agenda or to make modifications. Items that can be added to the agenda is constrained by State law.

3. Presentations:

3.1 Pinning and Swearing In of Police Department Employees Police Officer - Monique Gonzales
Police Officer - Alexis Ramirez
Sponsor: Police Department

4. Public Comments: This is the time for any citizen to come forward and address the City Council on any issue within its jurisdiction that is not listed on the Agenda. A maximum of five (5) minutes is allowed for each speaker.

5. Consent Calendar: Items considered routine in nature are to be placed on the Consent Calendar.

They will be considered as one item and voted upon in one vote unless individual consideration is requested. Each vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Approval of the Consent Calendar items include recitals reading ordinance(s) by titles(s) only and adoption of recommended action(s) contained in Staff Reports.

City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
Phone (559)897-5821 Fax (559)897-5568
Mayor Laura North
Mayor Pro Tem Vince Palomar
Council Member Michelle Roman
Council Member Jewel Hurtado
Council Member Brandon Pursell, Jr.

City Manager Alexander J. Henderson
Kingsburg City Council Agenda
January 19, 2022

5.1 Approval of City Council Minutes: Approve the minutes from the January 5, 2022 Regular City Council Meeting as prepared by City Clerk Abigail Palsgaard.

Sponsor: City Clerk’s Office

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period December 23, 2021 through January 10, 2022 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

5.3 Adopt Resolution No. 2022-008 approving the final map for Tract 5073 accepting on behalf of the public the streets and easements as offered on the map in accordance with the terms of the dedications and authorize the City Manager to execute the Subdivision Agreement on behalf of the City, subject to review as to form by the City Attorney. -Staff Report by City Engineer Dave Peters
Sponsor: Engineering Department

5.4 Kingsburg Chamber of Commerce Annual Dinner Awards:
* Citizen of the Year Award – Adopt Resolution No. 2022-001 * Junior Citizen of the Year Award – Adopt Resolution No. 2022-002 * Educator of the Year Award – Adopt Resolution No. 2022-003 * Public Safety Officer of the Year Award – Adopt Resolution No. 2022-004 * Business of the Year Award – Adopt Resolution No. 2022-005 * Agribusiness of the Year Award– Adopt Resolution No. 2022-007 *Note: Resolutions are not included in order to maintain anonymity until Awards are presented at the Chamber Dinner on January 27, 2022 and will be available to the public on January 28, 2022

6. Regular Calendar

6.1 Consider Adoption of an Urgency Ordinance NO. 2022-01 to amend Chapter 8.12, SOLID WASTE COLLECTION AND/OR DISPOSAL in its entirety of the Kingsburg Municipal Code for Organic Waste Collection and Disposal Per Senate Bill (SB) 1383- Staff Report by Public Works Director Daniel Galvez Sponsor: Public Works
Possible Action(s):
a. Presentation by Public Works Director Daniel Galvez
b. Council Discussion
c. Waive the reading and adopt Urgency Ordinance No. 2022-01 Ordinance NO. 2022-01 amending in its entirety Chapter 8.12, SOLID WASTE COLLECTION AND/OR Disposal of the Kingsburg Municipal Code for Organic Waste Collection and Disposal Per Senate Bill (SB) 1383 and its Regulations relating to Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection and with the following recital constituting reading of the entirety of the Ordinance:
“AN URGENCY ORDINANCE OF THE CITY OF KINGSBURG AMENDING IN ITS ENTIRETY CHAPTER 8.12 OF TITLE 8 OF THE KINGSBURG MUNICIPAL CODE TO IMPLEMENT THE REGULATIONS OF SB 1383, THE SHORT-LIVED CLIMATE POLLUTION REDUCTION ACT OF 2016” Kingsburg City Council Agenda
January 19, 2022

6.2 SB 1383 Local Assistance Grant Program- Staff Report by Public Works Director Daniel Galvez
Sponsor: Public Works
Possible Action(s):
a. Presentation by Public Works Director Daniel Galvez
b. Council Discussion
c. Action as Deemed Necessary

6.3 American Rescue Plan Funding – Final Rule Update- Presentation by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Possible Action(s):
a. Presentation by City Manager Alexander Henderson
b. Council Discussion
c. Action as Deemed Necessary

6.4 South Kings GSA Developer Impact Fee Study- Staff Report by City Engineer Dave Peters
Sponsor: Engineering Department
Possible Action(s):
a. Presentation by City Engineer Dave Peters
b. Council Discussion
c. Action as Deemed Necessary

6.5 Crime Statistics Report for the Month of December 2021 and General Police Department Update- Crime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.

Sponsor: Police Department
Possible Action(s):
a. Presentation by Police Chief Neil Dadian
b. Council Discussion
c. Informational- No Action Necessary

7. Council Reports and Staff Communications

7.1 Community Services Commission

7.2 Public Safety Committee

7.3 Chamber of Commerce

7.4 Economic Development

7.5 Finance Committee

7.6 Planning Commission

7.7 South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)

7.8 Downtown Business Improvement District

7.9 Council of Governments

7.10 Council Member Reports

7.11 City Manager’s Report
-Save the date: 1/27/2022 Chamber Dinner
-Save the date: 2/4/2022 Blossom Trail Opening Ceremony in Fowler Kingsburg City Council Agenda
January 19, 2022

8. Future Agenda Items:

None

9. Adjourn Regular Kingsburg City Council Meeting.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the City Clerk’s office, during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.cityofkingsburg-ca.gov.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (559) 897-6520. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II].

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 14th day of January 2022.
____________________________________
Abigail Palsgaard, City Clerk

MINUTES

KINGSBURG CITY COUNCIL

REGULAR MEETING
WEDNESDAY, JANUARY 5, 2022 – 6:00 P.M.

THE COUNCIL CHAMBER WAS OPEN TO THE PUBLIC AT 100% CAPACITY.

Invocation was given by Pastor Grant Thiessen, The Landing, followed by the Pledge of Allegiance led by Mayor Laura North.
6 P.M. REGULAR SESSION MEETING:

Call to Order and Roll Call: At 6:04 P. M. Mayor Laura North called the Regular Meeting of the Kingsburg City Council to order.

Council Members Present- Vince Palomar, Brandon Pursell, Jr., Michelle Roman, and Mayor Laura North.

Council Member(s) absent: Jewel Hurtado.

Staff Present: City Manager Alexander Henderson, City Attorney Michael Noland, Finance Director Alma Colado, Community Services Director Adam Castaneda, Administrative Services Director Christina Windover, Public Works Superintendent Daniel Galvez, Police Chief Neil Dadian, and City Clerk Abigail Palsgaard.

Approve Agenda: Action by the Council to approve the agenda or to make modifications. Items that can be added to the agenda is constrained by State law. A motion was made by Council Member Palomar, seconded by Council Member Pursell, Jr., to approve the Agenda, as published. The motion carried by unanimous voice vote of those Council Members present.

PRESENTATIONS:

Pinning and Swearing-In of Police Department Employees
Police Chief Neil Dadian conducted the Swearing-In ceremony for Police Officer Miguel Guzman and Reserve Police Officer Ben Lin Fan, followed by the Badge Pinning Ceremony.

Sponsor: Police Department
Public Comments: None
Consent Calendar: Items considered routine in nature are to be placed on the Consent Calendar. They will be considered as one item and voted upon in one vote unless individual consideration is requested.

Each vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Approval of the Consent Calendar items include recitals reading ordinance(s) by titles(s) only and adoption of recommended action(s) contained in Staff Reports. A motion was made by Council Member Roman, seconded by Council Member Palomar, to approve the items appearing on the Consent Calendar. The motion carried by unanimous voice vote of those Council Members present.

5.1 Approval of City Council Minutes: Approve the minutes from the December 15, 2021, Regular City Council Meeting as prepared by City Clerk Abigail Palsgaard.

Kingsburg City Council Minutes
January 5, 2022
Sponsor: City Clerk’s Office

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period December 9, 2021, through December 22, 2021 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

5.3 Approve the Claim filed by Patricia Perez for her claim filed on November 3, 2021, for $153.28 and the Claim filed by her insurance State Farm for $7,697.50-Staff Report by City Clerk Abigail Palsgaard.

Sponsor: City Clerk

5.4 Approve Kingsburg Police Officer Association 2022-2024 Memorandum of Understanding. - Staff Report by Administrative Services Director Christina Windover.

Sponsor: Administrative Services

5.5 Approve Kingsburg Public Service Employees Association 2022-2024 Memorandum of Understanding. - Staff Report by Administrative Services Director Christina Windover.

Sponsor: Administrative Services

5.6 Approve the Salary Chart Effective January 1, 2022- Staff Report by Administrative Services Director Christina Windover.

Sponsor: Administrative Services

REGULAR CALENDAR
2019-2020 GFOA CAFR Award- Staff Report by Finance Director Alma Colado Sponsor: Finance Department
City Manager Alexander Henderson made the presentation. This is the 5th year in a row of receiving this award. Council thanked Finance Director Colado and staff for their hard work on this.

Informational- No Action Necessary
Clean California Local Grant Program Discussion- Staff report by Community Services Director Adam Castaneda
Sponsor: Community Service Department
Presentation by Community Services Director Adam Castaneda – Mr. Castaneda explained that the grant’s intent is to reduce waste and debris in the public right-of-way, enhance public health by improving public spaces, and advance equity for under-served communities. Mr. Castaneda went over 6 areas that would qualify for the grant. Staff is looking for recommendation for projects moving forward. Caltrans right-of-way was discussed. Council Member Roman said that there is another grant for beautifying of underpasses. Mayor North stated that her priority is Memorial Park Bathrooms and the Bandshell, and underpasses. Council Member Pursell stated that Memorial Park and shade structures would be his recommendation. Council Member Palomar said his constituents have requested shade structures. Shade structures are a priority for him. Mayor North said that she Kingsburg City Council Minutes
January 5, 2022
likes the art murals and discussed it being a BID project. She stated that the direction is for Memorial Park and shade structures.

COUNCIL REPORTS AND STAFF COMMUNICATIONS
Community Services Commission – Mayor North reported that it has not met.

Public Safety Committee – Council Member Palomar reported that it has not met.

Chamber of Commerce – Council Member Pursell, Jr. reported on the Annual Awards Dinner to be held on January 27th.

Economic Development – Council Member Roman reported that they met and discussed the sports complex and are looking for grants. They also talked about and approved the small art murals in the downtown area project. She updated Council on the progress of the Roadhouse project.

Finance Committee – Council Member Pursell, Jr. reported that they have not met.

Planning Commission – Mayor North reported that they are meeting next week.

South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA) – City Manager Alexander Henderson reported that they have not met.

Downtown Business Improvement District- Council Member Roman reported they met and discussed downtown Christmas trees, hiring the trolley for upcoming events, going out to bid for a photographer, and the downtown murals. The BID approved the Mural Project.

Council of Governments – Council Member Roman reported that they have not met.

Council Member Reports – Council Member Roman reported that she had toured the T-Mobile site with Supervisor Buddy Mendes.

City Manager’s Report – City Manager Alexander Henderson spoke about a Joint Meeting with City Council and the Planning Commission related to housing allocations. He updated Council on the Swedish Mill project, stating that graffiti was painted over today. There may be a local business owner who will enter into a lease agreement with tenant improvements.

FUTURE AGENDA ITEMS:

None
ADJOURN – At 6:43 P. M. the Kingsburg City Council Regular Meeting was adjourned out of the Regular Calendar into Closed Session to discuss the following item(s):

9.1 Public Employment: California Government Code Section 54957 Title: City Manager
Adjourn out of Closed Session into Regular Kingsburg City Council Meeting and report out of Closed Session - 7:10 P. M.

Kingsburg City Council Minutes
January 5, 2022
Report Out of Closed Session – City Attorney Michael Noland reported that during Closed Session the City Council agreed upon a 4th Amendment to the City Manager’s Agreement, that the City Manager receive a Merit Bonus of $10,000.

Adjourn Regular Kingsburg City Council Meeting. At 7:10 P. M. the Regular Kingsburg City Council Meeting was adjourned.

Submitted by:
____________________________________
Abigail Palsgaard, City Clerk, City of Kingsburg
Accounts Payable
User:

Printed:
marshaa
1/11/2022 4:05 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 3231 ICMA RETIREMENT CORPORATION - WIRE 12/31/2021 1,362.50 ACH 3470 Internal Revenue Service - ACH 12/31/2021 49,381.22 ACH 3471 Employment Development Department - ACH12/31/2021 9,189.71 ACH 3472 CalPERS - ACH 12/31/2021 41,684.03
ACH 3475 Empower 12/31/2021 3,480.23
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 12/31/2021 240.46 ACH 3526 Public Employees Retirement System 457 Plan-Deferred Comp - ACH 12/31/2021 309.43 Total for 12/31/2021: 105,647.58
80664 3005 AFLAC 01/07/2022 863.54
80665 3006 AIRGAS NCN 01/07/2022 1,003.41
80666 3565 AMAZON CAPITAL SERVICES 01/07/2022 1,156.67
80667 3891 AMERICAN BUSINESS MACHINES 01/07/2022 15.00
80668 4307 AT & T MOBILITY 01/07/2022 881.20
80669 3029 AT&T CALNET 3 01/07/2022 687.60
80670 3030 AT&T MOBILITY 01/07/2022 925.52
80671 3054 BSK ASSOCIATES 01/07/2022 859.00
80672 3057 CALIFORNIA BUILDING STANDARDS 01/07/2022 558.00 80673 4605 & TAX ASSOCIATION CALIFORNIA MUNICIPAL REVENUE 01/07/2022 150.00 80674 4429 CANON FINANCIAL SERVICES, INC 01/07/2022 2,253.47 80675 3067 CARDMEMBER SERVICE 01/07/2022 8,160.12
80676 3068 BARBARA CARPENTER 01/07/2022 1,006.00
80677 3069 CASCADE FIRE EQUIPMENT 01/07/2022 3,028.62
80678 3831 ADAM CASTANEDA 01/07/2022 35.00
80679 3074 CENTRAL SANITARY SUPPLY 01/07/2022 379.31
80680 3079 CENTRAL VALLEY SWEEPING, INC. 01/07/2022 18,030.00 80681 3918 CINTAS 01/07/2022 1,267.30
80682 3134 CSJVRMA 01/07/2022 144,654.00
80683 4618 DAVID KNOTT INC. 01/07/2022 1,824.43
80684 4616 JENNIFER DELINGER 01/07/2022 3,450.00
80685 4612 DELL MARKETING LP 01/07/2022 2.00
80686 3144 DEPARTMENT OF CONSERVATION 01/07/2022 1,490.59 80687 3853 ATTN: GEMT PROG STACY FOX DHCS-SAFETY NET 01/07/2022 27,985.65 80688 4601 DIAMOND PAVING 01/07/2022 1,734.49
80689 4021 DOLLAR TREE STORES INC 01/07/2022 1,528.05
80690 3152 E C N POLYGRAPH & INVEST 01/07/2022 200.00
80691 4229 EBA&M CORPORATION 01/07/2022 30.00
80692 4554 ECS Imaging, Inc. 01/07/2022 24,420.00
80693 4615 EMERALD TEXTILES SERVICES 01/07/2022 308.92
80694 3158 ENER POWER 01/07/2022 8,167.00
80695 3907 EVANS ENERGY 01/07/2022 54.00
80696 4193 FIRST IN SAFETY 01/07/2022 3,594.43
80697 4609 FIVE CREATIVE GROUP 01/07/2022 11,200.00
80698 3184 FRESNO CITY COLLEGE-Business Office 01/07/2022 61.00 80699 3633 FRESNO COUNTY FIRE PROTECTION DISTRICT 01/07/2022 2,314.70 80700 3198 FRESNO TRUCK CENTER 01/07/2022 927.51
AP Checks by Date - Summary by Check Date (1/11/2022 4:05 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
80701 3201 ALFREDO FUENTES 01/07/2022 17.00
80702 4508 GEMT QAF,Accounting Section/ 01/07/2022 22,525.08 80703 3206 GLACIER REFRIGERATION AND AIR 01/07/2022 798.21 80704 3994 GUARDIAN 01/07/2022 7,444.79
80705 3219 HEALTHWISE SERVICES 01/07/2022 150.00
80706 3222 HENRY SCHEIN, INC. 01/07/2022 1,003.26
80707 4607 HENSON GENERAL ENGINEERING, INC.01/07/2022 1,585.59 80708 4585 ISIDRO HERRERA 01/07/2022 180.00
80709 3224 HI-TECH EMERGENCY VEHICLE SVC 01/07/2022 106.02 80710 3225 HOME DEPOT CREDIT SERVICES 01/07/2022 108.44 80711 3999 IRON MOUNTAIN 01/07/2022 75.72
80712 4613 J C MELTON AIR CONDITIONING 01/07/2022 467.00 80713 3534 JACK'S REFRIGERATION, INC. 01/07/2022 1,070.16 80714 4614 JACKSON & ASSOCIATES INSURANCE 01/07/2022 29.00 80715 4555 SCOTT JAECKEL 01/07/2022 280.00
80716 3237 JC'S LAWN SERVICE 01/07/2022 5,000.00
80717 3244 JORGENSEN & CO. 01/07/2022 580.00
80718 3248 KAHN, SOARES & CONWAY, LLP 01/07/2022 5,500.00 80719 3250 KELLER FORD LINCOLN 01/07/2022 347.72
80720 3253 KINGSBURG CHAMBER OF COMMERCE01/07/2022 2,500.00 80721 3625 KINGSBURG MEDIA FOUNDATION 01/07/2022 2,550.00 80722 3267 KULOW BROS. 01/07/2022 101.20
80723 4081 L.N. CURTIS & SONS 01/07/2022 151.65
80724 3277 LINCOLN AQUATICS 01/07/2022 17,243.26
80725 4121 JEFFREY T. LOYD 01/07/2022 75.00
80726 4329 MCI COMM SERVICES 01/07/2022 35.80
80727 3518 METRO UNIFORM 01/07/2022 3,786.49
80728 3293 MID VALLEY DISPOSAL 01/07/2022 112,492.57
80729 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 01/07/2022 1,359.60 80730 3844 NATHAN MOON 01/07/2022 17.00
80731 3466 NAPA AUTO PARTS 01/07/2022 135.72
80732 3305 NATIONAL RECREATION & PARK ASS 01/07/2022 110.00 80733 4611 NATIONAL VETERINARY ASSOCIATES 01/07/2022 729.00 80734 3307 NELSON'S ACE HARDWARE 01/07/2022 769.19
80735 3312 O'REILLY AUTO PARTS 01/07/2022 40.31
80736 3611 HOLLY OWEN 01/07/2022 27.59
80737 3315 P G & E 01/07/2022 39,636.13
80738 3450 ABIGAIL PALSGAARD 01/07/2022 35.00
80739 3326 PITNEY BOWES 01/07/2022 176.33
80740 3327 PITNEY BOWES GLOBAL FINANCIAL SVC'S. LLC 01/07/2022 186.23 80741 3329 POLYACK MARKETING 01/07/2022 3,300.00
80742 3333 PRICE, PAIGE & COMPANY 01/07/2022 27,915.00
80743 4030 PRINT THEORY 01/07/2022 923.61
80744 4596 PROFESSIONAL DEVEOPMENT ACADEMY,LLC 01/07/2022 1,995.00 80745 3334 PROFESSIONAL PRINT & MAIL, INC 01/07/2022 4,177.18 80746 4604 RED HELMET TRAINING 01/07/2022 2,120.00
80747 3359 S&W HEALTHCARE CORP. 01/07/2022 358.78
80748 3363 SAVE MART SUPERMARKETS 01/07/2022 27.04
80749 3537 SECOND CHANCE ANIMAL SHELTER 01/07/2022 1,000.00 80750 3961 SHARP AMBULANCE BILLING 01/07/2022 3,050.88
80751 3368 SIGN RANCH BY ROD'S CUSTOM SIGNS01/07/2022 62.78 80752 3369 SILVAS OIL COMPANY, INC. 01/07/2022 6,468.67 80753 4262 SILVERFOX ELECTRIC, INC. 01/07/2022 626.65
80754 4610 KAYLA SIMON 01/07/2022 75.00
80755 4142 SPARKLETTS 01/07/2022 185.72
80756 4075 SPRINGBROOK NATIONAL USER GROUP01/07/2022 100.00 80757 3378 STAPLES ADVANTAGE 01/07/2022 1,272.42
AP Checks by Date - Summary by Check Date (1/11/2022 4:05 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
80758 3380 STATE OF CALIFORNIA-D O J 01/07/2022 643.00
80759 4028 SUPERIOR POOL CARE 01/07/2022 15,500.00
80760 3389 STATE WATER RESOURCES CONTROL BOARD SWRCB - DWOCP 01/07/2022 10,602.00 80761 3389 STATE WATER RESOURCES CONTROL BOARD SWRCB - DWOCP 01/07/2022 22,248.72 80762 4608 THE CENTRE FOR ORGANIZATION EFFECTIVENESS 01/07/2022 4,225.00 80763 3397 THE GAS COMPANY 01/07/2022 8,658.45
80764 3407 TRANSMISSION'S 01/07/2022 2,566.82
80765 4542 VALLEY EXCAVATION, INC. 01/07/2022 9,496.32
80766 3759 VALLEY POWER SYSTEMS NORTH, INC.01/07/2022 770.15 80767 3416 VERIZONWIRELESS 01/07/2022 1,451.76
80768 3419 VIKING CLEANING SERVICE 01/07/2022 3,500.00
80769 3493 VILLAGE TIRE SALES 01/07/2022 24.00
80770 4301 WATER SYSTEMS OPTIMAZATION, INC.01/07/2022 2,500.00 80771 3469 WECO SUPPLY CO., INC. 01/07/2022 33.48
80772 4606 STEVE WIEST 01/07/2022 250.00
80773 3448 CHRISTINA WINDOVER 01/07/2022 35.00
80774 3430 WONG, ANDY & BETTY 01/07/2022 2,600.00
80775 4391 YOSEMITE FIRE & SECURITY 01/07/2022 18,086.49 80776 4584 DEVIN YOUNG 01/07/2022 330.00
Total for 1/7/2022: 661,812.51
Report Total (120 checks): 767,460.09
AP Checks by Date - Summary by Check Date (1/11/2022 4:05 PM) Page 3

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AP AGENDA ITEM: Final Tract Map 5073
ACTION REQUESTED: ___Ordinance __√_Resolution ___Motion ____Receive/File

EXECUTIVE SUMMARY
The applicant, Nachtar Singh Dhaliwal, is proposing to develop a 39-lot residential subdivision on Kamm Avenue east of 10th Avenue. Prior to beginning the construction of the project, the City Council must approve the final subdivision map and authorize the City Manager to enter into the subdivision agreement.

