Bill Text: CA AB74 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 74 (Prior Session Legislation)

Bill Title: Flood control: Middle Creek and Hamilton City Flood

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 216, Statutes of 2009. [AB74 Detail]

Download: California-2009-AB74-Chaptered.html

BILL NUMBER: AB 74	CHAPTERED
	BILL TEXT

	CHAPTER  216
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 26, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  MARCH 5, 2009

INTRODUCED BY   Assembly Member Chesbro
   (Principal coauthor: Assembly Member Nielsen)
   (Coauthor: Senator Wiggins)

                        DECEMBER 16, 2008

   An act to add Sections 12670.22 and 12670.23 to the Water Code,
relating to flood control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, Chesbro. Flood control: Middle Creek and Hamilton City
Flood Damage Reduction and Ecosystem Restoration Projects.
   (1) Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects.
   This bill would authorize the state to provide funds for the
Middle Creek Flood Damage Reduction and Ecosystem Restoration Project
in Lake County and the Hamilton City Flood Damage Reduction and
Ecosystem Restoration Project in Glenn County, at an estimated cost
to the state of the sum that may be appropriated by the Legislature
for state cooperation, upon the recommendations and advice of the
Central Valley Flood Protection Board. The bill would require Lake
County Watershed Protection District and Reclamation District No.
2140 to carry out those respective projects, to give prescribed
assurances to the Secretary of the Army, and to enter into specified
agreements with the Department of Water Resources, thereby imposing a
state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12670.22 is added to the Water Code, to read:
   12670.22.  (a) The state may provide funds for the Middle Creek
Flood Damage Reduction and Ecosystem Restoration Project in Lake
County substantially in accordance with the Flood Damage Reduction
and Environmental Restoration, Middle Creek, Lake County, California:
Report of the Chief of Engineers of the United States Army Corps of
Engineers dated November 29, 2004, and as authorized by Section 1001
(11) of the federal Water Resources Development Act of 2007 (Public
Law 110-114), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature upon the
recommendations and advice of the Central Valley Flood Protection
Board, including payment for any fish and wildlife enhancement
features as provided in Section 12847.
   (b) Lake County Watershed Protection District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation required by state or federal law will be furnished by the
district in connection with the project.
   (c) Lake County Watershed Protection District, in conjunction with
the Department of the Army, shall carry out the plans and project
and may make modifications and amendments to the plans as may be
required by state or federal law.
   (d) Lake County Watershed Protection District shall enter into an
agreement with the department pursuant to which the district agrees
to indemnify and hold harmless and save the state, and its officers,
agents, and employees, from any and all liability for damages that
may arise out of the planning, design, construction, operation,
maintenance, repair, and rehabilitation of the project.
   (e) The authorization granted by this section does not affect any
eligibility of Lake County Watershed Protection District to receive
state funding made available pursuant to provisions of law other than
this part if the receipt of those funds does not result in
overpayment for any feature of the project.
   (f) The Legislature finds and declares that the project described
in subdivision (a) modifies and replaces portions of the project
described in Section 12656.5. The project described in subdivision
(a) shall constitute a part of the State Plan of Flood Control and
the portion of the project described in Section 12656.5 that is
replaced by the project described in subdivision (a) shall not
constitute a part of the State Plan of Flood Control.
  SEC. 2.  Section 12670.23 is added to the Water Code, to read:
   12670.23.  (a) The state may provide funds for the Hamilton City
Flood Damage Reduction and Ecosystem Restoration Project in Glenn
County substantially in accordance with the Hamilton City Flood
Damage Reduction and Ecosystem Restoration, Glenn County, California:
Report of the Chief of Engineers of the United States Army Corps of
Engineers dated December 22, 2004, and authorized by Section 1001 (8)
of the federal Water Resources Development Act of 2007 (Public Law
110-114), at an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the Central Valley Flood Protection
Board, including payment for any fish and wildlife enhancement
features as provided in Section 12847.
   (b) Reclamation District No. 2140 shall give assurances
satisfactory to the Secretary of the Army that the local cooperation
required by state or federal law will be furnished by the district in
connection with the project.
   (c) Reclamation District No. 2140, in conjunction with the
Department of the Army, shall carry out the plans and project and may
make modifications and amendments to the plans as may be required by
federal or state law.
   (d) Reclamation District No. 2140 shall enter into an agreement
with the department pursuant to which the district agrees to
indemnify and hold harmless and save the state, and its officers,
agents, and employees, from any and all liability for damages that
may arise out of the planning, design, construction, operation,
maintenance, repair, and rehabilitation of the project.
   (e) The authorization granted by this section does not affect any
eligibility of Reclamation District No. 2140 to receive state funding
made available pursuant to provisions of law other than this part if
the receipt of those state funds does not result in overpayment for
any feature of the project.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.