BILL NUMBER: AB 2348	CHAPTERED  09/20/06

	CHAPTER  354
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2006
	PASSED THE SENATE  AUGUST 23, 2006
	PASSED THE ASSEMBLY  MAY 30, 2006
	AMENDED IN ASSEMBLY  MAY 26, 2006
	AMENDED IN ASSEMBLY  APRIL 17, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Members Laird and Salinas

                        FEBRUARY 23, 2006

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2348, Laird  Flood control: Pajaro River.
   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 Counties of Monterey and Santa Cruz, or to
local agencies in those counties, for a flood control project on the
Pajaro River, 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 12687.5 is added to the Water Code, to read:
   12687.5.  (a) The state may provide subvention funds in accordance
with Section 12585.7 to the Counties of Monterey and Santa Cruz, or
to local agencies in those counties, 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, 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.