The applicant has complied with the conditions of approval of the tentative tract map and has paid development fees in accordance with City fee resolutions.

The subdivision is zoned residential, and complies the North Kingsburg Specific Plan and the City’s General Plan.

RECOMMENDED ACTION BY CITY COUNCIL

1. Adopt resolution No. 2022-008 approving the final map for Tract 5073 accepting on behalf of the public the streets and easements as offered on the map in accordance with the terms of the dedications.

2. Authorize the City Manager to execute the Subdivision Agreement on behalf of the City, subject to review as to form by the City Attorney.

POLICY ALTERNATIVE(S)

1. Council could choose to deny approval of the final map if findings could be made that the map is not in substantial conformance with the tentative map or the conditions of approval of the tentative map.

REASON FOR RECOMMENDATION/KEY METRIC

1. Promote Sustainable Growth.

Meeting Date: 01/19/2022
Agenda Item: 5.3

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
Tentative Tract Map 5073 was previously approved by the City Council.

BACKGROUND INFORMATION
The applicant, Nachtar Singh Dhaliwal, is proposing at develop a 39-lot residential subdivision on Kamm Avenue east of 10th Avenue. Prior to beginning the construction of the project, the City Council must approve the final subdivision map and authorize the City Manager to enter into the subdivision agreement. The Council approved the final subdivision map on this property in January of 2019. The map, however, was not recorded due to an ownership change which requires reapproval of the map and subdivision agreement.

The applicant has complied with the conditions of approval of the tentative map. A subdivision agreement has been prepared for the development because the off-site improvements have not yet been constructed. The subdivision agreement requires that the applicant post bonds or instruments of security with the City in order to guarantee the construction of the improvements, which they have done. The subdivision agreement also sets forth the development fees that the applicant must pay the City prior to the delivery of the final map to the County Recorder.

The applicant has submitted the public improvement plans and the final map to the City, which have been reviewed and approved by the City Engineer. The Council must accept the final map unless they can site deficiencies in the final documents.

The applicant has paid development fees as described above and in accordance with City fee resolutions.

These fees will provide for review costs by the City and other capital improvement requirements.

The subdivision is zoned residential, and complies with the North Kingsburg Specific Plan and the City’s General Plan.

ATTACHED INFORMATION

1. Resolution No. 2022-008

2. Final Map 5073

3. Subdivision Agreement
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted?

3. If Budgeted, Which Line?
Recording Requested by: )
)
City of Kingsburg )
)
and When Recorded, Mail to: )
)
City of Kingsburg )
1401 Draper Street )
Kingsburg, CA 93631 )
(Exempt from Recording Fees – Govt Cod Sec. 27383)
RESOLUTION NO. 2022-008

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KINGSBURG
APPROVING TRACT 5073
WHEREAS, the Subdivision Agreement for Tract 5073, has been approved and executed by the developer, Nachtar Singh Dhaliwal; and
WHEREAS, all required City fees have been paid and bonds furnished to guarantee the construction and warranty of the required subdivision improvements; and WHEREAS, the presence of the City Engineer’s and Planning Commission Secretary’s signatures on the final tract map indicates that the final map substantially conforms to the tentative tract map previously approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED:

That the City Council of the City of Kingsburg hereby approves the Final Map for Tract 5073, subject to final approval by the City Engineer, with all conditions which were imposed at the time of approval of the tentative map; and
BE IT FURTHER RESOLVED:

That the City Council of the City of Kingsburg hereby authorizes the City Manager to execute the Subdivision Agreement for Tract 5073, on behalf of the City, subject to review as to form by the City Attorney, and review as to content by the City Engineer. ******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 19th day of January 2022, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Abstain: Councilmembers:

Abigail Palsgaard, City Clerk
City of Kingsburg
21-087FM 07.21.2021
2090 NORTH WINERY AVENUE, FRESNO, CALIFORNIA 93703
(559) 292-4046 * FAX 251-9220 * EMAIL: [email protected] DALE G. MELL

ENGINEERING & SURVEYING SERVICES
& ASSOCIATES
SCALE: 1" = ' D MGNORTH
100
SCALE: 1" = ' D MGNORTH
80 LINE TABLE RADIAL TABLE CURVE TABLE
Sudivision Agreement 5073 rev 1-13-22 Page 1

CITY OF KINGSBURG

SUBDIVISION AGREEMENT
TRACT NO. 5073
THIS SUBDIVISION AGREEMENT ("AGREEMENT") is made and entered into this ____ day of _________, 2022, by and between Nachtar Singh Dhaliwal ("SUBDIVIDER"), and the City of Kingsburg, a Charter City ("CITY").

RECITALS
A. The SUBDIVIDER has presented to the CITY a final map of the proposed subdivision of certain real property located within the city limits of the CITY, and more particularly described in Exhibit "A" which is attached hereto and made a part hereof ("Final Map") and identified as Tract No. 5073 ("Subdivision"). The real property is to be developed pursuant to improvement plans, a copy of which is attached hereto and made a part hereof and identified as Exhibit "B" ("Improvement Plans"). SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon and to otherwise approve the Final Map in order that the same may be recorded as required by law.

B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of the streets and public improvements and easements as delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires and deems as necessary for the public use that any and all streets, public improvements and easements delineated and shown on the Final Map shall be improved by the construction thereof and the installation of the improvements specified in this Agreement.

C. Certain public improvements are required to be made by SUBDIVIDER in accordance with the approved tentative map of the Subdivision and have not yet been completed Section 66462 of the California Government Code provides, as a condition precedent to the approval of the Final Map, that the City shall require the SUBDIVIDER to enter into an agreement to complete said public improvements.

D. Section 16 of the Kingsburg Municipal Code, requires the SUBDIVIDER to enter into an agreement with the CITY to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with Section 16 inclusive of the Kingsburg Municipal Code, which Sections by this reference are incorporated into this Agreement made a part hereof.

NOW THEREFORE, it is hereby agreed as follows:

1. Improvements. SUBDIVIDER shall construct and install all public improvements in the Subdivision as identified in Exhibit "B" of this Agreement (collectively "Improvements") and as specified on the Final Map in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the tentative map of the Subdivision, the Kingsburg Municipal Code, all applicable laws, codes and regulations as determined by the City Engineer and the terms and conditions of this Agreement (collectively “Work”). In accordance with Section 16 of the Kingsburg Municipal Code, all of the Improvements shall be completed no later than twelve (12) months after the recording of the Final Map and commencement of construction.

The SUBDIVIDER shall notify the City Engineer in writing two weeks (14 calendar days) prior to the commencement of construction activities. The City Engineer will then document in writing the beginning of the construction period. Request to extend the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of said twelve (12) month period and shall include facts to support the extension of time for completion as required by the City Engineer. Only the City Council shall have the authority to extend such time period. The extension period shall not exceed three (3) months.

Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required Work has been completed, the City Engineer shall inspect such Work and, if the Work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Kingsburg Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the public improvements are ready for acceptance by the CITY.

2. Inspection. The CITY shall inspect all work in accordance with Section 16 of the Kingsburg Municipal Code, including the SUBDIVIDER'S conformance with the CITY’s standard specifications and any and all applicable conditions, standards or requirements, including, without limitation, all conditions, standards or requirements identified at the preconstruction conference held prior to commencing the Work.

As part of the inspection process, SUBDIVIDER shall retain, at its sole cost and expense, a materials testing company to perform any testing or retesting of the Work as required by the City’s Department of Public Works and/or Building Official. The materials testing firm must be approved by the CITY before any testing or retesting begins. The City's Inspector shall designate the locations for compaction tests, and shall observe all testing procedures. In addition to street areas, compaction testing shall be performed in building pad areas.

The SUBDIVIDER’S Engineer shall check the grade of all streets prior to surfacing and shall, prior to surfacing, provide written confirmation to the City’s Department of Public Works that the street grades conform to the approved grades. In the case of asphalt concrete surfacing, the SUBDIVIDER’S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at the time all surfacing is performed.

SUBDIVIDER shall construct all required improvements in accordance with the applicable improvement plans and specifications. Where concrete curbs and gutters are required and where driveway approaches are not constructed at the time curbs and gutters are constructed, the curb and gutter shall be continuous.

CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIVIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify, in writing, that all corrections have been completed and request a final inspection. Upon finding that all items have been corrected and receipt of as-built improvement plans, the Subdivision shall be placed on the City Council agenda for acceptance.

The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibility of correcting any deficiency not shown on the deficiency list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for improvements constructed after the stated date of

completion, the SUBDIVIDER must pay said additional fees and costs prior to acceptance by the City Council of the improvements.

3. Costs and Fees. The SUBDIVIDER shall be responsible for all costs and expenses associated with the Work, including, without limitation, the costs identified in the Improvement Cost Estimate attached hereto and made a part hereof and identified as Exhibit "C" to this Agreement. SUBDIVIDER agrees to all amounts identified on Exhibit “C” and agrees to pay when due, all amounts identified on Exhibit “C”, including, without limitation, all CITY engineering and inspection fees.

4. Security. SUBDIVIDER agrees to furnish security, which complies with Section 66499 et. seq. of the California Government Code, and in such amounts as are required by the CITY, to guarantee the faithful performance of this Agreement including, without limitation, the construction of the Improvements and completion of the Work, and to guarantee payment to contractors, subcontractors, laborers, material men and other persons involved in the performance of the Work. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may be released in whole or in part in the following manner:
(a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual items of the Improvements and Work, may be released, or the required surety amounts may be reduced, as work is satisfactorily completed and accepted by the CITY.
(b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials, or equipment, may be released if claims including, without limitation, stop notices, have not been filed.
(c) Twenty-Five percent (25%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion for the SUBDIVISION has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than twenty-five percent (25%) of the Improvement Cost Estimate identified in Exhibit "C" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion for the Subdivision.

In accordance with Section 16 of the Kingsburg Municipal Code, the SUBDIVIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are not part of the Improvement Cost Estimate set forth in Exhibit "C".

No final map shall be signed by the City Engineer or recorded until all improvement securities required by Section 16 of the Kingsburg Municipal Code and this Agreement have been received and approved by the CITY. The form of securities shall be one or the combination of forms as approved by the CITY.

5. Liability. As a condition precedent, and prior to commencement of the Work to be performed pursuant to this Agreement, SUBDIVIDER shall furnish the CITY with a certificate of insurance with a separate endorsement evidencing the following insurance coverages:

Commercial and general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Such insurance shall include products/completed operations liability, owners and contractors protective blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents and Peters Engineering Group as additional insureds; and be primary with respect to any insurance or self-insurance programs maintained by the CITY, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors of the SUBDIVIDER, and arising out of or in any way connected with the Work which is the subject of this Agreement. Such policy or policies of insurance shall specifically provide that the CITY shall receive at least thirty (30) days prior to written notice of any cancellation of such policy or policies. Any such notice shall be sent to the attention of the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the Work which is the subject of this Agreement, whether liability is attributable to the SUBDIVIDER or to the passive or active negligence of the CITY. The insurance shall be in effect on the date of this Agreement and shall expire no sooner than one year after the date of recordation of the Notice of Completion for the Subdivision. The cost of providing all required insurance shall be borne solely by the SUBDIVIDER.

All such insurance shall provide coverage for SUBDIVIDER’s obligations of indemnification as set forth in paragraph 6 of this Agreement.

The expiration or proposed cancellation of any such insurance polity or policies, for any reason whatsoever, shall constitute a material breach of this Agreement.

6. Indemnification. SUBDIVIDER hereby agrees to and shall protect, indemnify, defend and hold harmless the CITY and all officials, officers, agent, representatives and employees and Peters Engineering Group from and against any and all liability, loss, claims, expenses, or damages of whatsoever kind or character, including attorneys fees and costs of all types, in any way arising out of, or in any way related, directly or indirectly to the Work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIVIDER, SUBDIVIDER'S independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the CITY or its officials, officers, employees, contractors, representatives, and agents while acting within the scope of their duties and regarding, in any way, the Work to be performed pursuant to this Agreement. These indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there is insurance policies covering the applicable damages, claims, or liability.

This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction of the Improvements and completion of the Work.

SUBDIVIDER agrees that the use of any and all public streets and improvements, which are part of the Subdivision, shall be, at all times prior to the final acceptance by the CITY, the sole and exclusive risk of the SUBDIVIDER.

7. Permits and Compliance. Should SUBDIVIDER be required to perform any Work within any public rights-of-way or easements, which are located beyond the Subdivision limits, including work located adjacent to said subdivision, SUBDIVIDER shall satisfy any and all requirements necessary to obtain an encroachment permit from the CITY or any other agency.

The SUBDIVIDER shall install underground, all gas main services, telephone, cable television, and electrical lines, and all electrical transformers, splice boxes, pull boxes, and other existing facilities providing service to within the limits of this Subdivision.

SUBDIVIDER agrees to make all financial arrangements with Pacific Gas and Electric, Southern California Gas, Comcast Cable, AT&T, and any other applicable utility company, to guarantee the installation of all utilities and services to the Subdivision. Copies of all agreements and written evidence of these financial arrangements shall be furnished to the CITY along with a composite underground utility plan prior to beginning construction of the Improvements related to the subdivision.

SUBDIVIDER shall make arrangements for the relocation of all overhead and underground public utility facilities along the frontages or that interfere with the construction of the Improvements or is required as a condition of approval. The SUBDIVIDER shall be responsible for the full cost of relocating such utilities and facilities.

The SUBDIVIDER shall repair any damage to public streets or other public property or improvements, which results from, or is incidental to, the construction of the Improvements, or in lieu of making such repairs, the SUBDIVIDER shall pay to the CITY the full cost of such repairs.

Building permits for individual lots of the Subdivision will not be issued until all improvements have been constructed and deemed “substantially complete” by the City Engineer.

No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all Improvements are completed and accepted by the City Council.

In accordance with Section 16 of the Kingsburg Municipal Code, construction methods and materials for all Improvements shall conform to the standard plans and specifications of the CITY. Construction shall not commence until required improvements plans have been approved by the City Engineer and payment of all fees have been received by the CITY.

The Improvements shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other applicable codes, rules or regulations of the CITY and the State of California.

The SUBDIVIDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. If in the opinion of the City Engineer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by the City Engineer.

The SUBDIVIDER shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act ("OSHA"). On site inspection of the work will be requested of OSHA officials and all work subject to this Agreement shall immediately stop if, in the opinion of the City Engineer, any such work is being performed in violation of OSHA, or when appropriate safety measures are not being utilized for the Work.

SUBDIVIDER shall be responsible for obtaining an NPDES permit for construction sites in excess of one acre, and shall develop a dust control plan and erosion control plan to mitigate soil migration from the Subdivision. SUBDIVIDER shall be responsible for soil and erosion control throughout the one-year warranty period called for in this Agreement. The SUBDIVIDER shall sweep the streets and alleys within the subdivision periodically throughout the one-year warranty period, at a minimum frequency of once per month.

The SUBDIVIDER and its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the Work, and for any and all work or labor associated therewith and for all amounts due under the worker's compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of California or the United States with respect to such work or labor, including, without limitation, as required by Section 3200 of the California Labor Code and Section 4200 of the California Government Code.

The SUBDIVIDER shall provide and plant one street tree per lot at a location approved by the City’s Building Official. The trees shall be planted at the time the dwelling unit on the lot is occupied and shall be selected from a street tree list provided by the CITY. Trees shall be furnished with root barriers and watered via a City approved irrigation system for each lot.

The SUBDIVIDER shall install streetlights in the Subdivision. A streetlight plan shall be submitted to the City Engineer for review and approval. Streetlights shall be furnished and installed in accordance with CITY, PG&E and Caltrans’ standards. The street lighting system shall become the property of the CITY upon completion and acceptance of the work, without further consideration to SUBDIVIDER. SUBDIVIDER’S contract with PG&E (“PG&E” Contract”) for the furnishing of electrical power to the Subdivision shall specifically state that all streetlights shall become the property of the City. Each street light shall be furnished with an electrical pull box and grounding rod. The SUBDIVIDER shall number the street light poles in accordance with PG&E requirements. The PG&E Contract shall identify a maintenance rate schedule for the streetlights of LS2C. All street light boxes shall be equipped with an approved anti-theft device.

Fencing improvements shall be constructed in accordance with City Standards, with appropriate fencing offsets to be provided for sanitation and garbage collection service to each lot, including allowance for approved number and/or style of garbage cans, green waste, and recycling containers. Fencing improvements shall be constructed in such a manner as to eliminate any dirt strip between the fence and the adjacent alley. Where framing improvements face the alley, the SUBDIVIDER shall construct a concrete mow strip in accordance with City standards between the fence and the alley paving.

The SUBDIVIDER shall furnish to the CITY a set of reproducible as-built plans for all street improvements (“Street Plans”). The Street Plans shall be original ink on vellum or mylar media.

The Street Plans shall include the location of all underground utilities, finished grades for all curb returns and building pads. The SUBDIVIDER'S engineer shall provide a copy of the tract, in digitized format (AutoCad 2021 or equivalent format as approved by the City Engineer) to the City prior to final acceptance of the Improvements and Work by the City.

Prior to commencement of any work within the right-of-way not included in the improvement plans, or any work performed within an existing maintained road, a permit must be obtained from the City Public Works Department. Said permit may, amongst other things, specify alternate schedules for completion of the work within existing rights-of-way. The purpose of these alternate schedules shall be to minimize the impacts on adjacent residents

and traffic during the construction period. The conditions of the permit may require the contractor to provide written notification to the adjacent property owners about the work, including a listing of emergency telephone numbers.

In the event an extension is granted to the time within which all work is to be completed on this subdivision as provided herein, the SUBDIVIDER hereby agrees that he will comply with all the applicable improvement standards in effect at the time of said extension.

The grading on the lots shall conform to the grades shown on the Grading Plan and Improvement Plans. SUBDIVIDER shall hold the CITY harmless from any damages that may result from flooding of any structures on the finished lots.

Prior to the acceptance of the work and release of the security on this tract, the SUBDIVIDER shall provide to the CITY a certification from his engineer that all work performed within this tract conforms with the approved plans and the recommendations contained in the Project Geotechnical/Soils Report. A certification shall also be furnished by the SUBDIVIDER’S Engineer that all utility trenches have been uniformly compacted to the percentages specified in the City Standards.

The SUBDIVIDER shall cause to be placed by authorized persons all survey monuments and lot corners as shown on the final map prior to acceptance of the subdivision by the CITY. A deposit shall be provided to the City to guarantee this installation.

Prior to the acceptance of the Work and release of the security, the SUBDIVIDER shall provide to the CITY a certification from its engineer that all work and the construction and installation of all Improvements conform with the approved plans for the Subdivision and the recommendations contained in the Preliminary Soils Reports. A certification shall also be furnished by the SUBDIVIDER’S engineer that all utility trenches have been uniformly compacted to the percentages specified in the City Standards.

8. Other Conditions. The SUBDIVIDER shall annex the Subdivision to the City’s Lighting and Landscape Maintenance District for the provision of maintenance of the street lights and landscaping within the public right-of-way. The SUBDIVIDER shall provide a signed and notarized covenant and consent for annexation of the Subdivision to the Lighting and Landscape Maintenance District. The SUBDIVIDER shall notify every potential buyer of lots within the Subdivision that the Subdivision is part of a Lighting and Landscape Maintenance District. The SUBDIVIDER shall provide the City with a signed copy of such notice indicating acceptance of the notice by the buyer.

9. Scheduling. It shall be the responsibility of the SUBDIVIDER to coordinate all Work performed by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability of one contractor or subcontractor operation delays another. In no case shall representatives of the CITY be placed in the position of making decisions that are the responsibility of the SUBDIVIDER. It shall further be the responsibility of the SUBDIVIDER to give the City Engineer written notice not less than fourteen (14) calendar days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Engineer may cause delay for which the SUBDIVIDER shall be solely responsible.

10. Soil and Dust Control Provisions. The SUBDIVIDER is responsible for arrangement for and payment of all CITY required soil tests at locations as determined by the

City Engineer. Payment for said tests shall be made directly by the SUBDIVIDER to the certified testing firm of the SUBDIVIDER'S choice.

Adequate dust control shall be maintained by the SUBDIVIDER on all streets and areas, including, without limitation, undeveloped lots within the Subdivision and all streets outside of the Subdivision, from the time Work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision.

Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets, or other areas of the Subdivision, the City Engineer shall give notice to the SUBDIVIDER to comply with these provisions, or, at the election of the City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personal of the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees to pay to CITY, upon receipt of the billing therefore, the entire cost to the CITY of such dust control.

When the surfacing on any existing street is disturbed, SUBDIVIDER shall immediately replace the surfacing with temporary surfacing and permanently pave the existing street within fourteen (14) calendar days thereafter. All streets shall be maintained in a safe and passable condition at all times between the commencement of construction of Improvements and final completion thereof.

11. Reimbursement. If the City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or Development Impact Fee credit because of the construction of certain Improvements or the oversizing thereof, SUBDIVIDER must request payment of the cash reimbursement or preparation of a reimbursement agreement, whichever is applicable, or the Development Impact Fee credit. Such request must be made in writing and received by the City Engineer prior to the date of final acceptance of all Improvements by Kingsburg City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIVIDER forever waives it’s right to request and receive any reimbursement, reimbursement agreement or Development Impact Fee credit.

All such requests for reimbursement shall be prepared and submitted in accordance with City requirements and include the following:
i. One complete copy of all awarded bid for Work that is the subject of SUBDIVIDER’s reimbursement request, together with a copy of any other unsuccessful bids the SUBDIVIDER received (the SUBDIVIDER is not required to obtain more than one bid) and documentation sufficient, as determined by the CITY, to demonstrate that the unit costs for both reimbursable and nonreimbursable work items of similar scope are identical; ii. Completed "Requested Reimbursement Schedule";
iii. Completed, reproducible as-built drawings;

iv. Certification, signed by the SUBDIVIDER, its engineer, and its contractor attesting that the Work and Improvements are complete and that no future reimbursement claims will be forthcoming; and
v. If the awarded bid was significantly higher than the customary unit cost for a specific item or at the request of the City, the developer shall submit a written narrative explaining why the awarded bid was used and why the SUBDIVIDER should be reimbursed at a rate higher than the customary rate.

