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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 74	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro
   (Coauthor: Senator Wiggins)

                        DECEMBER 16, 2008

   An act to add Section 12670.22 to the Water Code, relating to
flood control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, as introduced, Chesbro. Middle Creek Flood Damage Reduction
and Ecosystem Restoration Project.
   (1) Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects.
   This bill would adopt and authorize the Middle Creek Flood Damage
Reduction and Ecosystem Restoration Project in Lake County, at an
estimated cost to the state of the sum that may be appropriated by
the Legislature for state cooperation, upon the recommendation and
advice of the Central Valley Flood Protection Board. The bill would
require the Lake County Watershed Protection District to carry out
the project and to give prescribed assurances to the Secretary of the
Army, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 Middle Creek Flood Damage Reduction and
Ecosystem Restoration Project in Lake County is adopted and
authorized substantially in accordance with the draft final project
modification report of the Chief of Engineers of the United States
Army Corps of Engineers, 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.
   (b) The Lake County Watershed Protection District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation required by federal law will be furnished by the district
in connection with the project adopted and authorized in subdivision
(a).
   (c) The 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 necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
  SEC. 2.  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.