BILL NUMBER: AB 1788	INTRODUCED
	BILL TEXT


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, as introduced, 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 within the benefit area of the project
if that area has a household poverty rate that is more than 150% of
the household poverty rate of the state, as determined by the United
States Census Bureau.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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
subdivision (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  Reclamation   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 within the 
benefitted   benefit  area of the project, if that
area has a  median  household  income
  poverty rate  that is  less 
 more  than  120   150  percent of
the  household  poverty  level   rate
of the state  , as defined by the  Department of
Finance, Population Research Unit   United States Census
Bureau  , for the year in which the project would be
authorized.
   (5) Increases the level of flood protection for state
transportation facilities or state water supply facilities.
   (e) (1) The department or  Reclamation  
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  Reclamation   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.