Tract 5073 does not contain any improvements that fall under the definition of reimbursable.

12. Prevailing Wage Laws, Rules and Regulations. SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations applicable to the Subdivision, the Work and the Improvements. Unless otherwise advised in writing by the CITY, SUBDIVIDER shall be solely responsible for making any and all decisions regarding the payment of prevailing wages for any portion or aspect of the Subdivision, Work or Improvements, including, without limitation, any form of reimbursement by the CITY to the SUBDIVIDER or any contractor. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against SUBDIVIDER, any contractor, or the CITY as a result of failure to pay prevailing wages.

SUBDIVIDER shall defend, indemnify and hold harmless the CITY, its officials, officers, employees, representatives, agents, attorneys, and Peters Engineering Group from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney’s fees arising out of, resulting from or in any way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, the Work or the Improvements.

SUBDIVIDER’s obligation to defend, indemnify and hold the CITY harmless specifically includes, but is not limited to, any suit or administrative action against the CITY which claims a violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements.

SUBDIVIDER’s obligations to defend, indemnify and hold the CITY, its officials, officers, employees, representatives, agents, attorneys, and Peters Engineering Group harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any judgments or awards against the CITY for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements and costs of any settlement representing damages, litigation costs and attorney’s fees to be paid to other parties arising out of any such proceeding or suit.

The CITY may, at any time, require the SUBDIVIDER to reimburse the CITY for costs that have been, or which the CITY reasonably anticipates will be, incurred by the CITY during the course of any action. SUBDIVIDER shall reimburse the CITY within thirty (30) days of receipt of an itemized written invoice from the CITY. Failure of the SUBDIVIDER to timely reimburse the CITY shall be considered a material breach of this Agreement. All of the provisions of this paragraph 12 shall survive the completion of construction of the Improvements and completion of the Work.

13. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set

forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promises shall be valid or binding.

14. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

15. Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California for any proceeding arising hereunder.

16. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by SUBDIVIDER without the express prior written consent of CITY, which consent may be withheld in the sole and absolute discretion of CITY.

17. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.

18. Time of the Essence. Time is of the essence of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the ___ day of _______________, 2019.

CITY OF KINGSBURG SUBDIVIDER
Kingsburg City Manager Property Owner
By: __________________________ By:

Alex Henderson Nachtar Singh Dhaliwal

APPROVED AS TO CONTENT:

By:

David Peters, PE
City Engineer, City of Kingsburg
ATTEST:

By:

Abigail Palsgaard
City Clerk, City of Kingsburg

EXHIBIT "C"

IMPROVEMENT COST ESTIMATE
Estimated construction costs used in this Agreement are increased for projected inflation computed to the estimated mid-point of construction.

ESTIMATED

CONSTRUCTION COST
Site Preparation
Construction of all rough grading, fencing, and wall improvements as shown on the approved improvement plans and in accordance with City Standards and Specifications. $ 410,000
Sanitary Sewer System
Construction of all sanitary sewerage facilities as shown on the approved improvement plans in accordance with City Standards and Specifications. $ 161,407
Storm Drainage System
Construction of underground cross drains, storm sewerage conductor, $ 96,142 accordance with City Standards and Specifications.

Water System
Install all water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City Standards and Specifications. $ 140,093
Dry Utilities
Install all gas, electric, telephone, cable, street lights, and other dry utilities as shown on the approved Improvement Plans in accordance with City and Utility Standards and Specifications. $ 195,000 Street Construction
Construct Type "B" asphalt concrete surfacing over Class 2 aggregate base, curb and gutter, sidewalk, wheelchair ramps, drive approaches and valley gutter as shown on the approved
Improvement Plans in accordance with City Standards and Specifications. $ 1,046,605
Total Estimate Construction Costs = $ 2,049,247

SECURITY REQUIREMENTS
Performance $ 2,049,247
Labor and Material $ 1,024,623
Warranty $ 512,312
Monumentation Security $ 10,000
Subdivision Fee Schedule.

Fees are established by Council Resolution, and are set forth below.

Charges payable prior to time of approval of Final Map and acceptance of Subdivision Agreement by the City Council. Fees Based on 12.92 Acres / 39 SFU.

Final Tract Map Fee ($1,200 + $25/lot) $ 2,175.00
Plan Check & Inspection Fee 1 $ 61,475.00
Storm Drainage Fees ($3,656/Acre) $ 47,235.52
Capital Facilities Fees* ($11,018.25/SFU) $ 429,711.75
Rec Area Acquisition & Improvement* ($1,428/SFU) $ 55,692.00 Sewer Connection Fee* ($/1,141SFU) $ 44,499.00
SUBTOTAL $ 640,788.27
Less Previously Paid Fees $ 7,000.00
Less Fees Requested for Deferral $ 633,788.27
BALANCE DUE $ 110,885.52
Notes:
1 Fee shown is an additional deposit based upon an estimate and $7,000 previously submitted. Actual fee to be calculated after subdivision is constructed and prior to acceptance by City Council. Surplus fee deposit will be refunded. In the event initial deposit does not cover the calculated fee, an additional deposit will be required prior to acceptance of the subdivision improvements. * Fee’s may be deferred until time of issuance of Building Permit. Fees due are the fee in effect at the time of payment.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Daniel Galvez – Public Works Director REVIEWED BY: AH AGENDA ITEM: Consider Adoption of an Urgency Ordinance NO. 2022-01 to amend Chapter 8.12, SOILD WASTE COLLECTION AND/OR DISPOSOAL in its entirety of the Kingsburg Municipal Code for Organic Waste Collection and Disposal Per Senate Bill (SB) 1383 ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
Summary SB 1383 and its Regulations provides a complex array of mandatory requirements for all California cities requiring all residential and commercial premises to comply with a rigorous organic waste recycling program. The requirements are embodied SB 1383 in statewide regulations. The initial deadline was January 1, 2022, for adoption of an organic waste ordinance in compliance with SB 1383 Regulations. Staff is bringing this item after the initial deadline due to changes in SB 619 Organic waste: reduction regulations: local jurisdiction compliance. Staff initially considered obtaining a waiver under SB 619 to allow additional time to implement SB1383 requirements. Analysis of SB 619 determined it was not in the best interest of City to obtain a waiver as local control of implementation could be affected. The proposed urgency ordinance complies with the SB 1383 requirements. Additional requirements will be met with an amendment to the Mid Valley Disposal Franchise Agreement and adoption of a purchasing policy at a future meeting. This ordinance and the agreement with Mid Valley will also play a vital role in the ongoing Prop 218 rate study. Failure to comply with SB 1383 Regulations subjects the city to penalties which will be enforced by Cal Recycle. Staff acknowledges the untimely nature of brining this item to council, however the intent is to bring all items related to SB1383 to consecutive meetings. The ordinance is targeted at reducing short lived climate pollutants caused by organic waste sent to landfills. This organic waste creates large amounts of greenhouse gases and negatively impacts the environment and air quality.

Summary of amendments to Chapter 8.12, SOILD WASTE COLLECTION AND/OR DISPOSAL of the Kingsburg Municipal Code:

Section 1- Findings
Section 2 – Amendments

8.12.010. Definitions

8.12.020 Right to collect or designate contract collector(s)

8.12.030 Collection services/separation mandatory

8.12.040 Unauthorized collections

8.12.050 Service levels and requirements.

8.12.060 Requirements for Residential Organic Waste Generators

8.12.070 Requirements for Commercial Organic Waste Generators

8.12.080 Waivers for Generators

8.12.090 Self-Hauler Requirements

8.12.100 Requirements for Commercial Edible Food Generators

8.12.110 Requirements for Food Recovery Organizations and Services

8.12.120. Requirements for Haulers and Facility Operators

8.12.130 Rates
Meeting Date: 01/19/2022
Agenda Item: 6.1

8.12.140 Billings

8.12.150 Delinquencies

8.12.160 Solid waste accumulations unlawful

8.12.170 Burying, dumping or burning solid waste unlawful

8.12.180 Public rights-of-way

8.12.190 Enforcement/regulatory provisions

8.12.200 Agreements with Contract Collector(s)

8.12.201 Exclusive rights/franchises

8.12.202 Franchise fees/payments

8.12.203 Unlawful acts

8.12.204 Penalties

8.12.205 Severability
Section 3- Declaration of Urgency
Section 4- Effective Date

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends adopting urgency Ordinance NO. 2022-01 amending in its entirety Chapter 8.12, SOILD WASTE COLLECTION AND/OR Disposal of the Kingsburg Municipal Code for Organic Waste Collection and Disposal Per Senate Bill (SB) 1383 and its Regulations relating to Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection

POLICY ALTERNATIVE(S)

1. Council could choose not to adopt the ordinance, but not having the ordinance subjects the City to possible monetary penalties.

STRATEGIC GOAL(S) MET:

1. Ensure Financial Stability

2. Promote Sustainable Growth

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
SB 1383 information has been presented to the Council by Mid Valley Disposal and Prop 218 rate study information has been provided to the finance committee.

BACKGROUND INFORMATION
SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, directs CalRecycle to develop regulations to divert 75% of organic waste from landfills and recover 20% of edible food for human consumption statewide by 2025.

Although the law passed in 2016, the regulations were not approved until November 2020, giving jurisdictions only about one year to prepare for compliance with a significant and complex set of new requirements. A foundational requirement in the SB 1383 regulations is that jurisdictions must adopt an ordinance that incorporates the SB 1383 regulations by January 1, 2022.

The State regulations are set forth in Title 14, Division 7, Chapter 12 of the California Code of Regulations, entitled “Short-Lived Climate Pollutants.” Because the regulations were developed and adopted in response to California Senate Bill 1383, they are often referred to as the “SB 1383 Regulations.”
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A

A. The SB 1383 Regulations.

SB 1383 Regulations place several new requirements on cities, waste haulers, and producers of organic waste, both businesses and residents, including:
• Providing organic waste collection to all residents and businesses • Establishing an edible food recovery program that recovers edible food from the waste • stream
• Conducting outreach and education to all affected parties, including generators, haulers, • facilities, edible food recovery organizations, and city/county departments. • Capacity Planning (Evaluating our readiness to implement SB 1383) • Producing recycled organic waste products like compost, mulch, and renewable natural • gas (RNG)
• Inspecting and enforcing compliance with SB 1383
• Maintaining accurate and timely records of SB 1383 compliance • Most importantly, for the purposes of this staff report, the SB 1383 Regulations require cities to adopt an ordinance and/or other enforceable mechanisms to enforce the regulations. The proposed ordinance is the first step toward bringing the City into compliance with the SB 1383 Regulations B. The Proposed Ordinance
The City’s current provisions of the Municipal Code regarding garbage collection are also intertwined with other Municipal Code provisions including those not directly related to the SB 1383. City staff worked with Mid Valley Disposal to amend our current ordinance with the changes required under SB 1383. The proposed ordinance is primarily based on a model ordinance developed by Cal Recycle, with necessary revisions to address the issues specific to solid waste collections in Kingsburg. The proposed ordinance incorporates SB 1383 requirements and serves as the enforcement mechanism that the law requires jurisdictions to have. The prescriptive nature of the SB 1383 Regulations leaves little flexibility in the content of the ordinance. The proposed ordinance addresses the regulatory changes mandated by SB 1383 Regulations to among other things reduce greenhouse gas emissions. Some of the most significant revisions to Chapter 8.12 provided in the Ordinance include:

1. The addition of many new definitions to satisfy the requirements of Sb 1383 Regulations and address the increasingly technical and
complicated nature of State law in this area.

2. Automatic enrollment of all businesses and residents in a waste collection service that provides for recycling of both non-organic recyclables (e.g., bottles, cans, plastics, and glass) and organic waste (e.g., food, green waste, wood, and paper products), unless the business or resident obtains a waiver. The only reasons the City will grant waivers will be (a) if a business does not have sufficient space on its property for an organic waste container, or (b) if a business produces no organic waste or a de minimis amount of organic waste.

3. Several new requirements for commercial edible food generators, including grocery stores, businesses that distribute food to grocery stores, wholesale food vendors, restaurants over a certain size, hotels and health facilities over a certain size that have food facilities, and certain event venues. These generators must make arrangements to recover as much edible food as possible that would otherwise be thrown away, including contracting with food recovery organizations and keep records of such efforts.

4. A requirement for the City’s franchised waste hauler to provide a solid waste collection service that will comply with the SB 1383 Regulations. This is accomplished through a 3- container system which the City already uses.

5. A requirement for self-haulers (individuals and businesses that haul their own solid waste) to obtain a permit from the City, separate non-organic recyclables and organic waste from other solid waste, take their organic waste to a permitted waste processing facility, and (for businesses) keep records of the amount of organic waste delivered to the solid waste processing facility.

6. Requirements on businesses (including owners of multifamily dwellings) to educate their tenants and employees about the new organic waste recycling requirements and provide appropriate

separate waste containers for organic waste.

7. Provisions delegating primary authority for implementation of this ordinance to the City Manager, and a recognition of the hauler’s role to maintain compliance.

8. There are State-mandated penalties for violations, with residential penalties set at the minimum range.

However, SB 1383 Regulations allow for the City to take an educational and non-punitive approach for the first two years (2022-2023).

C. Non-Compliance
While the City expects to gain compliance from residents and businesses, SB 1383 Regulations provide Cal Recycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met. These actions may include:

1. Conducting more frequent inspections.

2. Taking over direct enforcement on non-compliant businesses within the City;

3. Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or

4. Seeking administrative penalties against the City of up to $10,000 per day.

D. Mid Valley Disposal Franchise Agreement and Increased Costs Implementation of the proposed ordinance will require significant measures. In that regard, staff and City consultants have been working on a Proposition 218 rate study for disposal services (including street sweeping).

The City has had discussions with the City’s solid waste hauler, Mid Valley Disposal (MVD). MVD has been preparing for SB 1383 compliance and is capable of ensuring that the City is able to meet the SB 1383 requirements as set forth in the proposed ordinance. It would be extremely difficult for the City to comply on its own. Significant monitoring and compliance are required. In order to have MVD perform the additional services required by SB 1383, MVD has advised the City of increased costs via an amendment of the City’s agreement with MVD. In short, MVD has advised the City that the addition of SB 1383 services require increased rates for customers. We note that the steps Mid Valley has taken to implement the smart truck program will help reduce costs by providing much of the monitoring needed for enforcement of residential accounts. Discussions have been held with MVD to determine their costs to provide the services required to implement the SB 1383 requirements.

E. Additional Actions for Implementation of SB 1383 Regulations Passing the proposed ordinance is not the end of SB 1383 compliance. As previously mentioned, a purchasing policy must also be adopted to comply with SB 1383. The purchasing policy will outline the requirements of the City to purchase recycled products such as mulch, compost, electric energy, or natural gas created by recycled organics materials. The City will be applying for a grant from Cal Recycle to assist with this process. These additional issues will be brought before the Council at a future meeting.

ATTACHED INFORMATION

1. Proposed Ordinance 2022-01
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 ORDINANCE NO. 2022-01

AN URGENCY ORDINANCE OF THE CITY OF KINGSBURG AMENDING
IN ITS ENTIRETY CHAPTER 8.12 OF TITLE 8 OF THE KINGSBURG MUNICIPAL CODE TO IMPLEMENT THE REGULATIONS OF SB 1383, THE SHORT-LIVED CLIMATE POLLUTION REDUCTION ACT OF 2016 The City Council of the City of Kingsburg does hereby ordain as follows:

Section 1. Findings.

A. California organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

B. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016 (“SB 1383”), requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

C. SB 1383, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. Such an ordinance will help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

D. Jurisdictions are required by the SB 1383 Regulations to adopt an ordinance by January 1, 2022 to mandate that organic waste generators, haulers and other entities subject to the requirements of the SB 1383 Regulations and subject to the City’s authority, comply with the SB 1383 regulatory requirements.

E. The City Council finds that for the immediate preservation of the public health and safety, the City Council must adopt this urgency ordinance in order to immediately comply with SB 1383 Regulations and: (i) reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and (ii) mandate that organic waste generators, haulers and other entities subject to the requirements of the SB 1383 Regulations and subject to the City’s authority, immediately comply with the SB 1383 regulatory requirements.

Section 2. Chapter 8.12 of Title 8 of the Kingsburg Municipal Code is amended in its entirety as follows:
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 8.12.010. Definitions.

Unless the context otherwise requires, the definitions in this section shall be interpreted consistent with the definitions in the “Act” referenced below and in this code; and shall govern the construction of this chapter.
“Act” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq.) and all rules and regulations adopted pursuant to the Act, as amended from time to time.
“Bin(s)” means the front- or top-loading metal bin containers provided to customers by city or its contract collector(s) for refuse, organics and/or recyclable materials collection. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
“Bulk solid waste” means demolition or construction waste and debris (including, but not limited to, wood waste, wallboard, lumber, pipe, masonry, concrete and cement), tree stumps, abandoned vehicles or parts thereof, like items, and such other items as are determined or designated by city from time to time.
“Buy-back facility” means a facility which receives source-separated materials for a fee.
“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). “City” means the city of Kingsburg and/or city's duly authorized officers, agents and employees.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Collection service(s)” means the process of collection by city or its contract collector(s) from alleyways of refuse, recycling, and Organic Waste placed in containers by customers (or collection from curbside in those instances where alley service cannot be provided), collection from curbside of recyclable materials placed in containers by customers, collection of street refuse from city rights-of-way and lawful disposal of all such items so collected.
“Container(s)” means the automated refuse, Organic Waste, recyclable materials containers and bins as defined herein.
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“Contract collector” means any person who, under contract with city, provides collection services to customers and/or premises.
“Customer” means any and all persons (including the owners, occupants and/or operators of premises) which generate, produce or accumulate solid waste. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins and pizza boxes.
“Food Waste” means Food Scraps, Food-Soiled Paper.
“Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
“Green waste" means grass, leaves, shrub or brush trimmings, general organic debris from yard, greenery and/or organic plant maintenance that is of plant origin, and tree trimmings which do not exceed six inches in diameter or thirty-six (36) inches in length. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent 5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Person” means an individual, firm, association, partnership, public or private corporation, company, organization, political subdivision, governmental agency, trustee, receiver or any other entity whatsoever.
6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 “Premises” means an identifiable tract, lot or parcel of land (with or without habitable buildings or appurtenant structures) located within city. “Prohibited Container Contaminants” means the following:

A. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container B. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container
C. Discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and D. Excluded Waste placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recyclable materials” means newspaper, cardboard, chipboard, white and colored ledger paper, computer paper, magazines, tin (steel) and bimetal cans, aluminum cans, glass bottles and jars, tin cans, Polyethylene Teraphthelate ("PET"), Low and High Density Polyethylene Plastic ("LDPE" and "HDPE"), Plastic Containers 1-7, designated scrap metals, other materials which can be processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and such additional materials as are designated by city.
“Refuse” means those residential and commercial solid waste products which are regularly, normally, commonly and legally accepted for collection in municipal refuse programs in Fresno County, California, other than recyclable materials, green waste and as defined herein. Without limiting city's right from time-to-time to determine certain materials are not included in the definition of refuse set forth above, refuse specifically excludes ashes, cement, dirt, tires, motor oil, hazardous materials, rock, plaster, paint, bulk solid waste, wood waste and wallboard.
“Remote Monitoring” means the use of the internet and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of 7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Separate/separation” means the segregation and placement of refuse, Organic Wastes, and recyclable materials in the separate containers designated for same, and includes the segregation of recyclable materials by customers from their other solid waste for purposes of private sale or donation, rather than placement in the container(s) designated for same.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

A. Hazardous waste, as defined in the State Public Resources Code Section 40141.

B. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

C. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Solid waste facility” means a disposal site, buy-back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in California Public Resources Code Section 40194 and as amended from time to time. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclable materials, but shall exclude private residences engaged in salvaging of recyclable materials for their own purpose. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of 8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
“Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. “Source Separated Organic Materials” means Source Separated Green Waste and Food Waste acceptable for placement in the Green Container. “Source Separated Recyclable Materials” means Source Separated Recyclable Materials acceptable for placement in the Blue Container “Street refuse” means solid waste located within city rights-of-way on designated collection service days which is reasonably capable of being collected through the use of the street sweeping equipment utilized for such purposes by city or its contract collector(s). “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site Food Facility and 200 or more rooms.

C. Health facility with an on-site Food Facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
“Walk-in service” means service where solid waste, Organic Waste and/or recyclable material containers may be placed for collection at a location other than the designated collection point, but on the premises. Such service shall be limited to customers who are blind, disabled, or, for some physical reason, cannot move their container to the curb or alley. Hardship cases will be reviewed and a decision made on an individual basis by city. “Wallboard” means sheets or pieces of gypsum drywall.
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). “Wood waste” means wood residue including construction wood waste, pallets, crates, spools, remanufactured wood residue, urban wood waste and tree parts or trimmings of any kind over six inches in diameter or thirty-six (36) inches in length.

8.12.020 Right to collect or designate contract collector(s).

City, in order to more effectively promote and protect the public health and safety and reduce the dangers and hazards of fires and conflagrations, reserves to itself the sole and exclusive right to collect, transport and dispose of solid waste produced, found and accumulated within city, and/or to permit, designate and/or contract with persons to collect and/or dispose of such solid waste as in the judgment of city seems best and upon such terms as city may determine, including the award and/or payment of any franchise fee for the privilege of doing so, whether by permit, designation or contract.

8.12.030 Collection services/separation mandatory.

Except as otherwise provided in Section 8.12.040, all persons within city, and all premises upon which solid waste is produced, generated or accumulated within city, shall be provided with and required to use the collection services provided by city under this chapter, without any exception, all such persons and premises shall be responsible to pay the charges for not less than the designated minimum level of available collection services as they are from time to time set in accordance with this chapter. All such persons and premises using collection services shall separate Organic Waste and recyclable materials 10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 from all other refuse and/or solid waste produced, generated or accumulated at their premises and dispose of the same only in accordance with law and the requirements established by city. These requirements shall be established by this chapter and by any other authorized action of city; and may be amended from time to time as may be necessary to meet the requirements of the Act, this chapter, city agreement(s) with contract collector(s) and/or permits or designations issued by city to persons collecting and/or disposing of solid waste in accordance with this chapter. An owner, landlord, or agent of an owner or landlord of a multi-family rental housing property with two or more units, shall comply with the separation responsibilities for the premises by establishing a system for collection, separation, and deposit into the separate designated refuse, Organic Waste, and recyclable materials containers for such premises.

