BILL NUMBER: AB 1898	CHAPTERED
	BILL TEXT

	CHAPTER  632
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  MAY 27, 2008

INTRODUCED BY   Assembly Member Evans
   (Coauthor: Senator Wiggins)

                        FEBRUARY 7, 2008

   An act to add Section 12748.3 to the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1898, Evans. Flood control subvention funds: Napa 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 funds, as
prescribed, to the City of St. Helena, or to local agencies in the
County of Napa, for a flood control project on the Napa 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 funds, or by the appropriation of those funds, as
specified.


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

  SECTION 1.  Section 12748.3 is added to the Water Code, to read:
   12748.3.  (a) The state may provide funds in accordance with
Section 12585.7 to the City of St. Helena, or to local agencies in
the County of Napa, for the project for flood control on the Napa
River in the County of Napa authorized by Section 5054 of the federal
Water Resources Development Act of 2007 (Public Law 110-114), 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 funds in accordance with this
section.
   (2) The appropriation by the Legislature of these funds upon the
recommendations and advice of the department.
   (c) A county or local agency may receive the funds only if it
enters into an agreement with the department pursuant to which the
city 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.