Bill Text: CA AB1788 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Water development projects: state financial assistance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 579, Statutes of 2010. [AB1788 Detail]

Download: California-2009-AB1788-Chaptered.html

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BILL NUMBER: AB 1788	CHAPTERED
	BILL TEXT

	CHAPTER  579
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  JULY 15, 2010

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 10, 2010

   An act to amend Section 12585.7 of the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1788, Yamada. Water development projects: state financial
assistance.
   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 which specified findings have been made on or after that
date, the act 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
objectives. Those objectives include increasing the level of flood
protection within the benefitted area of the project if that area has
a median household income that is less than 120% of the poverty
level, as defined by the Department of Finance.
   This bill, instead, would authorize the state to pay up to 70% of
those nonfederal costs upon the recommendation of the department or
the board if either entity determines that the project will increase
the level of flood protection for disadvantaged communities, as
defined.


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

  SECTION 1.  Section 12585.7 of the Water Code is amended to read:
   12585.7.  Notwithstanding any other provision of this chapter,
Chapter 2 (commencing with Section 12639), or Chapter 3 (commencing
with Section 12800), the following requirements apply to projects
authorized by the Legislature on or after January 1, 2002, and to
small flood management projects authorized by Section 12750 for which
the department makes the findings required by Section 12750.1 on or
after January 1, 2002.
   (a) The state shall pay 50 percent of the nonfederal capital costs
required by Section 2213 of Title 33 of the United States Code.
   (b) The state shall pay 50 percent of the nonfederal capital costs
of fish, wildlife, and recreation mitigation.
   (c) The state shall pay 50 percent of the nonfederal planning and
engineering costs required by Section 2215(b) of Title 33 of the
United States Code and the nonfederal design costs required by
Section 2215(c) of Title 33 of the United States Code.
   (d) The state share of the nonfederal capital costs authorized in
subdivisions (a), (b), and (c) may be increased by up to an
additional 20 percent, to a maximum of 70 percent, upon the
recommendation of the department or the Central Valley Flood
Protection Board, if either entity determines that the project will
result in a significant contribution to any of the following
objectives:
   (1) Protects, creates, enhances, or provides opportunities for
enhancement of endangered species, riparian, aquatic, terrestrial, or
other important habitats.
   (2) Protects or enhances open space.
   (3) Develops or enhances recreational opportunities that include,
but shall not be limited to, picnic areas, foot and bike paths, and
provides public access to all or nearly all of the project works,
except those areas where public access would constitute a threat to
public safety or habitat or would constitute a trespass on private
property.
   (4) Increases the level of flood protection for disadvantaged
communities, as defined in Section 79505.5.
   (5) Increases the level of flood protection for state
transportation facilities or state water supply facilities.
   (e) (1) The department or Central Valley Flood Protection Board
shall include their recommendations with regard to increased cost
sharing in the report prepared pursuant to subdivision (b) of Section
12582.7, if so prepared, or in any addendum to that report.
   (2) The department or Central Valley Flood Protection Board shall
determine whether the project will result in a significant
contribution to the prescribed objectives based upon substantial
evidence in the record. The department shall develop, by regulation
pursuant to Section 12601, criteria for making the determinations as
to whether projects will make significant contributions to the
objectives described in subdivision (d).
   (f) The state payments under subdivisions (a) and (b) are subject
to Section 12585.1. State payments under subdivision (c) are not
subject to Section 12585.1.