8.12.040 Unauthorized collections.

No person other than city shall for gain or hire engage in the business of collecting, hauling, transporting or disposing of any solid waste produced, generated or accumulated within city, or use the public rights-of-way in city for such purpose(s), without first having become a contract collector of city or without first having secured a solid waste collection and/or disposal permit or designation from city to engage in the business of collecting and/or disposing of solid waste. This section does not prevent any individual from otherwise lawfully disposing of the solid waste personally produced, generated or accumulated by that individual.

8.12.050 Service levels and requirements.

A. Frequency, Type and Amounts of Collection. Regular collection services shall be provided all premises at regular scheduled intervals established by city. Special or additional collections may also be provided as determined by city. In cases of disputes about frequency of collection or adequacy of containers, city shall determine the appropriate frequency and the size and number of containers required to provide for the efficient collection of solid waste at any premises.

B. Container Storage/Placement. All customers shall store and place containers in a manner and at location(s) for storage and collection acceptable to city.

C. Residential Container Storage. All refuse, recycling, and Organic Waste containers on residential premises having fenced public alley access shall be stored at a location on the premises either inside a fence-line enclosure acceptable to city with inside measurements of not less than four feet deep and eight feet wide which provides space for such containers and access allowing the collector to empty all such containers from the public alley without entering the premises ("approved enclosure"), or inside the alley fence.

Any residential alley fence hereafter constructed or replaced within four feet of the adjacent public alley boundary shall be constructed with an approved enclosure. All containers for residential premises without fences and/or without public alley access shall be stored at a location on the premises no closer to public rights-of-way than the applicable structural setback line(s) set forth in the zoning ordinance of city; and shall be visually screened from the adjacent streets, alleys and premises.

D. Residential Container Placement for Collection/Return. Except for walk-in service(s), all residential premises containers shall be placed for collection no sooner than five o'clock p.m. on the day preceding the scheduled day of collection and no later than five o'clock a.m. on the scheduled day of collection and shall be returned from the collection location to the storage location no later than twelve o'clock (12:00) midnight on the 11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 scheduled day of collection. Solid waste, recycling, and Organic Waste containers on residential premises with public alley access but no approved enclosure may be placed for collection within the public alley for such purposes only if approved by city. All solid waste, recycling, and Organic Waste containers on residential premises without public alley access shall be placed for collection behind the curb line. All recyclable materials containers on residential premises shall be placed for collection within the public street right-of-way abutting the premises and behind the curb line.

E. Proper Separation and Placement Required. Refuse, organics and recyclable materials which have not been properly separated, placed in designated containers and located for collection are not required to be collected in accordance with regular collection services; and city may impose special service charges for same.

F. Substitute Containers. With city’s prior approval, separate refuse, Organic Waste, and/or recyclable materials containers may be used in lieu of bins at non-singlefamily residential premises. With city’s prior approval, bins may be used at single-family residential premises in lieu of separate refuse, organics and/or recyclable materials containers.

G. Containers to be Kept Clean. All containers shall be kept in a clean and sanitary condition with their lids closed at all times. Should container(s) not be kept in such condition, following notice of such failure, the condition may be corrected at the expense of the person, customer or premises.

8.12.060 Requirements for Residential Organic Waste Generators.

A. Persons residing in single-family homes or multi-family properties of 4 units or less are Residential Organic Waste Generators for the purposes of this chapter.

Residential Organic Waste Generators shall comply with the following requirements, except residential generators that meet the Self-Hauler requirements in Section 8.12.120 of this chapter:
(1) Subscribe to Organic Waste collection services provided through the city’s franchised hauler. The city or the city’s franchised hauler shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and residential generator shall adjust its service level for its collection services as requested by the city or the city’s franchised hauler.
(2) May additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(3) Shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

8.12.070 Requirements for Commercial Organic Waste Generators.

A. Commercial Businesses, including multi-family properties of five (5) units or more are Commercial Organic Waste Generators for purposes of this Chapter. Commercial Organic Waste Generators shall comply with the following requirements, except commercial generators that meet the Self-Hauler requirements of Section 8.12.120 of this chapter:
12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 (1) Subscribe to the Organic Waste collection services provided through the city’s franchised hauler. The city or the city’s franchised hauler shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and the Commercial generator shall adjust its service level for its collection services as requested by the city or the city’s franchised hauler.
(2) Except Commercial Businesses that meet the Self-Hauler requirements in Section 12 of this ordinance, participate in the city’s Organic Waste, Non-Organic recyclables, and/or other solid waste collection services provided by the city’s franchised hauler in order to comply with applicable State law. Participation includes placing designated materials in designated containers as directed by the city or the city’s franchised hauler.
(3) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors to conform to the collection programs subscribed to through the city.
(4) Commercial Businesses, excluding multi-family dwellings, shall provide containers for the collection of source separated Organic Waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.

Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by the franchised hauler; or b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(5) Commercial Businesses, excluding multi-family dwellings, shall, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s franchised’s collection service.
(6) Commercial Businesses, excluding multi-family properties, shall periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(7) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of discarded materials in designated containers.
13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 (8) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to place designated materials in designated containers, the location of designated containers, and the associated rules governing their use at each property.
(9) Provide or arrange access for city or its agent to their properties during all inspections required to confirm compliance with the requirements of this chapter. (10) If a Commercial Business wants to self-haul, it must meet the SelfHauler requirements in Section 4-1-4(o) of this chapter. (11) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(12) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section _____________.
(13) On or after January 1, 2022, a Commercial Business that generates two (2) cubic yards or more per week of commercial solid waste, as defined in Public Resources Code section 42649.1, shall request recycling services specifically for Organic Waste.
(14) Commercial Businesses, including Multi-Family properties, that subscribe to landscaper services shall provide the City with all information required by the city to determine if the disposal of Organic Waste generated from such landscaping services satisfies SB 1383 requirements.
(15) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container.

Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.

8.12.080 Waivers for Generators.

A. De Minimis Waivers. The city may waive a Commercial Business’ obligation (including Multi-Family properties) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in this Chapter. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below.
(2) Provide documentation that either:
a. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a 14 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify the city if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver each year, if the city has approved de minimis waiver.

B. Physical Space Waivers. The city may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the city has evidence from its own staff, the city’s franchised hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter.
(1) Commercial Business or property owner may request a physical space waiver through the following process:
a. Submit the city’s application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers documentation from the city’s franchised hauler, licensed architect, or licensed engineer.
(3) Provide written verification of eligibility for waiver each year, if the city has approved the waiver.

8.12.090 Self-Hauler Requirements.

A. Self-Haulers shall source separate all recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers must obtain a Self-Hauler permit from the City in order to operate as a Self-Hauler and maintain a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste. This record shall be provided to the City quarterly within 10 business days of the end of each quarter. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
15 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 (3) If the material is transported to an entity that does not have scales onsite, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in subsections C. above.

8.12.100 Requirements for Commercial Edible Food Generators.

A. Tier One Commercial Edible Food Generators must comply with the requirements of this chapter commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements
established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the
Food Recovery Service or Food Recovery Organization.
16 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 (ii) The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) No later than February 1st of each year commencing no later than calendar year 2022 for Tier One Commercial Edible Food Generators and calendar year 2024 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City in the form and format established by the Public Works Director.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.12.110 Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
17 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1 of the following year.

D. Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the city, Food Recovery Services and Food Recovery Organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the city and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

8.12.120. Requirements for Haulers and Facility Operators.

A. The city’s exclusive franchised hauler providing residential, commercial, or industrial Organic Waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect Organic Waste:
(1) By written notice to the city annually on or before January 1, identify the facilities to which will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.
(2) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article

2. (3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 13 of this chapter and chapter 8.14 of this Article 8.

B. The city’s exclusive franchised hauler’s authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.

8.12.130 Rates.

All rates and charges for collection services provided by the city’s franchised hauler shall be identified in the franchise agreement by and between the city and its franchised hauler or fixer by city resolution if not identified in said agreement. 18 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 8.12.140 Billings.

A. Collection services shall be included on the regular city utility bill. The charges shall be paid at the same time and in the same manner as other utility charges are paid, and all rules and regulations governing the collection of other city utility bills shall apply to charges for collection services, the same as for other city utilities.

B. Any payment received for city utility charges in an amount less than the total billed shall be treated as a partial payment for each such charge and the amount received shall be allocated to the separate accounts in the same ratio as each such charge bears to the whole of the bill.

C. The charges for the collection of solid waste resulting from the normal use of a premises shall not be construed as preventing city from imposing reasonable extra charges for the removal of excessive amounts of solid waste.

8.12.150 Delinquencies.

All charges for collection services included on utility bills shall be due and payable at the same time as other utility charges. If a bill for collection services is not paid in full within the time provided, city may discontinue utility service to the premises after following the established rules and regulations governing the collection of utility bills.

8.12.160 Solid waste accumulations unlawful.

A. It shall be unlawful for any person to allow or permit to collect or remain on their premises any solid waste in a manner which constitutes a public nuisance.

B. In addition to the foregoing, except for the normal accumulation of solid waste between normal collection service days, all premises shall be kept free of solid waste. The owner, occupant or operator of any premises shall be responsible for the safe and sanitary storage of all solid waste so normally accumulated on the premises in a manner such that such solid waste is not visible from public rights-of-way or other nearby premises.

8.12.170 Burying, dumping or burning solid waste unlawful.

It shall be unlawful for any person to bury, dump, burn, or permit to be buried, dumped, or burned any solid waste in any place within city, and all solid waste generated in city shall be placed in the designated containers as described in this chapter.

8.12.180 Public rights-of-way.

No solid waste or container(s) shall be deposited, kept or stored in public rights-ofway. No container(s) shall be placed in public rights-of-way except as specifically allowed by city for collection purposes.

8.12.190 Enforcement/regulatory provisions.

City shall enforce the provisions of this chapter and shall have the power to establish rules and regulations consistent with the provisions of this chapter governing the keeping, collection, removal, and disposal of solid waste.

8.12.200 Agreements with Contract Collector(s).
19 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Agreement(s) for collection services may be entered into between city and persons subject to the provisions of this code and other applicable laws. Except as otherwise provided in this chapter or such agreement(s), contract collector(s) shall have the sole and exclusive right(s) and duty(ies) to collect and dispose of all solid waste in accordance with said agreement(s) and to transport same throughout the streets and alleys of city for such purposes. Any such agreement may be entered into by city upon terms deemed necessary to protect the interests of city and consistent with this chapter, and the Act.

8.12.201 Exclusive rights/franchises.

City may grant any contract collector, for the term of that contract collector's agreement only, an exclusive franchise consisting of the exclusive duty, right and privilege to collect and dispose of solid waste within city on such terms as city shall proscribe in such agreement.

8.12.202 Franchise fees/payments.

A solid waste collection and/or disposal franchise fee (“franchise fee”), as set by resolution of the city council, is hereby imposed on all sums due each contract collector.

Each contract collector shall submit monthly statements to the city which itemize the types, amounts, and charged for services rendered by the contract collector and the “monthly net sum” claimed due for that month by such contract collector utilizing the rates determined, in accordance with its agreement with the city. Said monthly statements shall be submitted to city within ten (10) days after the end of the calendar month in which the collection services were provided and shall be accompanied by all monthly reports due city. Within fifteen (15) days after receipt of such statement and reports, city shall review the monthly statement and reports and, upon the city’s approval of such statement and reports, shall pay the contract collector the approved monthly net sum due. In lieu of contract collector paying the required franchise fee amount concurrently with submitting each monthly statement, city shall determine and collect the franchise fee amount by multiplying the agreed monthly net sum due for each month by the franchise fee percentage then in effect which will yield the franchise fee the contract collector is required to pay the city. The City shall deduct the monthly franchise fee amount from the monthly net sum due the contract collector for that respective month. City reserves the right to modify at any time the amount of the franchise fee by resolution of the city council adopted at any time during the term of any agreement with any contract collector; and thereafter to collect such modified franchise fee using the same procedure described in this Section 8.12.150.

8.12.203 Unlawful acts.

A. It shall be unlawful for any person to store, place, throw, deposit, or cause to be stored, placed, thrown or deposited, any solid waste in or upon any premises not owned, occupied or controlled by such person or in or upon any public right-of-way, park, or other public place; or to accumulate, keep, store or place any solid waste other than in the manner provided or allowed by this chapter.

B. It shall be unlawful for any person to remove, damage, destroy, deface, improperly locate, place or store any container.

C. It shall be unlawful for any person other than city, a contract collector, or a person otherwise properly permitted or designated by city for such purposes to collect or transport any solid waste which has been placed for collection. 20 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 D. It shall be unlawful for any person to deposit or remove solid waste in the container(s) of any other person, customer or premises, or to set out solid waste for collection at the collection location of any other person, customer or premises.

E. It shall be unlawful for any person, customer or premises to willingly place any materials in the refuse, organics, or recyclable materials containers that do not meet the definitions for same set forth in this chapter.

8.12.204 Penalties.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor or, at the option of the citing official or city attorney, an infraction; upon conviction of a misdemeanor, such person shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Upon conviction of an infraction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00).

8.12.205 Severability.

If any section, subsection, sentence, clause, word, or phrase of this chapter is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this chapter.

Section 3. Declaration of Urgency. This ordinance is hereby declared to be an urgency ordinance necessary for the immediate preservation of the public peace, health, and safety of the City of Kingsburg. The facts constituting the urgency of this ordinance’s adoption are set forth in Section 1.

Section 4. Effective Date. This ordinance becomes effective immediately upon passage by four-fifths vote of the City Council. Within 15 days after passage, this ordinance shall be published once with the names of the City Council Members voting for and against it in the Kingsburg Recorder, a newspaper published in this County.

Passed and adopted by a regular meeting of the city council of the City of Kingsburg, duly called and held on the 19th day of January, 2022, by the following vote:

Ayes: Council Member(s):

Noes: Council Member(s):

Absent: Council Member(s):

Abstain: Council Member(s):

APPROVED:
_____________________________
Laura North, Mayor
ATTEST: _____________________________
Abigail Palsgaard, City Clerk
21 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss

CITY OF KINGSBURG )
I, Abigail Palsgaard, City Clerk of the City of Kingsburg do hereby certify that the foregoing Ordinance 2022-01 was duly passed and adopted at a regular meeting of said City Council held on the 19th day of January, 2022.

DATED: January ___, 2022 ____________________________________ City Clerk
F:\WORD\11\11140.00\SB 1383 Ordinance Draft 2022-01-13.doc

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Daniel Galvez Public Work Director REVIEWED BY: AP AGENDA ITEM: SB 1383 Local Assistance Grant Program
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The Department of Resources Recycling and Recovery (CalRecycle) has been tasked with administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. This non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

Eligible applicants include City, County, Cities and Counties, Regional or Joint Powers Authorities, and Special Districts directly responsible for solid waste collection services.

Eligible projects include:
• Collection
• Education and Outreach
• Edible Food Recovery
• Capacity Planning
• Procurement Requirements
• Record Keeping
• Enforcement and Inspection
• Program Evaluation/Gap Analysis
Funding for the fiscal year 2021-22 is $57,000,000. Base awards amounts are set at $20,000 and awards are based on per capita calculations using the Department of Finance’s January 2021 population statistics. Based on Attachment 1, Kingsburg has been allocated $20,000.

Applications are due February 1, 2022, and the award date is set for April 1, 2022.

Staff recommends funding be applied to meeting Procurement Requirements and/or Education and Outreach activities.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends council approve moving forward with grant application and approve resolution No. 2022- 009 authorizing the submittal of application(s) for all Cal Recycle and Payment Programs for which The City of Kingsburg is eligible for 5 years.

POLICY ALTERNATIVE(S)

1. Council could choose not to approve the application or resolution and look for alternative funding sources.

Meeting Date: 01/19/2022
Agenda Item: 6.2

STRATEGIC GOAL(S) MET:

1. Ensure Financial Stability

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
N/A

BACKGROUND INFORMATION
Applicants must identify the status of adopting an enforceable ordinance(s), or similarly enforceable mechanism, pursuant to section 18981.2 of Title 14 of the California Code of Regulations. Applicants who certify they will adopt an ordinance to CalRecycle by April 1, 2022, will be eligible to receive first round funding (Spring 2022). In addition, the first round of awardees may be eligible to receive additional remaining funds from entities who did not apply. The City is currently in the process of approving an ordinance to comply with SB 1383.

ATTACHED INFORMATION

1. SB 1383 Local Assistance Grant Program Funding Estimates

2. Resolution 2022-009– Authorization of Submittal

3. Grant Guidelines and Instructions
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A
Attachment 1
RESOLUTION NO. 2022-009

RESOLUTION OF THE CITY OF KINGSBURG

AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE

GRANTS FOR WHICH THE CITY OF KINGSBURG IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City of Kingsburg authorizes the submittal of application(s) to CalRecycle for all grants for which City of Kingsburg is eligible.

BE IT FURTHER RESOLVED that the Alexander Henderson, City Manager is hereby authorized and empowered to execute in the name of the City of Kingsburg all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for (choose one of the following options) 1) five (5) years from the date of adoption of this resolution or 2) for a period less than five years (insert Time Period: from Month, Day, and Year through Month, Day, and Year). [Note: this provision is either/or, do not include both options]. *******
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 19th day of January 2022.

AYES: Council Member(s):

NOES: Council Member(s):

ABSTAIN: Council Member(s):

ABSENT: Council Member(s):

Abigail Palsgaard, City Clerk
City of Kingsburg
Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 1
January 2022
Department of Resources Recycling and Recovery
SB 1383 Local Assistance Grant Program
Application Guidelines and Instructions
Fiscal Year 2021–22
Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 2
Table of Contents
Grant Cycle Overview ................................................................................................... 3 Timeline........................................................................................................................ 3 Eligible Applicants ........................................................................................................ 4 Individual Application.................................................................................................... 4 Regional Application..................................................................................................... 4 Joint Powers Authority Application Requirements ........................................................ 5 Eligible Projects/Products............................................................................................. 5 Available Funds ............................................................................................................ 5 Ordinance Requirement................................................................................................ 5 Grant Term ................................................................................................................... 6 Eligible and Ineligible Costs.......................................................................................... 6 Questions ..................................................................................................................... 6 Public Records Requests ............................................................................................. 6 Confidentiality ............................................................................................................... 6 Application Instructions................................................................................................ 8 Application Access ....................................................................................................... 8 GMS Tabs - Application Contents and Instructions ...................................................... 8 Summary Tab............................................................................................................ 8 Applicant/Participant Tab........................................................................................... 9 Detail Tab .................................................................................................................. 9 Contacts Tab ............................................................................................................. 9 Budget Tab..............................................................................................................10 Documents Tab .......................................................................................................10 Application Submittal and Deadline ............................................................................10 Application Documents...............................................................................................11 Electronic and Original Signatures .............................................................................11 CalRecycle Documents ..............................................................................................11 Application Certification ...........................................................................................11 Applicant’s Required Authorization Documents..........................................................11 Individual Application Authorization Documents:.....................................................12 Regional Application Authorization Documents:......................................................12 Joint Powers Authority Agreement ..........................................................................13 Letter of Designation ...............................................................................................13 Grant Review and Award Process .............................................................................14 Grant Application Review Process .............................................................................14 Grant Award Process..................................................................................................14 Grant Award Conditions..............................................................................................14 Grant Program Administration...................................................................................15 Application Certification ..............................................................................................15 Reporting Process ......................................................................................................15 Payments....................................................................................................................15 Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 3
Grant Cycle Overview
The Department of Resources Recycling and Recovery (CalRecycle) offers the SB 1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016. This non-competitive grant program will provide one-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

This resource document provides applicants with instructions to access and complete the application online and information about grant administration. The web-based application is in CalRecycle’s Grants Management System (GMS) (https://www.calrecycle.ca.gov/Funding/GMS/). The applicant will need to sign in to GMS to complete and submit an application.

Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for grant administration and any entity that will receive and control grant funded equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant). • “You” refers to a person who is completing the application on behalf of the Applicant.

Timeline
February 1, 2022: Application Due Date
• Applicants must submit applications in GMS by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date.

Note: There is only one application period. All applicants must submit an application by February 1, 2022 to be considered for first and second round funding.

March 1, 2022: Secondary Due Date for First Round Funding • Approved Resolution, and if applicable, Letters of Designation and Letters of Authorization, must be uploaded in GMS by this date if it was not submitted with the application.

June 14, 2022: Secondary Due Date for Second Round Funding • Approved Resolution, and if applicable, Letters of Designation and Letters of Authorization, must be uploaded in GMS by this date if it was not submitted with the application.

April 1, 2022 (tentative): Grants Awarded for First Round Funding • CalRecycle considers funding recommendations, and if approved, conditionally awards grants on this date.

Note: Applicants with outstanding debt owed to CalRecycle will not receive funding unless debt is paid by March 1, 2022.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 4
September 1, 2022 (tentative): Grants Awarded for Second Round Funding • CalRecycle considers funding recommendations, and if approved, conditionally awards grants on this date.

Note: Applicants with outstanding debt owed to CalRecycle will not receive funding unless debt is paid by August 15, 2022.

April 2, 2024: Grant Term End for First Round Funding
September 2, 2024: Grant Term End for Second Round Funding For milestones that take place during the grant term, refer to the Procedures and Requirements document.

Eligible Applicants
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify on the Detail tab of the application that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or participating entity is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Eligible applicants include:
• City
• County
• City and county
• Regional or Joint Powers Authorities
• Special Districts that provide solid waste collection services Individual Application
An Individual Application is one in which a single eligible entity will be responsible for grant implementation. The applicant in an Individual Application will be responsible for the performance of the grant and all related documentation. In addition, the applicant will be the only entity receiving any real or personal property that is purchased with grant funds.

Regional Application Local governments may join together in a Regional Application in which two or more eligible jurisdictions join together for the purpose of grant implementation. A Regional Lead Participant must be designated to act on behalf of all Non-Lead Participants. The Lead Participant is the applicant, and if awarded, will be the grantee responsible for the performance of the grant and all required documentation. CalRecycle will direct all official correspondence and grant payments to the Lead Participant. If a jurisdiction is a Non-Lead Participant in a Regional Application, it may not apply individually.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 5
Joint Powers Authority Application Requirements
Joint Powers Authorities (JPA) may submit a grant application as an individual applicant. An entity may not submit an individual application if that entity is also a member of an applicant JPA. In addition to the requirements for an Individual Application, a JPA must upload a copy of its JPA Agreement.

