Bill Text: CA SB200 | 2011-2012 | Regular Session | Chaptered
Bill Title: Delta levee maintenance.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-09-25 - Chaptered by Secretary of State. Chapter 549, Statutes of 2012. [SB200 Detail]
Download: California-2011-SB200-Chaptered.html
BILL NUMBER: SB 200 CHAPTERED
BILL TEXT
CHAPTER 549
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2012
APPROVED BY GOVERNOR SEPTEMBER 25, 2012
PASSED THE SENATE AUGUST 27, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY JUNE 25, 2012
AMENDED IN ASSEMBLY JUNE 4, 2012
AMENDED IN SENATE JANUARY 24, 2012
AMENDED IN SENATE JANUARY 11, 2012
AMENDED IN SENATE JANUARY 4, 2012
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Wolk
(Coauthor: Assembly Member Bill Berryhill)
FEBRUARY 8, 2011
An act to amend Sections 12980, 12986, and 12987.5 of the Water
Code, relating to water projects.
LEGISLATIVE COUNSEL'S DIGEST
SB 200, Wolk. Delta levee maintenance.
Existing law, requires the Department of Water Resources to
develop and submit to the Reclamation Board criteria for adoption by
the board for the maintenance and improvement of nonproject levees,
as prescribed. Existing law requires the department to inspect
completed maintenance or improvement work, as specified, and requires
the department to submit to the board a report upon completion of an
inspection, as to its finding. Existing law also authorizes the
department and the board to cooperate with the United States Army
Corps of Engineers to develop and implement delta levee
rehabilitation, improvement, and realignment, and to enhance the
environment.
This bill would, instead, define "board" for the above purposes as
the Central Valley Flood Protection Board.
Existing law establishes a delta levee maintenance program
pursuant to which a local agency may request reimbursement for costs
incurred in connection with the maintenance or improvement of project
or nonproject levees in the Sacramento-San Joaquin Delta. Existing
law declares legislative intent to reimburse eligible local agencies
under this program, until July 1, 2013, in an amount not to exceed
75% of those costs that are incurred in excess of $1,000 per mile of
levee, and on and after that date, in an amount not to exceed 50% of
those described costs.
This bill, instead, would declare legislative intent to reimburse
up to 75% of those described costs until July 1, 2018, and on and
after that date, to reimburse up to 50% of those described costs.
Existing law, until July 1, 2013, authorizes the board to provide
funds to an eligible local agency under this program in the form of
an advance in an amount that does not exceed 75% of the estimated
state share.
This bill would extend the operation of that authorization to July
1, 2018.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12980 of the Water Code is amended to read:
12980. As used in this part:
(a) "Board" means the Central Valley Flood Protection Board.
(b) "Delta" means the Sacramento-San Joaquin Delta as described in
Section 12220.
(c) "Local agency" means any city, county, district, or other
political subdivision of the state which is authorized to maintain
levees.
(d) "Net long-term habitat improvement" means enhancement of
riparian, fisheries, and wildlife habitat.
(e) "Nonproject levee" means a local flood control levee in the
delta that is not a project facility under the State Water Resources
Law of 1945, as shown on page 38 of the Department of Water Resources
"Sacramento-San Joaquin Delta Atlas," dated 1993.
(f) "Project levee" means a federal flood control levee, as shown
on page 40 of the Department of Water Resources "Sacramento-San
Joaquin Delta Atlas," dated 1993, that is a project facility under
the State Water Resources Law of 1945 (Chapter 1 (commencing with
Section 12570) and Chapter 2 (commencing with Section 12639) of Part
6), if not less than a majority of the acreage within the
jurisdiction of the local agency that maintains the levee is within
the primary zone of the delta, as defined in Section 29728 of the
Public Resources Code.
SEC. 2. Section 12986 of the Water Code, as amended by Section 2
of Chapter 23 of the Statutes of 2010, is amended to read:
12986. (a) It is the intent of the Legislature to reimburse from
the General Fund an eligible local agency pursuant to this part for
costs incurred in any year for the maintenance or improvement of
project or nonproject levees as follows:
(1) No costs incurred shall be reimbursed if the entire cost
incurred per mile of levee is one thousand dollars ($1,000) or less.
(2) Fifty percent of any costs incurred in excess of one thousand
dollars ($1,000) per mile of levee shall be reimbursed.
(3) The maximum total reimbursement from the General Fund shall
not exceed two million dollars ($2,000,000) annually.
(b) This section shall become operative on July 1, 2018.
SEC. 3. Section 12986 of the Water Code, as amended by Section 313
of Chapter 296 of the Statutes of 2011, is amended to read:
12986. (a) It is the intent of the Legislature to reimburse an
eligible local agency pursuant to this part for costs incurred in any
year for the maintenance or improvement of project or nonproject
levees as follows:
(1) No costs incurred shall be reimbursed if the entire cost
incurred per mile of project or nonproject levee is one thousand
dollars ($1,000) or less.
(2) Not more than 75 percent of any costs incurred in excess of
one thousand dollars ($1,000) per mile of project or nonproject levee
shall be reimbursed.
(3) (A) As part of the project plans approved by the board, the
department shall require the local agency or an independent financial
consultant to provide information regarding the agency's ability to
pay for the cost of levee maintenance or improvement. Based on that
information, the department may require the local agency or an
independent financial consultant to prepare a comprehensive study on
the agency's ability to pay.
(B) The information or comprehensive study of the agency's ability
to pay shall be the basis for determining the maximum allowable
reimbursement eligible under this part. Nothing in this paragraph
shall be interpreted to increase the maximum reimbursement allowed
under paragraph (2).
(4) Reimbursements made to the local agency in excess of the
maximum allowable reimbursement shall be returned to the department.
(5) The department may recover, retroactively, excess
reimbursements paid to the local agency from any time after January
1, 1997, based on an updated study of the agency's ability to pay.
(6) All final costs allocated or reimbursed under a plan shall be
approved by the Central Valley Flood Protection Board for project and
nonproject levee work.
(7) Costs incurred pursuant to this part that are eligible for
reimbursement include construction costs and associated engineering
services, financial or economic analyses, environmental costs,
mitigation costs, and habitat improvement costs.
(b) Upon completion of its evaluation pursuant to Sections 139.2
and 139.4, by January 1, 2008, the department shall recommend to the
Legislature and the Governor priorities for funding under this
section.
(c) Reimbursements made pursuant to this section shall reflect the
priorities of, and be consistent with, the Delta Plan established
pursuant to Chapter 1 (commencing with Section 85300) of Part 4 of
Division 35.
(d) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 12987.5 of the Water Code is amended to read:
12987.5. (a) In an agreement entered into under Section 12987,
the board may provide for an advance to the applicant in an amount
not to exceed 75 percent of the estimated state share. The agreement
shall provide that no advance shall be made until the applicant has
incurred costs averaging one thousand dollars ($1,000) per mile of
levee.
(b) Advances made under subdivision (a) shall be subtracted from
amounts to be reimbursed after the work has been performed. If the
department finds that work has not been satisfactorily performed or
where advances made actually exceed reimbursable costs, the local
agency shall promptly remit to the state all amounts advanced in
excess of reimbursable costs. If advances are sought, the board may
require a bond to be posted to ensure the faithful performance of the
work set forth in the agreement.
(c) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
