BILL NUMBER: SB 1386	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 24, 2012

   An act to amend Section 12929.12 of, to repeal Chapter 1
(commencing with Section 12300) of Part 4.8 of Division 6 of, and to
amend and renumber the heading of Chapter 1.5 (commencing with
Section 12306) of Part 4.8 of Division 6 of, the Water Code, relating
to water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1386, as introduced, Lowenthal. Delta Flood Protection Fund.
   Existing law establishes the Delta Flood Protection Fund in the
State Treasury and states the intent of the Legislature to annually
appropriate specified amounts of money in the fund to the Department
of Water Resources for delta levee maintenance and delta flood
protection projects. Existing law abolished the Delta Flood
Protection Fund on July 1, 2010.
   This bill would repeal obsolete provisions establishing the Delta
Flood Protection Fund and would make conforming changes to existing
law.
   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.  Chapter 1 (commencing with Section 12300) of Part 4.8
of Division 6 of the Water Code is repealed.
  SEC. 2.  The heading of Chapter 1.5 (commencing with Section 12306)
of Part 4.8 of Division 6 of the Water Code is amended and
renumbered to read:
      CHAPTER  1.5.   1.   
ENVIRONMENTAL MITIGATION AND PROTECTION REQUIREMENTS  
GENERAL PROVISIONS 


  SEC. 3.  Section 12929.12 of the Water Code is amended to read:
   12929.12.  (a) It is the intent of the Legislature that sixty-five
million dollars ($65,000,000) of the funds that may be transferred,
pursuant to paragraph (3) of subdivision (b) of Section 12937, to the
California Water Fund from the California Water Resources
Development Bond Fund, shall be appropriated to the Environmental
Water Fund. It is the intent of the Legislature, subject to
subdivision (b), to appropriate to the Environmental Water Fund one
million dollars ($1,000,000) in the 1990-91 fiscal year and eight
million dollars ($8,000,000) per year in fiscal years 1991-92 to
1998-99, inclusive. However, the director, in consultation with the
Department of Finance, may accelerate payments to the California
Water Fund for appropriation to the Environmental Water Fund if the
director deems it appropriate to do so.
   (b) It is the further intent of the Legislature that if the
director determines that all or any portion of the amount that would
otherwise be appropriated in any fiscal year to the Environmental
Water Fund in accordance with subdivision (a)  , or to the
Delta Flood Protection Fund pursuant to Section 12303,  is
required for continued construction of the State Water Resources
Development System pursuant to Section 12938, the entire amount that
would otherwise be appropriated to the Environmental Fund for that
fiscal year shall be reduced  to zero before any reduction is
made in the amount to be appropriated to the Delta Flood Protection
Fund   accordingly  . It is also the intent of the
Legislature that any reduction in funds appropriated to the
Environmental Water Fund  and the Delta Flood Protection Fund
 pursuant to this subdivision be made up from funds
transferred to the California Water Fund pursuant to paragraph (3) of
subdivision (b) of Section 12937 in subsequent fiscal years.