The JPA Agreement must:

1. Give authority over solid waste management.

2. List all member entities.

3. Contain the signature of all members.

Eligible Projects/Products
Eligible activities and costs include:
• Capacity Planning
• Collection
• Edible Food Recovery
• Education and outreach (includes organic waste & edible food recovery) • Enforcement and Inspection
• Program Evaluation/Gap Analysis
• Procurement Requirements (using recycled organic products – compost, mulch, electricity, and/or renewable gas and recycled paper and paper products) • Record Keeping
Available Funds • $57,000,000 is available for this grant cycle, fiscal year 2021–22, subject to funding availability.
• $20,000 base award for each eligible applicant.
o CalRecycle provides estimated funding amounts on the Notice of Funding Availability page for applicants to budget anticipated costs of implementing the program.
• CalRecycle will distribute remaining funds to eligible entities based on per capita calculations using the Department of Finance’s January 2021 population statistics.

Ordinance Requirement
Applicants must identify the status of adopting an enforceable ordinance(s), or similarly enforceable mechanism, pursuant to section 18981.2 of Title 14 of the California Code of Regulations.

Applicants who certify they will adopt an ordinance to CalRecycle by April 1, 2022, will be eligible to receive first round funding (Spring 2022). In addition, the first round of awardees may be eligible to receive additional remaining funds from entities who did not apply.

For applicants who adopt an ordinance after April 1, 2022, awards will be delayed to the second round.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 6
Grant Term
The Grant Term for first round funding begins on April 1, 2022 (tentative) and ends on April 2, 2024. The Grant Term for second round funding begins on September 1, 2022 (tentative) and ends on September 2, 2024.

For detailed information about requirements within the grant term, refer to the Procedures and Requirements document.

Eligible and Ineligible Costs
Grantees may incur eligible costs only during the Grant Term. For detailed information about eligible and ineligible costs, refer to the Procedures and Requirements document.

Questions
Refer to the Frequently Asked Questions page
(https://www.calrecycle.ca.gov/organics/slcp/owrlocalassistancegrant/faq202122). If your answer is not listed, send your question to [email protected].

Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public.

In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure.

Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page (https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).

Confidentiality
The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.

Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 7
Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046.

However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general nonfinancial documents) as confidential if they do not fall within the categories of protected financial documents listed above.

What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.

What procedures does CalRecycle have in place to ensure that confidential information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access.

Records no longer needed to provide the services offered under the grant program are periodically destroyed, when allowed by audit policies and state law.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 8
Application Instructions
Application Access
The application is available in CalRecycle’s web-based Grants Management System (GMS). Access to GMS is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).

To start an application:

1. Log in to GMS (https://secure.calrecycle.ca.gov/Grants).

2. Select Apply for a Grant on the left.
• All open grant cycles are displayed in a table.

3. Find SB 1383 Local Assistance, OWR: 2021–22 and select Start Application. • A pop-up window will appear asking for contact information. If you have an existing GMS Account, the information may be auto populated. • GMS will automatically add you as the Primary Contact for the new grant application however; you may update this later.

4. Click Save.

GMS Tabs - Application Contents and Instructions
The components of the application are divided into tabs. To fill out an application, click on each tab and complete the sections in each tab as required. General directions are on the top of each tab, and detailed information about the requirements for each tab is listed below.

The applicant is responsible for a complete application. This includes signing documents, uploading required documents, and submitting the application by the due date(s). Failure to do so will result in disqualification from the SB 1383 Local Assistance Grant Program.

Examples of disqualifications may include:
• Applicant does not meet the eligibility requirements. • Project is not eligible.
• Applicant fails to use required CalRecycle documents or forms. • Applicant uploads incomplete or blank documents to the Documents tab. • Signature Authority fails to sign Application Certification or any document that requires a signature.
• The online application is incomplete or missing information. • Applicant fails to certify that they will have an enforceable ordinance, or similarly enforceable mechanism, pursuant to section 18981.2 of Title 14 of the California Code of Regulations by the required due dates.

Summary Tab
This tab provides a summary of the application, due dates, resource documents and links, application documents, and the Application Submission section. It is the applicant’s responsibility to submit all required documents, based on the particular grant application/project, by the appropriate due date.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 9
Applicant/Participant Tab
The applicant name is the legal name of the entity that is legally responsible for grant administration, if awarded.

1. Select the Add Applicant/Participant button and type in the Applicant Name and County. Do not enter your personal name.

2. Search the table for the correct applicant name and select Add Applicant/Participant.

3. Choose the Lead Participant radio button and click Save. • Every application must have a Lead Participant even if it is an individual application with no Non-Lead Participants.

If the Participant Search List does not contain your Applicant/Participant name:

1. Click on Add New Applicant/Participant.

2. Enter the Applicant/Participant Name as it appears on the Resolution. Do not include the department or unit name. Do not enter your personal name. • List county names with the name first followed by the word “County,” e.g., “Sacramento County.”
• List city names as “City of” followed by the city’s name, e.g., “City of Sacramento.”

3. Complete all required fields then click Save.

For Regional, or Joint Powers Authority Applications, add the name of each eligible Non-Lead Participant and select the Participating Jurisdiction radio button.

For a list of eligible applicants, please see the Grant Cycle Overview section titled “Eligible Applicants.”
Detail Tab
Complete this tab as follows:

1. Enter a dollar amount in the Grant Funds Requested field. Do not exceed the maximum grant award amount provided to you.

2. Enter the Assembly Districts and Senate Districts. To select more than one district hold the “Ctrl” key while selecting the numbers.

3. Enter the applicant’s Department Name, e.g., “General Services.” If the applicant does not have a department, enter the applicant’s name.

4. Enter the grant payment mailing address.

5. Project Summary/Statement of Use: Enter a detailed description of your project.

6. Select the appropriate option for the Resolution Requirement and optional Letter of Designation.

7. Select the appropriate answer for Program Questions.

Contacts Tab
CalRecycle requires the application to have only one Primary Contact and at least one Signature Authority. Each application contact may be granted access by checking the box on the top of the contact’s detail screen. The contact will be able to log in to GMS using their own CalRecycle WebPass and access the application.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 10 • Primary Contact. One person who the Signature Authority or their designee has authorized to manage and oversee the grant. This person will be the first contact with whom the Grant Manager will communicate.
• Signature Authority. The person(s) authorized to sign CalRecycle documents, such as grant applications, grant agreements, etc., as authorized by a board/council-adopted Resolution or Letter of Designation. • Secondary Contact. A person authorized (by the Primary Contact or Signature Authority or their designee) as the alternate person with whom the Grant Manager will communicate. (Not required.)
• Consultant. A professional who provides advice in an area of expertise. If CalRecycle awards a grant to the applicant, the consultants may manage the grant or only conduct specific activities, based on a written agreement between the applicant and the consultant outlining work to be performed. (Not required.) Budget Tab
Select the applicable budget category and enter the dollar amount provided in the 1383 Local Assistance Grant Program Funding Estimates spreadsheet (URL) and detailed budget detail information. The total must equal the Grant Funds Requested amount shown on the Detail tab.

Documents Tab
See the Application Documents section in the Summary tab for documents that must be uploaded in the Documents tab.

When uploading a document, enter a document title, select the appropriate document type from the drop-down list, and enter the date that it was executed/signed, if applicable, or select “today’s date.” Utilizing a document form other than the official CalRecycle versions, tampering with the CalRecycle version, or otherwise circumventing imposed character limits may subject the applicant to disqualification.

Application Submittal and Deadline
The Submit Application button located in the Summary tab will be enabled after all required documents have been uploaded.

Click the Submit Application button and the application status will change to Submitted. You can only submit the application once; however, you may upload the following documents until the secondary due date: Resolution, Letter of Designation, Letters of Authorization, and JPA Agreements.

You must submit your application no later than 11:59 p.m. on February 1, 2022.

Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected] or calling Melissa Sanford at (916) 341-6104.

Note: Applications that are not submitted by the due date will be deleted from GMS.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 11 Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program), and cannot be completed using the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” function, is considered incomplete and may be sent back to the applicant.

Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to GMS. Retain the original document for potential CalRecycle audits. See Audit Considerations section of the Procedures and Requirements document for more information.

If you have questions, email [email protected].

CalRecycle Documents Altered or reproduced CalRecycle documents or templates may result in automatic disqualification of your application. Unless a document specifies that it may be reproduced as necessary, do not alter CalRecycle documents. If you are having trouble with a document, email [email protected] or call Melissa Sanford at (916) 341-6104.

Below is a list of CalRecycle documents:

Application Certification
The Application Certification is a required application document that must be generated from GMS.

After you have completed each tab of the application and uploaded the required documents, generate the Application Certification from the Summary tab. Once the Application Certification is signed, upload it to the Documents tab.

Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application.

Note: For Resolution, Letter of Authorization, and Letter of Designation templates refer to the CalRecycle Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. CalRecycle staff are available to answer questions about the Resolution or to review your draft Resolution to ensure it meets the requirements of the grant program. You may upload the Resolution to your application as a “Draft Resolution,” or, for immediate review, email it to [email protected].

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 12 Individual Application Authorization Documents:

If subject to a governing body the applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and your application will be moved to the second funding round. The Resolution must:

1. Authorize submittal of an application for one or more specifically named CalRecycle grant(s), payment programs, or for all CalRecycle grants or payment programs for which the applicant is eligible.

2. Identify the time period, up to five years, during which the authorizations are valid. a. Five years is encouraged; however, periods of less than five years are acceptable.

3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all grant-related documents necessary to implement and close-out the grant(s).
a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.

Regional Application Authorization Documents:

Lead Participant
Applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and your application will be moved to the second funding round.

The Resolution must:

1. Authorize submittal of a Regional Application on behalf of itself as Lead Participant and all other Non-lead Participants for a specifically named CalRecycle grant or payment program.

2. Identify the time period, up to five years, during which the authorizations are valid. a. Five years is encouraged; however, periods of less than five years are acceptable.
i. A Resolution that is valid for more than one year must contain either:

1. A list of all potential jurisdictions that may serve as Non-Lead Participants, or

2. A provision that the Signature Authority may alter the list of Non-Lead Participants for each grant cycle.

3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all grant-related documents necessary to implement and close-out the grant(s).
a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 13 Non-Lead Participant
The Non-Lead Participant prepares the Letter of Authorization (LOA) and gives the Lead Participant authorization to apply for and to act on its behalf in the implementation and administration of the grant or payment program.

Applicant must submit a Letter of Authorization no later than the secondary due date or CalRecycle will remove the Non-Lead Participant(s) from the application.

The LOA must:

1. Be on the Non-Lead Participant’s official letterhead.

2. Specify grant or payment program name.

3. Be valid for as long as the Lead Participant’s Resolution, not to exceed five years; otherwise, the participating entity must date the letter within the last 12 months.

4. Authorize the Lead Participant to submit a Regional Application and act as Lead Agency on behalf of the Non-Lead Participant.

5. Authorize the Lead Participant to execute all documents necessary to implement the grant or payment program.

6. Be signed by an individual authorized to contractually bind the Non-Lead Participant.

Joint Powers Authority Agreement
Joint Powers Authorities (JPA) must upload a copy of their JPA Agreements giving them authority to conduct the project, listing all member entities, and containing the signature of all members. CalRecycle does not require Letters of Authorization for JPA applicants. A JPA applicant must still upload a Resolution as a part of their application and list all JPA members as Non-Lead Participants on the Applicant/Participant tab.

Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person.

The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.

The LOD must:

1. Be on the applicant’s letterhead.

2. Include the job title of the designee and the scope of the designee’s authority.

3. Include the time period during which the designee may exercise the authority.

4. Be signed by the Signature Authority.

The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2022, then the Letter of Designation may not be effective beyond December 31, 2022. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 14 Grant Review and Award Process
Grant Application Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.

Grant Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; tentatively scheduled for April 1, 2022 and September 1, 2022. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested.

CalRecycle reserves the right to not award any grant funds under one or more cycles.

Grant Award Conditions
If recommended for award, this grant will be subject to the following condition:

1. The recommended grantee for round one funding must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle, by March 1, 2022.

2. The recommended grantee for round two funding must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle, by August 15, 2022.

Failure to comply with the above condition will void the grant award.

Applications Guidelines and Instructions
SB 1383 Local Assistance Grant Program, (FY 2021–22) 15 Grant Program Administration
Application Certification
The Application Certification will be the Grant Agreement that binds the Grantee to CalRecycle’s requirements as outlined in the documents below. These documents shall guide the grantee’s administration of the grant project.

Following CalRecycle’s approval of the grant awards, CalRecycle will email grantees the information below.
• Award email
• Exhibit A: Terms and Conditions
o Contain CalRecycle standard legal requirements for grants • Exhibit B: Procedures and Requirements
o Contain specific requirements for administering this grant, including but not limited to project, reporting, and audit requirements Reporting Process
CalRecycle requires grantees to report on the progress and expenditures on a bi-annual basis. The Procedures and Requirements document contains reporting information and deadlines.

Note: This requirement is subject to change at CalRecycle’s discretion.

Payments
Funds must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the funds is not required. All interest accrued and received from the funds shall be used only for eligible expenses related to the performance of this Agreement.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Alexander J. Henderson, ICMA-CM REVIEWED BY: AP AGENDA ITEM: American Rescue Plan Funding – Final Rule Update ACTION REQUESTED: ___Ordinance __ Resolution ____Motion _Receive/File

EXECUTIVE SUMMARY
In addition to funding households, small businesses and schools, the American Rescue Plan Act (ARPA) provides relief funds to state, local, and tribal governments that have been negatively impacted by the coronavirus pandemic. The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. These funds can be used by governments to respond to the public health and economic emergency, provide premium pay to essential workers, replace revenue lost due to the pandemic, and make necessary investments in water, sewer and broadband infrastructure. Kingsburg’s allocation is $2,896,491 (50% received in June 2021).

Council held a workshop on July 28, 2021 to brainstorm ideas for utilization of the funds. Since that time, staff has performed research to determine the eligibility of all projects discussed. More importantly, we have been awaiting the Final Rule from the Dept. of Treasury, which provides the final guidance on how funds can be utilized by the city. The Treasury released the Final Rule on January 6, 2022. The final rule takes effect on April 1, 2022.

Attached is an updated synopsis of the ideas and any comments/notes stemming from our original workshop, including new notes stemming from the final rule.

Final Rule Changes Impacting Kingsburg

1. A new determination for how local government revenue loss is determined. Localities can utilize two potential formulas for calculating revenue loss. The first allows a “standard formula” of up to $10M. - This is particularly important for us because the standard amount is above our total allocation. This makes reporting easier and gives much more flexibility to how funds are allocated. - Any general government service provided is eligible up to this threshold (e.g. purchase of vehicles).

2. Employee Hiring and Recruitment Efforts
- Maintaining current compensation levels to prevent layoffs. - Worker retention incentives, including reasonable increases in compensation.

3. Presumptions for Capital Expenditures
- Capital expenditures subject to same “related and reasonably proportional” standard as other uses. - May need to provide written justification (not pre-approval) for any projects over $1M. Must explain why the project is appropriate. For example, fiber optic infrastructure funded via APRA is eligible as it helps address the existing infrastructure deficiencies that have been exacerbated by increased work from home/school requiring internet.

4. Expansion of eligible uses for water, sewer and broadband projects Meeting Date: 01/19/2022
Agenda Item: 6.3

- Stormwater projects do not necessarily require a water quality component. Existing culvert repair or upsizing would be eligible.
- Identifies eligible broadband projects, including emphasis on build-out of fiber optic.

Non-eligible Uses

1. Contributions to Pensions
- Note: this does not include regular pension obligations through existing employee payroll. It refers to paying down unfunded liabilities (UAL).

2. Cannot use for debt service

3. Cannot use for replenishing rainy day funds (not needed for Kingsburg) The final rule also identifies an updated reporting requirement. Our first report is now due by April 30, 2022 (additional guidance forthcoming).

At this time, staff is providing an update on the final rule and projects that have been discussed to date. We recommend holding additional public workshop(s) to review the final rule as it aligns with our initial conversation of projects. Council will have the final say on how funds are spent during regular budget meetings and adoption of future budgets.

RECOMMENDED ACTION BY CITY COUNCIL

1. Informational only. Council may provide direction.

POLICY ALTERNATIVE(S)

1. N/A
STRATEGIC GOAL(S) MET:

1. Improve Community Communication

2. Ensure Financial Stability

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Final Rule Webinar Slides

2. Final Rule Overview

3. ARPA Workshop Funding Ideas (Updated)
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Varies

3. If Budgeted, Which Line? Varies

AN INTRODUCTION TO THE
Final Rule: Coronavirus State and
Local Fiscal Recovery Funds

FOR RECIPIENTS AND STAKEHOLDERS
January 2022
2 About this Webinar
The U.S. Department of the Treasury is providing this webinar, the State and Local Fiscal Recovery Funds contact channels, and other resources for informational purposes.

The descriptions provided in this document are non-exhaustive, do not describe all terms and conditions associated with the use of Coronavirus State and Local Fiscal Recovery Funds, and do not describe all requirements that may apply to this funding.

Any award from the Coronavirus State and Local Fiscal Recovery Funds will be subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the Final Rule and guidance that implements this program.

Recipients should note that Treasury does not pre-approve specific projects under the Coronavirus State and Local Fiscal Recovery Funds; each recipient should review the final rule to make its own assessment of whether its intended projects meets the eligibility criteria in the rule.

U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds 3 Overview: Key Objectives of This Funding
The Coronavirus State and Local Fiscal Recovery Funds deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and lead a strong, resilient, and equitable recovery.

Key objectives of this funding:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts
• Maintain vital public services, even amid declines in revenue resulting from the crisis • Build a strong, resilient, and equitable recovery by making investments that support longterm growth and opportunity U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds 4 Overview: Early Program Implementation
The Coronavirus State and Local Fiscal Recovery Funds deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and lead a strong, resilient, and equitable recovery.

Early program implementation:
• Over $245 billion disbursed to state, local, and Tribal governments, with over 99 percent of funds available in 2021 in the hands of governments across the country, as of today • Recipients have used SLFRF funds to meet immediate pandemic needs and make investments in long-term growth and opportunity for their communities, with examples including:
– Supporting the public health response: testing and vaccination clinics, expansion of rapid testing, vaccination incentive programs, distribution of PPE, contact tracing operations & COVID19 mitigation in congregate settings – Strengthening the economic recovery: youth jobs programming, jobs and workforce training for dislocated workers, technical support to small businesses in underserved communities, creation and preservation of affordable housing, rental assistance, expansion of childcare, education programs for disproportionately impacted communities & rehiring government workers – Making longer term investments: expanding high-speed broadband access to unserved and underserved communities
• Treasury has carefully considered feedback from recipients and stakeholders, including over 1,500 comments, and hundreds of meetings and correspondence with recipients and stakeholders U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds 5 Important Note: Projects Already Underway in SLFRF Program • The final rule takes effect on April 1, 2022
• If a use of funds complies with the final rule, Treasury will not take action to enforce the interim final rule, regardless of when the funds were used (e.g., if the IFR would not permit that use of funds); recipients can take advantage of the expanded flexibilities in the final rule now
• Until April 1, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds For more, please see the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule 6 Reminder: Four Key Eligible Use Categories
The American Rescue Plan provides four major categories of eligible uses to tackle the broad range of public health and economic challenges caused or exacerbated by the COVID-19 emergency. • Providing government services up to the amount of revenue loss due to the pandemic Public Sector
Revenues
• Responding to COVID-19’s public health impact, along with its economic harms
Public Health &
Economic Response
• Offering additional support to workers who bear the greatest health risks because of their service in critical sectors Premium Pay for
Essential Workers
• Providing funding to critical water and sewer projects, along with high-speed broadband infrastructure
Water, Sewer &
Broadband
Infrastructure
1 2
3 4
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Recipients have requested greater flexibility, simplicity & clarity in the final rule to respond to new pandemic needs and make transformative investments 7 Approach to the Final Rule
Treasury’s final rule provides greater flexibility and simplicity for recipients to turn the tide on the pandemic, maintain vital public services amid revenue shortfalls, and build a strong, resilient, and equitable recovery.

KEY NEW FEATURES IN THE FINAL RULE
• Major simplification for thousands of recipients through the $10 million revenue loss standard allowance Public Sector Revenues
• Providing a broader set of eligible uses for impacted and disproportionately impacted populations
• Clarifying that reasonably proportional capital expenditures may be allowable (e.g., affordable housing, hospitals)
Public Health &
Economic Response
• Streamlining options to provide premium pay by broadening the share of essential workers who can receive premium pay without a written justification
Premium Pay for
Essential
Workers
• Expanding water and sewer projects that are eligible
• Broadening eligible broadband investments to allow recipients to address access, affordability & reliability challenges
Water, Sewer &
Broadband
Infrastructure
1 2
3 4
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds 8 ✓ Construction of schools and
hospitals
✓ Road building and maintenance,
and other infrastructure
✓ Health and other services
✓ Environmental remediation
✓ Provision of police, fire, and other
public safety services (including
purchase of fire trucks and police
vehicles)
Replace Public Sector Revenue Loss
Recipients may use these funds to provide government services, up to the amount of revenue loss experienced due to the COVID-19 public health emergency. • Determine revenue loss, using one of two available options:
– Elect “standard allowance” of up to $10 million to spend on government services through the life of the program, which greatly simplifies the program for small localities – Calculate actual revenue loss according to Treasury formula » Calculate revenue loss either on a calendar or fiscal year basis » Must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after January 6, 2022, to more accurately reflect revenue loss due to the pandemic
• Spend on government services up to the revenue loss amount – Government services generally include any service traditionally provided by a government unless Treasury has stated otherwise, such as:
1 2
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds A
B
Public Sector
Revenues
1 NEW
NEW
NEW
9 Respond to COVID-19’s Public Health and Economic Impacts Recipients may use these funds to respond to a broad range of public health and economic impacts of the pandemic for households, communities, businesses, and the public sector. • Public health impacts
• Negative economic impacts, including assistance to:

Eligible Use
Categories 1
• To identify eligible uses of funds, recipients should generally:

1. Identify a public health or economic impact to an individual or a class

2. Design a related and reasonably proportional response (e.g., a program, service, or capital expenditure)
• For convenience, Treasury has provided a non-exhaustive list of eligible uses and populations presumed eligible to receive these services
• Recipients may identify additional eligible uses beyond those enumerated by Treasury based on the standards provided in the rule Determining
Eligible Uses 2
✓ Households
✓ Small businesses
✓ Non-profits
✓ Impacted industries
✓ Public sector capacity and
workforce
Public Health and
Economic Response
2 10
Support the Public Health Response
Recipients may use these funds to support their COVID-19 public health response. • A very broad range of services and programming that are needed to contain COVID-19, including vaccination and testing programs and other COVID mitigation tactics
• May include certain capital expenditures, such as medical facilities generally dedicated to COVID-19 treatment & mitigation COVID-19 Mitigation
& Containment 1
• A broad range of prevention, treatment, harm reduction, and recovery services that may be needed to meet mental health, substance use, and other behavioral health needs
• May include certain capital expenditures, such as behavioral health facilities & equipment
Behavioral
Healthcare 3
• Responses to communities that experienced an increase in violence, particularly gun violence
• Includes community violence intervention programs &
enforcement efforts to reduce gun violence
Preventing &
Responding
to Violence
4 • Expenses to households, medical providers, or others that incurred medical costs due to the pandemic
• Includes unreimbursed expenses for COVID-19 testing or treatment & emergency medical response expenses
2 Medical Expenses
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 11
Provide Assistance to Households
Recipients may use these funds to respond to the negative economic impacts of the COVID-19 public health emergency on households and communities.

