(a) A project is not eligible for funding under this chapter unless, by January 1, 2022, all of the following conditions are met: (1) All feasibility studies are complete and draft environmental documentation is available for public review. (2) The commission makes a finding that the project is feasible, and will advance the long-term objectives of restoring ecological health and improving water management for beneficial uses of the Delta. (3) The director receives commitments for not less than 75 percent of the nonpublic benefit cost share of the project. (b) If compliance with subdivision (a) is delayed by litigation or failure to promulgate regulations, the date in subdivision (a) shall be extended by the commission for a time period that is equal to the time period of the delay, and funding under this chapter that has been dedicated to the project shall be encumbered until the time at which the litigation is completed or the regulations have been promulgated.
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