Bill Text: CA SB619 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Flood control: County of Santa Barbara: Lower Mission

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 195, Statutes of 2009. [SB619 Detail]

Download: California-2009-SB619-Chaptered.html

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BILL NUMBER: SB 619	CHAPTERED
	BILL TEXT

	CHAPTER  195
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  JUNE 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Strickland
   (Principal coauthor: Assembly Member Nava)

                        FEBRUARY 27, 2009

   An act to add Section 12749.98 to the Water Code, relating to
water projects.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 619, Strickland. Flood control: County of Santa Barbara: Lower
Mission Creek.
   Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects,
and prescribes requirements to be met prior to state authorization of
flood management projects that receive state financial aid.
   This bill would authorize the state to provide subvention funds,
as prescribed, to the County of Santa Barbara, or to local agencies
in that county, for a flood control project on the Lower Mission
Creek, as described, at an estimated cost to the state of the sum
that may be appropriated for state cooperation by the Legislature
upon the recommendation and advice of the department and upon a
determination by the department that the project meets those
financial aid requirements. The bill would provide that the state
assumes no liability for damages that may result from the project by
authorizing the provision of subvention funds, or by the
appropriation of those subvention funds, as specified.


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

  SECTION 1.  Section 12749.98 is added to the Water Code, to read:
   12749.98.  (a) The state may provide subvention funds in
accordance with Section 12585.7 to the County of Santa Barbara, or to
local agencies in the county, for the project for flood damage
reduction, Santa Barbara streams, Lower Mission Creek, California,
authorized by Section 3034 of the Water Resources Development Act of
2007 (Public Law 110-114), that is substantially in accordance with
the recommendations of the Chief of Engineers of the United States
Army Corps of Engineers, 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) A county or local agency 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) For the 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.