Impacted households are those that have
experienced an impact from the COVID-19
pandemic.

Treasury presumes that the following households
are impacted:
✓ Low- and- moderate income (LMI) households,
defined as those at or below 300% of FPG or
65% of AMI
✓ Households experiencing unemployment or
food or housing insecurity
✓ Households that qualify for certain federal
programs
Impacted Households Disproportionately Impacted
Households
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 Disproportionately impacted households are those that have experienced a disproportionate impact from the
COVID-19 pandemic.

Treasury presumes that the following households are
disproportionately impacted:
✓ Low income (LI) households, defined as those at or
below 185% of FPG or 40% of AMI
✓ Households located in QCTs
✓ Households receiving services from Tribal govs
✓ Households residing in the U.S. territories or
receiving services from territorial governments
✓ Households that qualify for certain fed programs
Recipients can identify other impacted or disproportionately impacted households, beyond those presumed eligible NEW
NEW
NEW
NEW
12 Provide Assistance to Households
Recipients may use these funds to respond to the negative economic impacts of the COVID-19 public health emergency on households and communities.

All impacted households, including households
presumed impacted by Treasury, are eligible for uses
that respond to the impact.

Over a dozen eligible uses, including:

Impacted Households Disproportionately Impacted
Households
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 All disproportionately impacted households, including households presumed disproportionately impacted by
Treasury, are eligible for uses that respond to the
impact & the disparities that led to the
disproportionate impact.

Many additional eligible uses, including:
✓ Addressing health
disparities: e.g.,
community health
workers, lead
remediation, health
facilities
✓ Investments in
neighborhoods to
promote health outcomes
✓ Addressing educational
disparities: e.g., enhanced
funding to high-poverty
schools & educational
facilities
✓ Improvements to
vacant and abandoned
property NEW
✓ Food assistance
✓ Re-employment and
job training
✓ Rent, mortgage, or
utility assistance &
Internet subsidies
✓ Cash assistance
✓ Health insurance
coverage expansion and
paid sick & family leave
✓ Financial services for
unbanked and
underbanked
✓ Affordable housing
development and
permanent supportive
housing
✓ Childcare, early
learning, and addressing
learning loss for K-12
students NEW
NEW
NEW
NEW
13 Provide Assistance to Small Businesses
Recipients may use these funds to respond to the negative economic impacts of the COVID-19 public health emergency on small businesses.
✓ To assess which small businesses were
impacted, recipients may consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ And more
✓ Eligible uses include:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits
✓ Technical assistance, counseling or
other services to support business
planning
Impacted Small Businesses Disproportionately Impacted
Small Businesses
✓ SB presumed disproportionately impacted:
✓ Operating in QCTs
✓ Operated by Tribal governments or on
Tribal lands
✓ Operating in the U.S. territories
✓ Eligible uses include:
✓ Rehabilitation of commercial properties,
storefront & façade improvements
✓ Technical assistance, business incubators
& grants for start-up or expansions
✓ Support for microbusinesses (e.g.,
childcare, transportation)
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 NEW
NEW
NEW
14 Provide Assistance to Non-Profits
Recipients may use these funds to respond to the negative economic impacts of the COVID-19 public health emergency on non-profits.
✓ To assess which nonprofits were impacted,
recipients may consider:
✓ Decreased revenue (e.g., lower donations
or fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ And more
✓ Eligible uses include :
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services to mitigate negative economic
impact
Impacted Non-Profits Disproportionately Impacted
Non-Profits
✓ Non-profits presumed disproportionately
impacted:
✓ Operating in QCTs
✓ Operated by Tribal governments or on
Tribal lands
✓ Operating in the U.S. territories
✓ Eligible uses include:
✓ Responses that are related and
reasonably proportional to addressing
disparities that led to disproportionate
impacts
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 NEW
NEW
15 • Designating an impacted industry
– If industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.
– If industry is outside the sectors above, the industry is impacted if it either:
» Experienced at least 8 percent employment loss from pre-pandemic levels, or » Is experiencing comparable or worse economic impacts as the national travel, tourism, and hospitality sectors as of the date of the Final Rule and the impacts resulted from the COVID-19 public health emergency
• Provide eligible aid to the impacted industry
– Many eligible uses, including:
– Aid limited to entities operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic
Provide Aid to Impacted Industries
Recipients may use these funds to provide aid to impacted industries. ✓ Aid to mitigate financial hardship,
such as supporting payroll costs
✓ COVID-19 mitigation and infection
prevention measures
✓ Technical assistance, counseling or
other services to support business
planning
1 U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 NEW
2 16
• Public safety, public health, and human services staff – Payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government through the period of performance – Limited to the portion of the employee’s time spent responding to COVID-19, though public health and safety staff primarily dedicated to COVID-19 response may be fully covered; recipients can use reasonable estimates to determine share of employee time • Government employment & rehiring public sector staff
• Effective service delivery
✓ Supporting use of evidence, program
evaluation, data, and outreach
✓ Providing administrative expenses for
administration of programs that
respond to COVID-19
✓ Address administrative needs caused or
exacerbated by the pandemic (e.g.,
backlogs from pandemic shutdowns,
adapting government operations to the
pandemic)
Restore and Bolster Public Sector Capacity
Recipients may use these funds to restore and bolster public sector capacity, which supports governments’ ability to deliver critical COVID-19 services. ✓ Restoring employment by hiring up to

7.5% above pre-pandemic baseline
✓ Funding for employees who
experienced pay reductions or were
furloughed
✓ Maintaining current compensation
levels to prevent layoffs
✓ Worker retention incentives, including
reasonable increases in compensation
1 2
3 U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 NEW
NEW
NEW
17 The final rule provides clarity for recipients to use SLFRF funds to invest in capital expenditures as part of their public health or economic response. • Overall eligibility requirements
– Capital expenditures subject to same “related and reasonably proportional” standard as other uses – Recipients other than Tribal governments must complete Written Justification (WJ) for capital expenditures at or over $1 million
» WJ requires recipients to explain why a capital expenditure is appropriate and why the proposed capital expenditure is superior to alternatives
» Depending on project size, recipients may be required to submit WJ with reporting; no pre-approval • Presumptions for capital expenditures
Invest in Capital Expenditures
1 2
Projects presumed eligible, provided the above
requirements are met:
✓ Testing labs and equipment
✓ Emergency operations center & equipment
✓ Affordable housing
✓ Childcare facilities
✓ Schools (for Disproportionately Impacted
communities)
✓ Primary care health clinics and hospitals (for
Disproportionately Impacted communities)
Projects generally presumed to be ineligible:
× Construction of new correctional facilities
as a response to an increase in rate of
crime
× Construction of new congregate facilities
to decrease spread of COVID-19 in facility
× Construction of convention centers,
stadiums or other large capital projects
for general economic development or aid
to impacted industries
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 NEW
18 Recipients may use these funds to invest in eligible uses beyond those specifically listed as eligible by Treasury.

Invest in Eligible Uses Beyond Those Enumerated
Identify COVID-19 public health or
economic impact
Design a response to address the
identified impact
• Can identify impact to a specific
household, business or nonprofit – or to a class (e.g., group) • Can also identify
disproportionate impacts, or
more severe impacts, to a
specific beneficiary or to a class
• Response should be related and
reasonably proportional to the
harm
• Response should also be
reasonably designed to benefit
impacted individual or class
1 2
Step:

Analysis:

U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Public Health and
Economic Response
2 19
Provide Premium Pay for Essential Employees
Recipients may use this funding to provide premium pay to eligible workers performing essential work, either in public sector roles or through grants to third-party employers.

Example professions and sectors eligible:
✓ Staff at nursing homes, hospitals,
and home-care settings
✓ Public health, safety, and emergency response
✓ State, local, and Tribal government workforce
✓ Workers at food production facilities, grocery
stores, restaurants, and food delivery services
✓ Janitors and sanitation workers
✓ Truck drivers, transit staff, and warehouse
workers
✓ Public health and safety staff
✓ Childcare workers, educators, and school staff
✓ Social service and human services staff
✓ Additional sectors designated by recipients
• Eligible workers are those in critical
infrastructure sectors
• Essential work involves regular in-person
interactions or physical handling of items
handled by others
• Pay must respond to worker needs:
– Serves workers who:
» Earn at or below 150 percent of
their state or county’s average
annual wage, or
» Are not exempt from Fair Labor
Standards Act overtime rules
– Or recipient provides written
justification of how it meets needs
1 2
3 Pay can be flexibly awarded up to $13 per hour in installments or lump sums to hourly, part time, or salaried/non-hourly workers, and may not exceed $25,000 for any single worker during the program U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Premium Pay for
Essential Workers
3 NEW
20 • Additional projects eligible under Final Rule
include:

Build Water and Sewer Infrastructure
Recipients may use these funds to make a broad range of necessary investments in water and sewer infrastructure.
• Projects eligible under the EPA’s State Revolving
Funds, including:
1 2
✓ Construction of publicly owned treatment works
✓ Decentralized wastewater treatment systems
construction, upgrades & repair
✓ Management & treatment of stormwater or
subsurface drainage water
✓ Water conservation, efficiency, or reuse
measures
✓ Reuse or recycling of wastewater, stormwater, or
subsurface drainage water
✓ New facilities to improve drinking water quality
✓ New sources to replace contaminated drinking
water or increase drought resilience
✓ Green infrastructure
✓ Storage of drinking water
✓ New community water systems
✓ Lead service line replacement
✓ Broad suite of additional lead remediation
activities, including lead testing and lead
service line replacement (including
replacement of faucets, fixtures, and
internal plumbing in schools and childcare
facilities)
✓ Additional stormwater infrastructure,
including culvert repair, resizing and
removal, and replacement of storm sewers
✓ Residential wells
✓ Certain dam and reservoir rehabilitation
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Water, Sewer &
Broadband
Infrastructure
4 Examples of
Clean Water
State
Revolving
Fund Projects
Examples of
Drinking Water
State
Revolving
Fund Projects
NEW
21 • Identify an eligible area for investment
– Recipients are encouraged to invest in locations without reliable wireline service of at least 100/20 Mbps speed, but are broadly able to invest in locations where recipient has identified need for additional investment
– Such need can include lack of access to high speeds, affordability & reliability • Design project to meet high-speed technical standards – Deliver reliable high-speed service of minimum 100 Mbps symmetrical speeds unless impracticable
• Require enrollment in a low-income subsidy program
– Recipients must require service providers for a broadband project that provides service to households to either:

Build Broadband Infrastructure
Recipients may use these funds to make a broad range of necessary investments in broadband infrastructure, in order to meet access, affordability, and other challenges. 1 2
✓ Participate in the FCC’s Affordable
Connectivity Program
✓ Provide access to a broad-based,
low-income affordability program
commensurate to the Affordable
Connectivity Program
3 Flexibility in eligible areas for investment complements IIJA broadband funding; recipients are also able to invest in cybersecurity for broadband infrastructure regardless of service delivery standards U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Water, Sewer &
Broadband
Infrastructure
4 NEW
NEW
22 Restrictions on Use
The final rule maintains the IFR’s restrictions on use with additional clarifications.

Net Reduction in
Tax Revenue 1
Deposits into
Pension Funds 2
Other
Restrictions
on Use
3 For states and territories:
• SLFRF may not be used to directly or indirectly offset a reduction in net tax revenue resulting from a change in state or territory law, as required by the American Rescue Plan
For all recipients except for Tribal governments:
• SLFRF may not be used for deposits into pension funds, as required by the American Rescue Plan
• A “deposit” is defined as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability • Recipients may use funds for routine payroll contributions to pensions of employees whose wages and salaries are an eligible use
For all recipients:
• Funds may not be used for debt service, replenishing rainy day funds/financial reserves, or satisfaction of a settlement or judgment • Uses of funds may not undermine COVID-19 mitigation practices in line with CDC guidance and recommendations
• Uses of funds may not violate Uniform Guidance conflict-of-interest requirements or other applicable laws
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds 23 Non-Federal Match and Cost-Share Requirements
The final rule provides clarity on use of SLFRF funds to meet non-federal match and cost-sharing requirements of other federal programs.

U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds • Funds available under the “revenue loss” eligible use category generally may be used to meet the non-federal cost-share or matching requirements of other federal programs – However, note that SLFRF funds may not be used as the non-federal share for purposes of a state’s Medicaid and CHIP programs, even under the “revenue loss” category • SLFRF funds beyond those that are available under the “revenue loss” eligible use category above may not be used to meet the non-federal match or cost-share requirements of other federal programs other than as specifically provided for by statute (e.g., the Infrastructure Investment and Jobs Act for Bureau of Reclamation and certain broadband deployment projects)
24 Note on Reporting
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Recipients Requirements
Quarterly
Reports Due
January 31
Recipients required to submit quarterly reports:
• States and territories
• Metropolitan cities and counties with
population over 250,000
• Metropolitan cities and counties with
population less than 250,000 that received an
award of more than $10 million
• Tribal governments that received an award of
more than $30 million
• Recipients should rely on reporting
guidance and user guide issued by
Treasury
• Portal will reflect certain final rule
changes, including information on
capital expenditures as part of public
health and economic response, fiscal
year revenue loss calculation, standard
allowance election, & expanded
flexibility in premium pay
Quarterly and
Annual
Reports Due
April 30
All recipients above, who are required to submit
quarterly reports, as well as recipients required to
submit annually, which include:
• Metropolitan cities and counties with
population less than 250,000 that received an
award less than $10 million,
• Tribal governments that received an award less
than $30 million
• Nonentitlement units of government
• Treasury will issue additional reporting
guidance ahead of reports due April 30
Recipients should consult Treasury’s reporting guidance and user guide for their reporting. 25 Thank you, and
time for Q&A.

For More Information:

Please visit Treasury’s State & Local website
at www.treasury.gov/SLFRP
To Request Funding:

Please visit www.treasury.gov/funding
For Media Inquiries:

Please contact the U.S. Treasury Press Office
at (202) 622-2960
For General Inquiries:

Please email [email protected]
U.S. Department of the Treasury, Coronavirus State & Local Fiscal Recovery Funds Coronavirus State & Local
Fiscal Recovery Funds:

Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
2 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions.

The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program. 3 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Contents
Introduction ..................................................................................................................................................4 Overview of the Program..............................................................................................................................6 Replacing Lost Public Sector Revenue ..........................................................................................................9 Responding to Public Health and Economic Impacts of COVID-19.............................................................12 Responding to the Public Health Emergency..........................................................................................14 Responding to Negative Economic Impacts............................................................................................16 Assistance to Households ...................................................................................................................17 Assistance to Small Businesses...........................................................................................................21 Assistance to Nonprofits.....................................................................................................................23 Aid to Impacted Industries..................................................................................................................24 Public Sector Capacity.............................................................................................................................26 Public Safety, Public Health, and Human Services Staff .....................................................................26 Government Employment and Rehiring Public Sector Staff...............................................................27 Effective Service Delivery....................................................................................................................28 Capital Expenditures...............................................................................................................................30 Framework for Eligible Uses Beyond those Enumerated .......................................................................32 Premium Pay...............................................................................................................................................35 Water & Sewer Infrastructure ....................................................................................................................37 Broadband Infrastructure ...........................................................................................................................39 Restrictions on Use .....................................................................................................................................41 Program Administration .............................................................................................................................43 4 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.

EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water.

As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders.

KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below.

Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements.

Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.
5 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis.

Further, the final rule provides a broader set of uses available for these communities as part of COVID19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.

Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.

Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.

Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.

FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program.

However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s website, for more information on compliance with the interim final rule and the final rule. 6 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific.

Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s formula, which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for “impacted” and “disproportionately impacted” classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services.
7 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Eligible uses for assistance to impacted households include aid for reemployment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule.

Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working inperson in key economic sectors – who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program.

While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law.
8 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability. • For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations.

Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the “period of performance.” In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information.
9 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency.

Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements.

In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services.

DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made.

1. Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance.

Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF’s smallest recipients.

All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase or decrease a recipient’s total allocation.

2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule.

Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule.

To calculate revenue loss at each of these dates, recipients must follow a four-step process:
10 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date:
𝑏𝑎𝑠𝑒 𝑦𝑒𝑎𝑟 𝑟𝑒𝑣𝑒𝑛𝑢𝑒 × (1 + 𝑔𝑟𝑜𝑤𝑡ℎ 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)
𝑛
12 The growth adjustment is the greater of either a standard growth rate—5.2 percent—or the recipient’s average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date.

Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022.

Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue (adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.

Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date.

The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section. 11 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.
12 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts.

The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.

In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted.

To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a nonexhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that experienced pandemic impacts and provide services to those classes. 1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section. 13 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions
• Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact. 2 Then, recipients should refer to the relevant
section for more details on each sub-category.

While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on “Framework for Eligible Uses Beyond Those Enumerated.” 2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact.
14 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.

Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
✓ Public telemedicine capabilities for COVID19 related treatment 15 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’ behavioral health and recipients can provide these services to the general public to respond.

Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence – has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
16 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery.

The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as “impacted" households, communities, small businesses, and nonprofits.

At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because preexisting disparities exacerbated the impact of the pandemic. The final rule describes these as “disproportionately impacted” households, communities, small businesses, and nonprofits.

To simplify administration of the program, the final rule presumes that certain populations were “impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a nonexhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule.

As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses.
17 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the area’s median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible.

Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury’s standards. 3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year.
18 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newlyemployed workers, subsidized employment, grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfareinvolved families and foster youth & childcare facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement). 19 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5 benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year
20 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds.
21 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.

Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8(which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
8 15 U.S.C. 632.
22 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
23 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees.

Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations.

Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts.
24 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.

Recipients should first designate an impacted industry and then provide aid to address the impacted industry’s negative economic impact.

This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services.

1. Designating an impacted industry. There are two main ways an industry can be designated as “impacted.”

1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.

2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency.

Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted.

2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry. 25 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Treasury recognizes the enumerated projects below as eligible responses to impacted industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated. 26 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government’s ability to deliver critical COVID-19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.

Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government, for the portion of the employee’s time spent responding to COVID-19. Recipients should follow the steps below.

1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees

2. Assess portion of time spent on COVID-19 response for eligible staff.

Recipients can use a variety of methods to assess the share of an employees’ time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position.

For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the 27 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID19. Primarily dedicated means that more than half of the employee, unit, or division’s time is dedicated to responding to COVID-19.

Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours.

3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees’ time spent on COVID-19 response, as calculated above, through the period of performance.

Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted prepandemic baseline. c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic. 28 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee’s pay, taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee’s regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met. • Covering administrative costs associated with administering the hiring, support, and retention programs above.

Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses.
29 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
30 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic.

Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds.

Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic’s public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class.

For ease of administration, the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable subcategory of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no preapproval is required for capital expenditures.

To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically:

If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. 31 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures.

Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets.

Treasury presumes that the following capital projects are generally ineligible:
 Construction of new correctional
facilities as a response to an increase in
rate of crime
 Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
 Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. 32 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible:

Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class

1. Identify a COVID-19 public health or negative economic impact on an individual or a class.

Recipients should identify an individual or class that is “impacted” or “disproportionately impacted” by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate public health or economic outcomes from the pandemic; Treasury recognizes that preexisting disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic.

The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance).

Recipients also have broad flexibility to identify a “class” – or a group of households, small businesses, or nonprofits – that experienced an impact. In these cases, the recipients should 33 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area.

Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients:
o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources.
o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services.

2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced 34 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. “Reasonably proportional” refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.

For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic. 35 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program.

Recipients should undergo the following steps to provide premium pay to eligible workers.

1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity of operations of essential critical infrastructure sectors.” These sectors and occupations are eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions.

2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and • Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by, patients, the public, or coworkers of the individual that is performing the work. 36 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

3. Confirm that the premium pay “responds to” workers performing essential work during the COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker’s duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff.

Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers.
37 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.

Recipients may undertake the eligible projects below:

PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.

PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 38 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.

Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess costeffectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
39 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake.

Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments.

BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure project:

1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment.

Recipients have broad flexibility to define need in their community. Examples of need could include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams.

2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds.

Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives. 40 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs.

CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
41 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply.

OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury.

DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
 Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
 Occur at the regular time for pension
contributions but is larger than a regular
payment would have been

ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.

However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs. • Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that 42 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights). 43 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions.

TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.

TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality’s award and increase the state award amounts.

LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions.

NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the nonfederal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.

SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.

ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs. 44 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury.

Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.

