Bill Text: CA SB489 | 2021-2022 | Regular Session | Chaptered

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Bill Title: Flood management projects: state funding: Pajaro River Flood Risk Management Project.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 677, Statutes of 2022. [SB489 Detail]

Download: California-2021-SB489-Chaptered.html

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Senate Bill No. 489

CHAPTER 677

An act to amend Section 12687.5 of the Water Code, relating to water.

[ Approved by Governor  September 28, 2022. Filed with Secretary of State  September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 489, Laird. Flood management projects: state funding: Pajaro River Flood Risk Management Project.

Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. For certain flood control projects authorized on or after January 1, 2002, or for small flood management projects for which specified findings have been made on or after that date, existing law requires the state to pay 50% of specified nonfederal costs. Existing law authorizes the state to pay up to 70% of those nonfederal costs upon the recommendation of the Department of Water Resources or the Central Valley Flood Protection Board if either entity determines that the project will advance one of several specified objectives. Notwithstanding these requirements, existing law authorizes the state to provide subvention of funds, up to 100% of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, as described, to those counties, or to local agencies in those counties, as provided. Existing law authorizes state funding, upon appropriation by the Legislature, to be used for planning, engineering, designing, and constructing the flood control project, as provided. In the absence of federal funding, existing law authorizes the state, through the Flood Control Subventions Program, to fund the planning, engineering, design, and construction of the project, as provided, so long as state funds do not exceed the state’s share of funds if federal funding was provided. Existing law requires the department to make specified findings before any funds appropriated by the Legislature are provided to the flood control project.

This bill would authorize the state, through the Flood Control Subventions Program, to advance funds for planning, engineering, designing, and constructing the flood control project, as well as for the acquisition of required lands, easements, rights-of-way, and utility relocations, among other purposes. The bill would grant the state discretion to reduce retention withheld under any cost-share agreement to fund the flood control project to 0%. The bill would revise the limitation on the amount of state funding provided in the absence of federal funding by instead authorizing the state to advance funding in the absence, in whole or in part, of federal funding, in an amount that does not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 12687.5 of the Water Code is amended to read:

12687.5.

 (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, as follows:

(1) 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 department.

(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.

(b) The state assumes no liability for damages that may result from the project by either of the following:

(1) Authorizing the provision of subvention funds in accordance with this section.

(2) The appropriation by the Legislature of these subvention funds upon the recommendations and advice of the department.

(c) The County of Monterey or Santa Cruz, or a local agency in either of those counties, may receive the subvention funds only if it enters into an agreement with the department pursuant to which the county or local agency agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project.

(d) State funding, upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). The state, through the Flood Control Subventions Program, may advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.

(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:

(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost-share report submitted to the department for the project.

(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.

(f) For purposes of this section, “liability for damages” includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to improve flood control on the Pajaro River located in the Counties of Monterey and Santa Cruz as described in Section 1 of this act.