BILL NUMBER: AB 1165 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Tom Berryhill
FEBRUARY 27, 2009
An act to amend Section 12986 of the Water Code, relating to
levees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1165, as introduced, Tom Berryhill. Water: delta levee
maintenance.
Existing law establishes a delta levee maintenance program
pursuant to which a local agency may request reimbursement for costs
incurred in connection with the maintenance or improvement of project
or nonproject levees in the Sacramento-San Joaquin Delta. Existing
law declares legislative intent to reimburse eligible local agencies
under this program, until July 1, 2010, in an amount not to exceed
75% of those costs that are incurred in excess of $1,000 per mile of
levee, and repeals that statement of legislative intent on January 1,
2011. Existing law declares legislative intent to reimburse 50% of
those described costs on and after July 1, 2010.
This bill, with respect to the statement of legislative intent to
reimburse 75% of the described costs, would extend the inoperative
date to July 1, 2015, and the repeal date to January 1, 2016. The
bill would make the statement of legislative intent to reimburse 50%
of the described costs operative on July 1, 2015.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1165, as introduced, Tom Berryhill. Water: delta levee
maintenance.
Existing law establishes a delta levee maintenance program
pursuant to which a local agency may request reimbursement for costs
incurred in connection with the maintenance or improvement of project
or nonproject levees in the Sacramento-San Joaquin Delta. Existing
law declares legislative intent to reimburse eligible local agencies
under this program, until July 1, 2010, in an amount not to exceed
75% of those costs that are incurred in excess of $1,000 per mile of
levee, and repeals that statement of legislative intent on January 1,
2011. Existing law declares legislative intent to reimburse 50% of
those described costs on and after July 1, 2010.
This bill, with respect to the statement of legislative intent to
reimburse 75% of the described costs, would extend the inoperative
date to July 1, 2015, and the repeal date to January 1, 2016. The
bill would make the statement of legislative intent to reimburse 50%
of the described costs operative on July 1, 2015.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12986 of the Water Code, as amended by Section
4 of Chapter 548 of the Statutes of 2006, is amended to read:
12986. (a) It is the intention of the Legislature to reimburse an
eligible local agency pursuant to this part for costs incurred in
any year for the maintenance or improvement of project or nonproject
levees as follows:
(1) No costs Costs incurred shall
not be reimbursed if the entire cost incurred per mile of
project or nonproject levee is one thousand dollars ($1,000) or less.
(2) Not more than 75 percent of any costs incurred in excess of
one thousand dollars ($1,000) per mile of project or nonproject levee
shall be reimbursed.
(3) (A) As part of the project plans approved by the board, the
department shall require the local agency or an independent financial
consultant to provide information regarding the agency's ability to
pay for the cost of levee maintenance or improvement. Based on that
information, the department may require the local agency or an
independent financial consultant to prepare a comprehensive study on
the agency's ability to pay.
(B) The information or comprehensive study of the agency's ability
to pay shall be the basis for determining the maximum allowable
reimbursement eligible under this part. Nothing in this
This paragraph shall be interpreted to
does not increase the maximum reimbursement
allowed under paragraph (2).
(4) Reimbursements made to the local agency in excess of the
maximum allowable reimbursement shall be returned to the department.
(5) The department may recover, retroactively, excess
reimbursements paid to the local agency from any time after January
1, 1997, based on an updated study of the agency's ability to pay.
(6) All final costs allocated or reimbursed under a plan shall be
approved by the reclamation board for project and nonproject levee
work.
(7) Costs incurred pursuant to this part that are eligible for
reimbursement include construction costs and associated engineering
services, financial or economic analyses, environmental costs,
mitigation costs, and habitat improvement costs.
(b) Upon completion of its evaluation pursuant to Sections 139.2
and 139.4, by January 1, 2008, the department shall recommend to the
Legislature and the Governor priorities for funding under this
section.
(c) This section shall become inoperative on July 1, 2010
2015 , and, as of January 1, 2011
2016 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2011
2016 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 2. Section 12986 of the Water Code, as amended by Section 5
of Chapter 548 of the Statutes of 2006, is amended to read:
12986. (a) It is the intention of the Legislature to reimburse
from the General Fund an eligible local agency pursuant to this part
for costs incurred in any year for the maintenance or improvement of
project or nonproject levees as follows:
(1) No costs Costs incurred shall
not be reimbursed if the entire cost incurred per mile of
levee is one thousand dollars ($1,000) or less.
(2) Fifty percent of any costs incurred in excess of one thousand
dollars ($1,000) per mile of levee shall be reimbursed.
(3) The maximum total reimbursement from the General Fund shall
not exceed two million dollars ($2,000,000) annually.
(b) This section shall become operative on July 1, 2010
2015 .
SECTION 1. Section 12986 of the Water Code, as amended by Section
4 of Chapter 548 of the Statutes of 2006, is amended to read:
12986. (a) It is the intention of the Legislature to reimburse an
eligible local agency pursuant to this part for costs incurred in
any year for the maintenance or improvement of project or nonproject
levees as follows:
(1) No costs Costs incurred shall
not be reimbursed if the entire cost incurred per mile of
project or nonproject levee is one thousand dollars ($1,000) or less.
(2) Not more than 75 percent of any costs incurred in excess of
one thousand dollars ($1,000) per mile of project or nonproject levee
shall be reimbursed.
(3) (A) As part of the project plans approved by the board, the
department shall require the local agency or an independent financial
consultant to provide information regarding the agency's ability to
pay for the cost of levee maintenance or improvement. Based on that
information, the department may require the local agency or an
independent financial consultant to prepare a comprehensive study on
the agency's ability to pay.
(B) The information or comprehensive study of the agency's ability
to pay shall be the basis for determining the maximum allowable
reimbursement eligible under this part. Nothing in this
This paragraph shall be interpreted to
does not increase the maximum reimbursement
allowed under paragraph (2).
(4) Reimbursements made to the local agency in excess of the
maximum allowable reimbursement shall be returned to the department.
(5) The department may recover, retroactively, excess
reimbursements paid to the local agency from any time after January
1, 1997, based on an updated study of the agency's ability to pay.
(6) All final costs allocated or reimbursed under a plan shall be
approved by the reclamation board for project and nonproject levee
work.
(7) Costs incurred pursuant to this part that are eligible for
reimbursement include construction costs and associated engineering
services, financial or economic analyses, environmental costs,
mitigation costs, and habitat improvement costs.
(b) Upon completion of its evaluation pursuant to Sections 139.2
and 139.4, by January 1, 2008, the department shall recommend to the
Legislature and the Governor priorities for funding under this
section.
(c) This section shall become inoperative on July 1, 2010
2015 , and, as of January 1, 2011
2016 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2011
2016 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 2. Section 12986 of the Water Code, as amended by Section 5
of Chapter 548 of the Statutes of 2006, is amended to read:
12986. (a) It is the intention of the Legislature to reimburse
from the General Fund an eligible local agency pursuant to this part
for costs incurred in any year for the maintenance or improvement of
project or nonproject levees as follows:
(1) No costs Costs incurred shall
not be reimbursed if the entire cost incurred per mile of
levee is one thousand dollars ($1,000) or less.
(2) Fifty percent of any costs incurred in excess of one thousand
dollars ($1,000) per mile of levee shall be reimbursed.
(3) The maximum total reimbursement from the General Fund shall
not exceed two million dollars ($2,000,000) annually.
(b) This section shall become operative on July 1, 2010
2015 .