American Rescue Plan Allocation Ideas
Workshop 7/28/2021 Total Votes Eligible? Updated with Final Rule Info *Updated 1/12/2022
Agritourism 2 Yes; under standard allowance
City Hall Remodel 3 Yes; under standard allowance
City Hall Tech 1 Yes; under standard allowance; should wait on infrastructure bill details Dala dollars/Small Business Grants 1 Yes; would need to create program Downtown Strategic Plan Implementation 1 Yes; under standard allowance Future COVID Response 2 Yes ‐ could create drawdown fund for COVID related expenses KPD Family Room 2 Remodel completed
KPD General Remodel 2 Yes; under standard allowance
Replace Lost Revenue 4 Yes; under standard allowance
Non‐Profits (KCAPS/Chamber/Train/Historic Park) 4 Yes; would need to create program Parks (Athwal, BMX, Memorial Restrooms, Sports Complex, Dog) 9 Yes PD Signing Bonus 1 Yes; retention and hiring incentive
Permit/reservation Software 3 Yes; under standard allowance Premium Pay for City Employees 1 Yes
Senior Center (Meals, Kitchen Remodel) 5 Yes; currently utilizing some funding now Small Business Grants/Façade & Outdoor Dining 6 Yes; Supplement existing program (could modify matching amounts) Solar for Water Wells 1 Space for solar is limited
Sustainable Development‐ Eco‐friendly initiatives 1 Likely, depending upon project Utility Debt Forgiveness 2 Utilizing State of CA program Water Efficiency/Consumption Reduction Incentives 2 Yes; under standard allowance (would utilize enterprise funds first) Water Security 1 Determine which locations/cost
Water SGMA; Recharge 3 Yes; under standard allowance (would utilize enterprise and DIF funds first) Water Transmission/Stormwater 1 Yes; under standard allowance Youth Council 2 Yes; under standard allowance
Youth Sports (lost revenue/registration fees) 3 Would need program to determine amounts ‐ similar to grants for small biz Current ARPA Uses
Employee Hazard Pay
Senior Meal Program

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AH AGENDA ITEM: South Kings GSA Developer Impact Fee Study ACTION REQUESTED: ___Ordinance ____Resolution ____ Motion √ Receive/File

EXECUTIVE SUMMARY
The city has adopted developer impact fees (DIF) for new residential and commercial development that in place to offset the specified impact of each fee. These fees are determined based upon counciladopted engineering nexus studies.

As part of the Sustainable Groundwater Management Act (SGMA) requirements, jurisdictions must show net neutral sustainability of groundwater usage. Kingsburg does not have any surface water rights and utilizes wells to pump water from the aquifer. To provide neutrality, the South Kings Groundwater Sustainability Agency (SKGSA) must identify and create basins and connections for recharge purposes. Given new development will have an impact on the amount of groundwater being pumped, a development impact fee is an appropriate mechanism to offset to the costs for these expenditures, instead of placing the burden entirely on utility rate payers.

In 2021, SKGSA engaged a consultant to prepare a study to determine the impact on groundwater recharge related to development projects and to determine an appropriate fee to be assessed to proposed projects to offset this impact. The study has been completed and it is anticipated that it will be considered for approval at the next SKGSA meeting in February. The proposed fees for Kingsburg can be found on the next page as well as in the draft study (attached). The basin fee is based upon a per acre charge of undeveloped area, as well as the type of land use.

Staff is recommending that the council direct the SKGSA representative (Councilmember Hurtado) to approve the fee study as presented during the next SKGSA Board meeting (to be held in February). If adopted by the SKGSA, the council will also need to take formal action to adopt the new fees as part of our fee schedule.

Meeting Date: 01/19/2022
Agenda Item: 6.4

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends Council direct the SKGSA representative (Councilmember Hurtado) to approve the fee study as presented.

POLICY ALTERNATIVE(S)

1. Actions deemed appropriate by Council.

REASON FOR RECOMMENDATION/KEY METRIC

1. Ensure Financial Stability

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None.

FISCAL IMPACT:

1. Is There A Fiscal Impact? Potentially

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A

PRIOR ACTION/REVIEW
None.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHMENTS:

1. Draft DIF Study
South Kings GSA
South Kings GSA Development
Impact Fee
October 2021
Prepared for:

South Kings GSA
Prepared by:

Provost & Pritchard Consulting Group
455 W. Fir Avenue, Fresno, CA 93611

South Kings GSA
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 iii Table of Contents
1 Introduction and Background ...........................................................................................................1-1

1.1 Study Outline ...........................................................................................................................1-1 2 Existing and Projected Conditions.....................................................................................................2-1

2.1 Groundwater, Surface Water, and Land Use...........................................................................2-1

2.1.1 Land Use and Water Balance.......................................................................................2-1

2.1.2 Impacts to Groundwater with Changes in Land Use...................................................2-1

2.2 Population – Historic and Projected ........................................................................................2-2

2.2.1 Historic Population ......................................................................................................2-2

2.2.2 Projected Population...................................................................................................2-3

2.3 Water Demands.......................................................................................................................2-3

2.3.1 Historic Water Demands .............................................................................................2-3

2.3.2 Projected Water Demands..........................................................................................2-4

2.4 Recharge Requirements...........................................................................................................2-5

2.5 Land Use Characteristics..........................................................................................................2-5

2.5.1 Land Use Characteristics..............................................................................................2-5 3 Methodology.....................................................................................................................................3-1

3.1 Basin Costs...............................................................................................................................3-1

3.2 Water Supply Cost....................................................................................................................3-1 4 Del Rey Community Service District..................................................................................................4-1 5 City of Fowler ....................................................................................................................................5-1 6 City of Kingsburg ...............................................................................................................................6-1 7 City of Parlier.....................................................................................................................................7-1 8 City of Sanger ....................................................................................................................................8-1 South Kings GSA
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 iv
List of Figures
Figure 2-1. Agricultural to Urban Land Use Conversion Impacts to Water Balance and Groundwater ...2-2 Figure 2-2. Del Rey CSD Undeveloped Area..............................................................................................2-7 Figure 2-3. City of Fowler Undeveloped Area...........................................................................................2-8 Figure 2-4. City of Kingsburg Undeveloped Area ......................................................................................2-9 Figure 2-5. City of Parlier Undeveloped Area .........................................................................................2-10 Figure 2-6. City of Sanger Undeveloped Area.........................................................................................2-11 Figure 3-1. Methodology Steps.................................................................................................................3-1 List of Tables
Table 2-1. Historic Population (2000-2017)..............................................................................................2-2 Table 2-2. Projected Population (2020-2040, 5-Year Increments) ...........................................................2-3 Table 2-3. Historic Water Demands (2001-2017) .....................................................................................2-4 Table 2-4. Projected Water Demands (2020-2040, 5-Year Increments)...................................................2-5 Table 2-5. Summary of Developed and Undeveloped Area within SOIs...................................................2-6 Table 2-6. Summary of Land Use and Water Use Factors.......................................................................2-13 Table 3-1. Basin Cost per Community.......................................................................................................3-1 Table 4-1. Land Uses for Del Rey Undeveloped Area................................................................................4-1 Table 4-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Del Rey ....................4-1 Table 5-1. Land Uses for Fowler Undeveloped Area.................................................................................5-1 Table 5-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Fowler .....................5-2 Table 6-1. Land Uses for Undeveloped Lands in Kingsburg ......................................................................6-1 Table 6-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Kingsburg.................6-2 Table 7-1. Land Uses for Undeveloped Areas in Parlier............................................................................7-1 Table 7-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Parlier......................7-2 Table 8-1. Land Uses for Undeveloped Lands in Sanger...........................................................................8-1 Table 8-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Sanger .....................8-2 South Kings GSA
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 v
Abbreviations
ac/ac......................................................................................................................................... acres per acre afy.......................................................................................................................................acre-feet per year afy/ac ...................................................................................................................acre-feet per year per acre CID................................................................................................................. Consolidated Irrigation District CSD.....................................................................................................................Community Services District gpcd....................................................................................................................... gallons per capita per day gpd/ac ...................................................................................................................... gallons per day per acre GSA.........................................................................................................Groundwater Sustainability Agency GSP..............................................................................................................Groundwater Sustainability Plan SKGSA................................................................................. South Kings Groundwater Sustainability Agency SOI................................................................................................................................... Sphere of Influence sq ft ...............................................................................................................................................square feet UWMP......................................................................................................... Urban Water Management Plan WUF.....................................................................................................................................Water Use Factor Section One: Introduction
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 1-1 1 Introduction and Background
This study has been prepared to aid the South Kings Groundwater Sustainability Agency (SKGSA or GSA) in evaluating the costs, on a per acre basis, associated with groundwater recharge needs for future development in each of the five communities that comprise the GSA, including Del Rey Community Service District (CSD) and the cities of Fowler, Kingsburg, Parlier, and Sanger. Specifically, the study will provide an analytical basis for the establishment of fees to be paid by developers to mitigate the impacts of groundwater extraction for water use associated with future development. With these fees the communities then assume the primary responsibility for implementing the needed mitigation.

This study summarizes assumptions and data from the South Kings GSA Groundwater Sustainability Plan (GSP) that serve as the technical basis for the groundwater related fees, except when more recent data was available, in which case the updated information is noted.

Once developed, the communities will utilize this information to develop fees to be assessed to future development.

1.1 Study Outline
Section 1: Introduction and Background – the first section provides an explanation of the purpose of the study and expands upon the remaining sections of the study.

Section 2: Existing and Projected Conditions – the second section of the study restates the information presented in the GSP pertaining to historic water demands, projected water demands, anticipated groundwater recharge requirements, and summary of acreages of undeveloped area in each community. This information will be presented in summary but divided by community for clarity of use in later sections.

Section 3: Methodology – the third section presents the methodology of developing the cost (per acre) of developing recharge basins and the associated cost of surface water to be recharged in those basins.

The cost will be presented first, on average for all acreages across the GSA and secondly, on a land use basis. The purpose of the second approach is to understand that higher density land uses have a different water demand than lower density land uses and utilizing the land use designation will account for the difference in water demands and, ultimately, be the basis for the fee development.

Sections 4 through 8: Community Sections – the final sections will utilize the information presented in Sections 2 and 3 and develop costs and fees for each of the five communities.

Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-1 2 Existing and Projected Conditions
The GSP provides a robust discussion and analysis of water demands, impacts to groundwater levels and necessary mitigations related to those items, and the overall water balance for the area; this discussion is not repeated in this study. Reference is made to the GSP for a broader understanding of how future development will impact groundwater and the understood mitigation methods.

2.1 Groundwater, Surface Water, and Land Use

2.1.1 Land Use and Water Balance
In general, typically with the conversion of agricultural land use to urban land use, the following scenarios occur:
• Evapotranspiration and Consumption of water will decrease, • Usable Precipitation also decreases because of hardened surfaces and increased storm water runoff,
• Direct Recharge decreases because of piping or lining canals and ditches, • Deep Percolation decreases because of less surface area being irrigated and less water being applied,
• Surface Water use is typically eliminated as urban/industrial areas use groundwater almost exclusively,
• Significant quantities of Wastewater are generated and often exported outside of the city proper, and
• As Pumped Groundwater becomes the primary source of water for the urban/industrial area, it may or may not show an increase in use over the previously agricultural area depending largely upon the relative volumes of Surface Water and Pumped Groundwater used in the agricultural setting.

Changes to Inflow and Outflow to a groundwater basin occur very slowly, as the rate of water movement in the subsurface is extremely slow. Changes in land use can affect the movement of water into and out of a groundwater basin, but the slow movement of groundwater dampens the effect of these changes and renders the changes difficult to quantify without a great deal of modeling and analysis.

2.1.2 Impacts to Groundwater with Changes in Land Use
As mentioned above, the overall water balance for the Study Area is fully discussed and detailed in the GSP. However, it is important to note the changes to groundwater impacts as a result of changes in land use. Figure 2-1 illustrates the changes in how water moves in an agricultural area versus an urban area.

Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-2 Figure 2-1. Agricultural to Urban Land Use Conversion Impacts to Water Balance and Groundwater

2.2 Population – Historic and Projected

2.2.1 Historic Population
Historic populations from 2000 through 2017 have been provided below for each of the five communities within the GSA. These populations were used to analyze past water demand and help predict future demand in each of the communities.

Table 2-1. Historic Population (2000-2017)
Year Del Rey CSD Fowler Kingsburg Parlier Sanger
2000 950 3,979 9,199 11,145 18,931
2001 1,019 4,138 9,417 11,480 19,465
2002 1,088 4,297 9,635 11,815 19,999
2003 1,157 4,456 9,853 12,150 20,533
2004 1,226 4,615 10,071 12,485 21,067
2005 1,295 4,774 10,289 12,820 21,601
2006 1,364 4,933 10,507 13,155 22,135
2007 1,433 5,092 10,725 13,490 22,669
2008 1,502 5,251 10,943 13,825 23,203
2009 1,571 5,410 11,161 14,160 23,737
2010 1,639 5,570 11,382 14,494 24,270
2011 1,625 5,434 11,221 14,204 23,814
2012 1,455 5,655 11,345 14,439 24,120
2013 1,298 5,785 11,507 14,599 24,393
2014 1,489 5,908 11,582 14,750 24,587
2015 1,457 6,006 11,681 14,870 24,700
2016 1,531 6,083 11,716 14,953 24,741
2017 1,486 6,200 11,794 15,051 24,883
Source:

Population data obtained from the Census and American Community Survey, 5-year estimates for the relevant years.

Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-3

2.2.2 Projected Population
Populations projections were predicted using a few different methods. Del Rey CSD and the City of Fowler’s projected populations were predicted based on a 10-year average growth rate of 0.5% and 2%, respectively. Kingsburg was predicted based on the 2015 Urban Water Management Plan (UWMP) and Sanger was based on the 2035 General Plan. Lastly, Parlier’s growth projections were estimated based on the Fresno County 2050 Growth Projection. Each community’s projected population is shown in Table 2-2.

Table 2-2. Projected Population (2020-2040, 5-Year Increments) Year Del Rey CSD Fowler Kingsburg Parlier Sanger
2020 1,508 6,579 13,700 15,870 27,337
2025 1,548 7,264 14,600 16,640 29,741
2030 1,588 8,019 15,400 17,350 32,357
2035 1,628 8,854 16,300 18,040 35,202
2040 1,668 9,776 17,000 18,700 38,298

2.3 Water Demands
The following subsections provide an understanding of the historic water demands of each community, projected water demands, and the related recharge requirement associated with both, based on land use characteristics. The five communities are solely reliant on groundwater for their water supply.

2.3.1 Historic Water Demands
Past water demands provided below were recorded by each of the communities. This data was used along with the predicted growth rates in the calculation of future water demands within each community. Historic water demands between the years 2001 to 2017 can be seen in Table 2-3.

Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-4 Table 2-3. Historic Water Demands (2001-2017)
Year Del Rey CSD Fowler Kingsburg Parlier Sanger
2001 - - - - 4,545
2002 254 - - - 4,771
2003 307 - 3,737 - 4,821
2004 334 - - - 5,362
2005 238 - 3,695 - 5,242
2006 168 - 4,024 - 5,469
2007 184 - - 3,645 6,095
2008 261 2,143 - 3,359 5,959
2009 327 1,931 - 3,184 5,604
2010 392 1,835 - 2,783 5,366
2011 404 1,984 5,977 2,340 5,393
2012 527 2,088 3,753 2,127 5,848
2013 587 2,227 3,938 2,132 6,275
2014 477 2,027 3,465 1,941 5,787
2015 437 1,698 2,627 1,801 5,177
2016 491 1,994 2,624 1,782 5,389
2017 464 1,869 2,621 1,944 5,188
Notes:

Units are in acre-feet per year (afy).

2.3.2 Projected Water Demands
Based on historic population growth and each community’s average per capita water demand derived from the water demands shown in Table 2-3, the following criteria were used for each community to develop projected water demands through 2040, the planning horizon of this study and the GSP. • Del Rey CSD: 0.5% population growth, 262 gallons per capita per day (gpcd) • Fowler: 2% population growth, 310 gpcd
• Kingsburg: population growth per 2015 UWMP, 259 gpcd
• Parlier: population growth per Fresno County 2050 Growth Projections, 145 gpcd • Sanger: population growth per 2035 General Plan, 176 gpcd Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-5 Table 2-4. Projected Water Demands (2020-2040, 5-Year Increments) Year Del Rey CSD Fowler Kingsburg Parlier Sanger
2020 443 2,282 3,975 2,569 5,389
2025 455 2,520 4,236 2,694 5,863
2030 466 2,782 4,468 2,809 6,379
2035 478 3,071 4,729 2,921 6,940
2040 490 3,391 4,932 3,027 7,550
Notes:

Units are in acre-feet per year.

2.4 Recharge Requirements
The GSA worked with and ultimately executed a surface water agreement with Consolidated Irrigation District (CID) that will provide surface water supplies for the GSA to use to recharge the groundwater aquifer in the future. The purpose of the groundwater recharge is to offset the groundwater extraction by each community. The agreement includes:
• provisions for the GSA to offset 42% of their groundwater extraction (i.e., if the community extracts 1000 afy, the recharge requirement would be 420 afy) • provisions up to a maximum amount of surface water supplies equal to 42% of the total 2040 projected water demands for all five communities
• a cost of the surface water supply of $395 per acre-foot through 2040 The assumed percolation rate for Sanger, Fowler, Kingsburg, and Parlier is 1.0 acre-feet per day per acre; the rate for Del Rey CSD is 0.5 acre-feet per day per acre. These were based on local knowledge in each of the communities and may need to be modified once performance data of recharge basins is further analyzed. Based on the required rate of recharge described above (42% of the groundwater extraction), the projected water demands for each community, and an assumed percolation rate for each community, recharge volumes were developed as shown in Tables 4-2, 5-2, 6-2, 7-2, and 8-2.

2.5 Land Use Characteristics

2.5.1 Land Use Characteristics
Land use characteristics were determined for each of the communities within the GSA. For purposes of this study, the term “undeveloped area” applies to all undeveloped areas within the City limits or District boundary and all areas between the City limits or District boundary and Sphere of Influence (SOI). A summary of the undeveloped area can be seen in Table 2-5 below and on Figures 2-2 through 2-

6. It is important to note that areas between the city and SOI limits for the City of Kingsburg that do not have an assigned land use have not been included in the calculations presented in Sections 4 through 8; additionally, land uses designated as agriculture for Del Rey CSD, Fowler, and Sanger have also not been included in the calculations.

Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group  October 2021 2-6 Table 2-5. Summary of Developed and Undeveloped Area within SOIs Community Total
Undeveloped Area
Agriculture
Designated Area
Area without Land
Use Designation
Adjusted
Undeveloped Area
Del Rey CSD 30.2 26.9 - 3.3
Fowler 3,382.1 - - 3382.1
Kingsburg 1,656.4 - 246.6 1409.8
Parlier 4,293.3 - - 4293.3
Sanger 3,696.6 522.8 - 3173.8
Totals 12,812.0 549.7 246.6 12,262.3
Notes:

Units are in acres.

Furthermore, land uses for the undeveloped areas for each community are discussed in Sections 4 through 8. These undeveloped areas were analyzed alongside water usage factors in the determination of the development impact fee for each respective community. As noted above, area without a land use designation and undeveloped agricultural land use are not included in this report since it will not be a part of the city’s ongoing demand.

E AMERICAN AVE

LINCOLN

E JEFFERSON AVE
NI D
AI N
OLA
S

DEL REY
AVE
0 400 800
Feet
º
Del Rey CSD
Figure 2-2
Land Use in Undeveloped Areas
General Plan Land Use
Medium Density Residential Reserve
Medium Density Residential
Medium-High Density Residential
Central Commercial
Central Commercial Business
Commercial
Limited Light Industrial Reserve
General Industrial Reserve
Industrial General
Industrial Limited
Agriculture
Public Park
School
Post Office
Sewer Treatment
Public Ponding Basin
Boundaries
Del Rey SOI
Undeveloped
10/5/2021 : G:\South Kings GSA - 2731\273120002 - On-Call Services\400 GIS\Map\LandUseReview\Del_ReyAcreage.mxd DE W
OLF

MANNING
CLO
VIS
SOUTH
FO
WLER

CLAYTON

GOLDEN STATE
WALTER
A
R
M
S
T
R
O
N
G
LO
C
A
N

SPRINGFIELD
PEA
C
H

LINCOLN
LEO
N
A
R
D

JEFFERSON
KEN
NET
H
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 1,000 2,000
Feet
º
City of Fowler
Figure 2-3
Land Use in Undeveloped Areas
Land Uses
Low Density Residential
Medium Low Density Residential
Medium Density Residential
Medium High Density Residential
High Density Residential
Neighborhood Commercial
Community Commercial
General Commercial
Light Industrial
Heavy Industrial
Parks and Open Space
Public Facilities
Boundaries
Fowler City Limits
Fowler SOI
10/5/2021 : G:\South Kings GSA - 2731\273120002 - On-Call Services\400 GIS\Map\LandUseReview\FowlerAcreages_v2.mxd

MOUNTAIN VIEW

CARUTHERS
KAMM
A
M
BER
BET
HEL
CONEJO

CLARKSON
M
A
D
SEN

SIERRA ST
No GP Land Use Data
No GP Land Use Data
No GP Land Use Data
No GP Land Use Data
No GP Land Use Data
No GP Land Use Data
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 1,000 2,000
Feet
º
City of Kingsburg
Figure 2-4
Land Uses in Undeveloped Areas
General Plan Land Use
Low Density Residential
Medium Density Residential
Highway Commercial
Light Industrial
Heavy Industrial
RCO
Semi Public
Boundaries
Kingsburg City Limits
Kingsburg SOI
10/4/2021 : \\ppeng.com\pzdata\clients\South Kings GSA - 2731\273120002 - On-Call Services\400 GIS\Map\LandUseReview\KingsburgAcreage.mxd

ZEDIKER
NEW
M
A
R
K
S
MEN
D
O
C
NI O
AVE
S
A
C
A
DEM
Y
AVE

MANNING

E SOUTH AVE
DINUBA
BET
HEL

PARLIER
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 750 1,500
Feet
º
City of Parlier
Figure 2-5
Land Uses in Undeveloped Areas
General Plan Land Use
Low Density Residential
Medium Low Density Residential
Medium Density Residential
High Density Residential
Neighborhood Commercial
Community Commercial
General Commercial
Light Industrial
Heavy Industrial
Parks & Open Space
Public Facilities
Boundaries
Parlier City Limits
Parlier SOI
10/4/2021 : \\ppeng.com\pzdata\clients\South Kings GSA - 2731\273120002 - On-Call Services\400 GIS\Map\LandUseReview\ParlierAcreage.mxd CHURCH

KINGS CANYON

ANNADALE
Q
U
ALIT
Y
IN
DIA
N
OLA
BUTLER

VENTURA
M
C
C
ALL
M
A
D
SEN

DEL REY

CALIFORNIA
RIVER
BEN
D
0 1,000 2,000
Feet
º
City of Sanger
Figure 2-6
Land Use in Undeveloped Areas
General Plan Land Use
Residential - Low Density
Residential - Medium Low Density
Residential - Medium Density
Residential - Medium High Density
Residential - High Density
Commercial - Neighborhood
Commercial - General
Mixed Use - Retail
HC
Industrial - Light
Industrial - Heavy
Park / Open Space
Agricultural
SD
School - Elementary
School - Junior High
School - High School
Public Facility
Boundaries
Sanger City Limit
Sanger SOI
10/4/2021 : \\ppeng.com\pzdata\clients\South Kings GSA - 2731\273120002 - On-Call Services\400 GIS\Map\LandUseReview\SangerAcreage.mxd Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-12 A description of each of the land use types can be seen below and are based off the Sanger 2035 General Plan:

Low Density Residential: Typically has between 0.8 to 4.4 units per acre and includes R-A (Rural Residential – 36,000 sq ft minimum lot size) and R-1-10 (Single Family Residential – 10,000 sq ft minimum lot size) zoning. Future developments are required to connect to city utilities. In addition, it is important to note that the R-A zone allows types of livestock as well as other agricultural activities.

