Bill Text: CA AB1047 | 2017-2018 | Regular Session | Amended


Bill Title: Disaster relief: Lake Oroville.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1047 Detail]

Download: California-2017-AB1047-Amended.html

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1047


Introduced by Assembly Member Gallagher

February 16, 2017


An act to amend Section 8686 of the Government Code, relating to flood control. disaster relief.


LEGISLATIVE COUNSEL'S DIGEST


AB 1047, as amended, Gallagher. Flood control. Disaster relief: Lake Oroville.
Under the Natural Disaster Assistance Act, the state share for eligible project costs is generally no more than 75% of total state eligible costs, and for specific incidents, the state share is up to 100% of total state eligible costs.
This bill would require the state share to be 100% of the total state eligible costs connected with the mandatory evacuation that occurred in the Counties of Butte, Sutter, and Yuba due to the potential failure of the auxiliary emergency spillway at Lake Oroville on February 12, 2017.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Butte, Sutter, and Yuba.

Existing law requires the Department of Water Resources to perform various flood control activities throughout the state. Existing law establishes the Central Valley Flood Protection Board and authorizes the board to engage in various flood control activities along the Sacramento River, the San Joaquin River, their tributaries, and related areas. Existing law also authorizes the board of supervisors of a county to appropriate and spend money from the general fund of the county for specified flood control purposes in connection with streams or rivers in the county.

This bill would state the intent of the Legislature to enact statutory changes relating to flood control.

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

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


SECTION 1.

 Section 8686 of the Government Code is amended to read:

8686.
 (a) For any eligible project, the state share shall amount to no more than 75 percent of total state eligible costs.
(b) Notwithstanding subdivision (a), the state share shall be up to 100 percent of total state eligible costs connected with the following events:
(1) The October 17, 1989, Loma Prieta earthquake.
(2) The October 20, 1991, East Bay fire.
(3) The fires that occurred in southern California from October 1, 1993, to November 30, 1993, inclusive.
(4) The January 17, 1994, Northridge earthquake.
(5) Storms that occurred in California during the periods commencing January 3, 1995, and February 13, 1995, as specified in agreements between this state and the United States for federal financial assistance.
(6) The storms that occurred in California in December of 1996 and early January of 1997, as specified in agreements between this state and the United States for federal financial assistance.
(7) The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(8) The wildfires that occurred in southern California commencing October 21, 2003, as specified in agreements between this state and the United States for federal financial assistance.
(9) The December 22, 2003, San Simeon earthquake, as specified in agreements between this state and the United States for federal financial assistance.
(10) The severe storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005, inclusive, in southern California, as specified in agreements between this state and the United States for federal financial assistance.
(11) The severe storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16 to February 23, 2005, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(12) The severe storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(13) The severe storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(c) Notwithstanding subdivision (a), the state share shall be 100 percent of the total state eligible costs connected with the mandatory evacuation that occurred in the Counties of Butte, Sutter, and Yuba due to the potential failure of the auxiliary emergency spillway at Lake Oroville on February 12, 2017.

(c)

(d) For any federally declared disaster subsequent to January 1, 1995, that the Legislature has designated in subdivision (b) or (c), the state shall assume the increased share specified in subdivision (b) or (c) in those cases where the Federal Emergency Management Agency or another applicable federal agency has approved the federal share of costs.

(d)

(e) The state shall make no allocation for any project application resulting in a state share of less than two thousand five hundred dollars ($2,500) under this section.

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 costs incurred by local agencies in responding to the February 12, 2017, evacuation that occurred in the Counties of Butte, Sutter, and Yuba.
SECTION 1.

It is the intent of the Legislature to enact statutory changes to the Water Code relating to flood control.

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