Medium-Low Density Residential: Maximum density of 4.5 to 5.8 units per acre, or 16 to 21 persons per acre. Includes R-1-7.5 (Single Family Residential, 7,500 minimum lot size) and R-1-10 (Single Family Residential, 10,000 sq ft minimum lot size). Future developments are required to connect to city utilities.

Medium Density Residential: Typically, has a density of between 7.3 to 17.4 units per acre based off zoning. Zones included within this designation are R-1-6 (Single Family Residential, 6,000 sq ft minimum lot size), RM-2.5 (Multi-Family Residential, one unit/2,500 sq ft of lot), and T-P (Mobile Home Park). This land usually includes a mix of different units. Future developments are required to connect to city utilities.

Medium-High Density Residential: This land use has a density of between 17.4 to 29 units per acre based off zoning. Zones included within this designation are R-1-6 (Single Family Residential, 6,000 sq ft minimum lot size), RM-2.5 (Multi-Family Residential, one unit/2,500 sq ft of lot), and T-P (Mobile Home Park). This land usually includes a mix of different units. This land use typically is home to larger apartment complexes. Future developments are required to connect to city utilities.

High Density (Multi-Family) Residential: Typically has between 20 to 43.6 units per acre with 106 to 160 persons per acre and includes RM-1.5 (High Density Multi-Family Residential – one unit/1,500 sq ft of lot area) and RM-1.0 (High Density Multi-Family Residential – one unit/1,000 sq ft of lot area) zoning. This land is used for high density multiple family residential areas. Future developments are required to connect to city utilities.

Light Commercial: This land use is typically home to smaller developments and are built to serve residents daily needs, such as grocery stores, cafes, and other uses. Zoning C-1 (Neighborhood Commercial) related to this land use. Future developments are required to connect to city utilities.

Heavy Commercial: Developments within this land use are usually large-scale shopping centers and provide commercial retail for the surrounding community. This land use utilizes C-2 (Community Commercial) zoning. Future developments are required to connect to city utilities.

Light Industrial: This land use designation is for smaller scale industrial buildings and businesses where less noise, vibrations, or hazards occur on site. M-L (Light Manufacturing) zoning is used for this land use designation. Future developments are required to connect to city utilities.

Heavy Industrial: Used for a wide variety of manufacturing or processing plants. Typically, there is a higher level of noise, odors, of vibration that are associated with these buildings. Heavy manufacturing zoning is used with this land use (M-2). Future developments are required to connect to city utilities.

Section Two: Existing and Projected Conditions
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 2-13 Public Facilities: Contains facilities that are operated by public agencies. This includes city hall, post office, schools, and other county offices. RSC (Resource, Schools and Conservation) zoning is used under this land use designation. Future developments are required to connect to city utilities.

Parks/Open Space: This land use will usually have little to no buildings, and is made up of parks, playing fields, and other recreational areas. Currently zoning for parks and recreational areas under this land use is RSC (Resource, Schools, and Conservation). Future developments are required to connect to city utilities.

Each land use correlates to a respective water use factor (WUF). These WUFs have been developed based on similar communities in the area and on the WUFs developed for Sanger, as a representative community for the GSA, and can be seen in Table 2-6 below. The land use types are taken from the Sanger 2035 General Plan, for consistency. It is important to note that some communities did not have the same land use names as Sanger. When this occurred, the land uses were placed under one of the Sanger land use categories most similar in use, and the corresponding WUF was selected.

Table 2-6. Summary of Land Use and Water Use Factors
Land Use
Comparison WUFs Selected Water
Use Factor Clovis Fresno Madera
Low Density Residential 2,200 3,400 2,250 2,300
Medium-Low Density Residential 2,100 3,400 2,250 2,400
Medium Density Residential 2,000 3,400 2,250 2,500
Medium-High Density Residential 2,900 3,400 2,250 2,600 High Density (Multi-Family) Residential 4,200 5,800 2,250 4,000 Light Commercial 2,600 1,800 1,000 2,200
Heavy Commercial 2,600 1,800 1,000 2,300
Light Industrial 900 1,800 1,000 2,000
Heavy Industrial 1,800 1,800 1,000 4,000
Public Facilities 1,200 1,800 1,000 1,800
Parks/ Open Space 2,700 2,700 400 2,400
Notes:

Units are in gallons per day per ac (gpd/ac)
Section Three: Methodology
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 3-1 3 Methodology
The process of developing a per acre cost to provide recharge water supplies to future development, based on land use characteristics, follows the following steps:

Figure 3-1. Methodology Steps
It is recommended the adopting agencies (cities or district) consider an annual fee increase of approximately three percent (3%) to stay consistent with current costs of construction for needed infrastructure.

3.1 Basin Costs
The basin cost per acre of basin varies with the communities based on several factors, including proximity to Consolidated Irrigation District (CID) facilities (i.e., further distance means more conveyance pipeline must be constructed), acreages of existing basins that can be converted to recharge basins within the community, and other factors noted in the GSP; these costs were updated in Spring 2021, based on current land acquisition costs and other construction costs. The cost is an average of the facilities identified in the GSP for each community, as shown in Table 3-1.

Table 3-1. Basin Cost per Community
Community Name Basin Cost
($/ac)
Del Rey CSD $141,375
City of Fowler $249,564
City of Kingsburg $198,947
City of Parlier $141,227
City of Sanger $182,153

3.2 Water Supply Cost
The cost for purchasing surface water from CID to deliver to recharge basins has not been included in the following fee calculations, as it is understood each community will account for that cost within their individual water rates rather than as a component of the development impact fee.

Step 1: Develop
water use demand
projections,
recharge needs
(for future
development),
and Undeveloped
Areas within each
community's SOI.

Step 2: Develop
per acre water
demand, based on
water use demand
projections and
density factors for
each land use
type.

Step 3: Develop
cost of
constructing
recharge facilities
needed for future
development,
based on land use
type.

Step 4: Develop
per-acre cost of
recharge facilities,
for future
development,
based on land use
type.

Section Four: Del Rey CSD
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 4-1 4 Del Rey Community Service District
The Del Rey CSD’s undeveloped area is shown in the table below by land use (not including agriculture designation). All the undeveloped area is planned to be industrial land use.

Table 4-1. Land Uses for Del Rey Undeveloped Area
Land Use Water Use Factor
(gpd/ac)
Water Use Factor
(afy/ac) [1]
Undeveloped Area
(acres)
General Industrial Reserve 3,000 3.36 0.61
Industrial General 3,000 3.36 0.05
Limited Light Industrial Reserve 2,000 2.24 2.64
Totals 2,200 (see below) 2.46 3.30
Notes:
[1] The Water Use Factor is converted from gpd/ac to afy/ac by dividing the gpd/ac by 325,851 gallons/af and then multiplying by 365 days per year; i.e., 3,000 / 325,851 x 365 = 3.36 afy/ac Due to the small number of acres in each land use type, all undeveloped area was collected into one land use type with a modified WUF that was calculated by weighting the assigned WUFs noted in the table above for each land use type. General Industrial Reserve and Industrial Reserve fall between Light and Heavy and have therefore been assigned a WUF of 3,000 gpd/ac. The weight average used for the three industrial land use types shown in Del Rey CSD is 2,200 gpd/ac (2.46 afy/ac).

Table 4-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Del Rey Land Use Demand
(afy) [1]
Recharge
Required [2]
(afy)
Basin Area per
Undeveloped Area
(ac/ac) [3]
Basin Fee per Acre
Undeveloped Area
($/ac) [4]
Industrial 8.1 3.4 0.013 $1,838
Notes:
[1] The Demand is calculated by multiplying the modified WUF (2,200 gpd/ac = 2.46 afy/ac) by the Undeveloped Area Acreage for that Land Use from Table 4-1 (i.e., for Low Density Residential - 2.46 afy/ac * 3.3 acres = 8.1 afy) [2] 42% of Demand per CID Agreement
[3] This value is determined by calculating the amount of recharge basin acreage needed to accomplish the recharge required, based on anticipated percolation rates discussed in Section 2.4 (Volume of Recharge Required / (frequency of water delivery * days per year * estimated percolation rate) = Basin Area Needed). Once the amount of recharge basin acreage needed is determined, it is then divided by the total undeveloped area (Table 5-1) to arrive at the Basin Area needed per Undeveloped Area. Frequency of water delivery = 4 years out of every 5; Number of days per year = 100; and Estimated percolation rate =

0.5 af/ac/day.
[4] This value is determined by multiplying the Basin Area per Undeveloped Area by the basin cost shown in Table 3-1.

Section Five: City of Fowler
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 5-1 5 City of Fowler
The City of Fowler’s undeveloped area is shown in the table below by land use. Most of the undeveloped area is planned to be residential or industrial land uses.

Table 5-1. Land Uses for Fowler Undeveloped Area
Land Use Water Use Factor
(gpd/ac)
Water Use Factor
(afy/ac) [1]
Undeveloped Area
(acres)
Demand (afy)
[2]
Low Residential 2300 2.58 535.37 1381.3
Medium Low Residential 2400 2.69 885.25 2381.3
Medium Residential 2500 2.80 393.51 1101.8
Medium High Residential 2600 2.91 112.19 326.5
High Residential 4000 4.48 43.96 197.0
Light Industrial 2000 2.24 288.27 645.7
Heavy Industrial 4000 4.48 911.45 4083.3
Neighborhood Commercial 2200 2.46 17.98 44.2
Community Commercial 2200 2.46 43.94 108.1
General Commercial 2300 2.58 65.10 168.0
Parks/Open Space 2400 2.69 30.21 81.3
Public Facilities 1800 2.02 54.88 110.9
Notes:
[1] The Water Use Factor is converted from gpd/ac to afy/ac by dividing the gpd/ac by 325,851 gallons/af and then multiplying by 365 days per year; i.e., 2,300 / 325,851 x 365 = 2.58 afy/ac [2] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use from Table 5-1 The following table provides detail on how the acreages and WUFs were utilized to develop a per acre cost to construct basins to recharge the required offset of water demands.

Section Five: City of Fowler
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 5-2 Table 5-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Fowler Land Use Demand
(afy) [1]
Required
Recharge
(afy) [2]
Basin Area per
Undeveloped Area
(ac/ac) [3]
Basin Fee per Acre
Undeveloped Area
($/ac) [4]
Low Residential 1381.3 580.1 0.014 $3,494
Medium Low Residential 2381.3 1000.1 0.014 $3,494
Medium Residential 1101.8 462.8 0.015 $3,743
Medium High Residential 326.5 137.1 0.015 $3,743
High Residential 197.0 82.7 0.024 $5,990
Light Industrial 645.7 271.2 0.012 $2,995
Heavy Industrial 4083.3 1715.0 0.024 $5,990
Neighborhood Commercial 44.2 18.6 0.013 $3,244
Community Commercial 108.1 45.4 0.013 $3,244
General Commercial 168.0 70.6 0.014 $3,494
Parks/Open Space 81.3 34.1 0.014 $3,494
Public Facilities 110.9 46.6 0.011 $2,745
Notes:
[1] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use from Table 6-1 [2] 42% of Demand per CID Agreement
[3] This value is determined by calculating the amount of recharge basin acreage needed to accomplish the recharge required, based on anticipated percolation rates discussed in Section 2.4 (Volume of Recharge Required / (frequency of water delivery * days per year * estimated percolation rate) = Basin Area Needed). Once the amount of recharge basin acreage needed is determined, it is then divided by the total undeveloped area (Table 5-1) to arrive at the Basin Area needed per Undeveloped Area. Frequency of water delivery = 4 years out of every 5; Number of days per year = 100; and Estimated percolation rate = 1 af/ac/day.
[4] This value is determined by multiplying the Basin Area per Undeveloped Area by the basin cost shown in Table 3-1.

Section Six: City of Kingsburg
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 6-1 6 City of Kingsburg
The City of Kingsburg’s undeveloped area is shown in the table below by land use (not including areas without a land use designation). Most of the undeveloped area has a land use of Low Density Residential.

Table 6-1. Land Uses for Undeveloped Lands in Kingsburg Land Use Water Use
Factor (gpd/ac)
Water Use Factor
(afy/ac) [1]
Undeveloped
Area (acres)
Demand (afy)
[2]
Low Density Residential 2300 2.58 538.33 1388.9
Medium Density Residential 2500 2.80 135.81 380.3
Light Industrial 2000 2.24 356.17 797.8
Heavy Industrial 4000 4.48 79.61 356.7
Highway Commercial 2300 2.58 76.62 197.7
RCO [3] 1800 2.02 186.28 376.3
Semi-Public 1800 2.02 36.98 74.7
Notes:
[1] The Water Use Factor is converted from gpd/ac to afy/ac by dividing the gpd/ac by 325,851 gallons/af and then multiplying by 365 days per year; i.e., 2,300 / 325,851 x 365 = 2.58 afy/ac [2] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use [3] Resource Conservation and Open Space District; WUF for Public Facilities it utilized The following table provides detail on how the acreages and WUFs were utilized to develop a per acre cost to construct basins to recharge the required offset of water demands.

Section Six: City of Kingsburg
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 6-2 Table 6-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Kingsburg Land Use Demand (afy)
[1]
Required
Recharge
(afy) [2]
Basin Area per
Undeveloped Area
(ac/ac) [3]
Basin Fee per Acre
Undeveloped Area
($/ac) [4]
Low Density Residential 1388.9 583.3 0.014 $2,785
Medium Density Residential 380.3 159.7 0.015 $2,984
Light Industrial 797.8 335.1 0.012 $2,387
Heavy Industrial 356.7 149.8 0.024 $4,775
Highway Commercial 197.7 83.0 0.014 $2,785
RCO 376.3 158.0 0.011 $2,188
Semi-Public 74.7 31.4 0.011 $2,188
Notes:
[1] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use from Table 6-1 [2] 42% of Demand per CID Agreement
[3] This value is determined by calculating the amount of recharge basin acreage needed to accomplish the recharge required, based on anticipated percolation rates discussed in Section 2.4 (Volume of Recharge Required / (frequency of water delivery * days per year * estimated percolation rate) = Basin Area Needed). Once the amount of recharge basin acreage needed is determined, it is then divided by the total undeveloped area (Table 5-1) to arrive at the Basin Area needed per Undeveloped Area. Frequency of water delivery = 4 years out of every 5; Number of days per year = 100; and Estimated percolation rate = 1 af/ac/day.
[4] This value is determined by multiplying the Basin Area per Undeveloped Area by the basin cost shown in Table 3-1.

Section Seven: City of Parlier
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 7-1 7 City of Parlier
The City of Parlier’s undeveloped area is shown in the table below by land use. A large portion of the undeveloped area is planned to be Medium Low Density Residential.

Table 7-1. Land Uses for Undeveloped Areas in Parlier
Land Use Water Use
Factor (gpd/ac)
Water Use Factor
(afy/ac) [1]
Undeveloped
Area (acres)
Demand
(afy) [2]
Low Density Residential 2300 2.58 162.56 419.4
Medium Low Density Residential 2400 2.69 2160.85 5812.7 Medium Density Residential 2500 2.80 311.40 871.9
High Density Residential 4000 4.48 95.85 429.4
Light Industrial 2000 2.24 954.77 2138.7
Heavy Industrial 4000 4.48 189.92 850.8
Neighborhood Commercial 2200 2.46 24.36 59.9
Community Commercial 2200 2.46 66.05 162.5
General Commercial 2300 2.58 157.19 405.6
Park 2400 2.69 35.66 95.9
Public Facilities 1800 2.02 134.65 272.0
Notes:
[1] The Water Use Factor is converted from gpd/ac to afy/ac by dividing the gpd/ac by 325,851 gallons/af and then multiplying by 365 days per year; i.e., 2,300 / 325,851 x 365 = 2.58 afy/ac [2] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use The following table provides detail on how the acreages and WUFs were utilized to develop a per acre cost to construct basins to recharge the required offset of water demands.

Section Seven: City of Parlier
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 7-2 Table 7-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Parlier Land Use Demand (afy)
[1]
Required
Recharge (afy)
[2]
Basin Area per
Undeveloped Area
(ac/ac) [3]
Basin Fee per Acre
Undeveloped Area
($/ac) [4]
Low Density Residential 419.4 176.2 0.014 $1,977
Medium Low Density Residential 5812.7 2441.3 0.014 $1,977 Medium Density Residential 871.9 366.2 0.015 $2,118
High Density Residential 429.4 180.4 0.024 $3,389
Light Industrial 2138.7 898.2 0.012 $1,695
Heavy Industrial 850.8 357.4 0.024 $3,389
Neighborhood Commercial 59.9 25.2 0.013 $1,836
Community Commercial 162.5 68.2 0.013 $1,836
General Commercial 405.6 170.3 0.014 $1,977
Park 95.9 40.3 0.006 $847
Public Facilities 272.0 114.2 0.011 $1,553
Notes:
[1] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use from Table 7-1 [2] 42% of Demand per CID Agreement
[3] This value is determined by calculating the amount of recharge basin acreage needed to accomplish the recharge required, based on anticipated percolation rates discussed in Section 2.4 (Volume of Recharge Required / (frequency of water delivery * days per year * estimated percolation rate) = Basin Area Needed). Once the amount of recharge basin acreage needed is determined, it is then divided by the total undeveloped area (Table 5-1) to arrive at the Basin Area needed per Undeveloped Area. Frequency of water delivery = 4 years out of every 5; Number of days per year = 100; and Estimated percolation rate = 1 af/ac/day.
[4] This value is determined by multiplying the Basin Area per Undeveloped Area by the basin cost shown in Table 3-1.

Section Eight: City of Sanger
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 8-1 8 City of Sanger
The City of Sanger’s undeveloped area is shown in the table below by land use (not including agriculture designations). More than half the undeveloped area in Sanger is anticipated to be residential.

Table 8-1. Land Uses for Undeveloped Lands in Sanger
Land Use Water Use Factor
(gpd/ac)
Water Use Factor
(afy/ac) [1]
Undeveloped
Area (acres)
Demand
(afy) [2]
Low Density Residential 2300 2.58 110.74 285.7
Medium Low Density Residential 2400 2.69 828.79 2229.4
Medium Density Residential 2500 2.80 770.00 2156.0
Medium High Density Residential 2600 2.91 100.52 292.5
High Density Residential 4000 4.48 89.28 400.0
General Commercial 2300 2.58 146.41 377.7
Highway Commercial 2200 2.46 111.99 275.5
Neighborhood Commercial 2200 2.46 19.73 48.5
Heavy Industrial 4000 4.48 135.14 605.4
Light Industrial 2000 2.24 165.15 369.9
Mixed Use - Retail 4000 4.48 162.15 726.4
Park / Open Space 2400 2.69 279.85 752.8
Public Facility 1800 2.02 164.30 331.9
School 1800 2.02 89.79 181.4
Notes:
[1] The Water Use Factor is converted from gpd/ac to afy/ac by dividing the gpd/ac by 325,851 gallons/af and then multiplying by 365 days per year; i.e., 2,300 / 325,851 x 365 = 2.58 afy/ac [2] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use The following table provides detail on how the acreages and WUFs were utilized to develop a per acre cost to construct basins to recharge the required offset of water demands.

Section Eight: City of Sanger
Development Impact Fee Study
Provost & Pritchard Consulting Group • October 2021 8-2 Table 8-2. Water Use Factor, Basin Area, and Basin Fee for Undeveloped Area in Sanger Land Use Demand (afy)
[1]
Required
Recharge
(afy) [2]
Basin Area per
Undeveloped Area
(ac/ac) [3]
Basin Fee per Acre
Undeveloped Area
($/ac) [4]
Low Density Residential 285.7 120.0 0.014 $2,550
Medium Low Density Residential 2229.4 936.4 0.014 $2,550 Medium Density Residential 2156.0 905.5 0.015 $2,732
Medium High Density Residential 292.5 122.9 0.015 $2,732 High Density Residential 400.0 168.0 0.024 $4,372
General Commercial 377.7 158.6 0.014 $2,550
Highway Commercial 275.5 115.7 0.013 $2,368
Neighborhood Commercial 48.5 20.4 0.013 $2,368
Heavy Industrial 605.4 254.3 0.024 $4,372
Light Industrial 369.9 155.4 0.012 $2,186
Mixed Use - Retail 726.4 305.1 0.024 $4,372
Park / Open Space 752.8 316.2 0.014 $2,550
Public Facility 331.9 139.4 0.011 $2,004
School 181.4 76.2 0.011 $2,004
Notes:
[1] The Demand is calculated by multiplying the WUF by the Undeveloped Area Acreage for that Land Use from Table 8-1 [2] 42% of Demand per CID Agreement
[3] This value is determined by calculating the amount of recharge basin acreage needed to accomplish the recharge required, based on anticipated percolation rates discussed in Section 2.4 (Volume of Recharge Required / (frequency of water delivery * days per year * estimated percolation rate) = Basin Area Needed). Once the amount of recharge basin acreage needed is determined, it is then divided by the total undeveloped area (Table 5-1) to arrive at the Basin Area needed per Undeveloped Area. Frequency of water delivery = 4 years out of every 5; Number of days per year = 100; and Estimated percolation rate = 1 af/ac/day.
[4] This value is determined by multiplying the Basin Area per Undeveloped Area by the basin cost shown in Table 3-1.