Amended in Senate January 4, 2016

Senate Bill No. 554

Introduced by Senator Wolk

February 26, 2015

An act to begin delete add Section 167 to end delete begin insert amend Section 12987.5 of, and to amend and repeal Section 12986 of, end insert the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 554, as amended, Wolk. begin delete California Water Commission: disqualifying financial interest: removal from office. end delete begin insert Delta levee maintenance. end insert

begin insert

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, 2018, in an amount not to exceed 75% of those costs that are incurred in excess of $1,000 per mile of levee. Existing law, until July 1, 2018, authorizes the board to provide funds to an eligible local agency under this program in the form of an advance in an amount that does not exceed 75% of the estimated state share. Existing law, on and after July 1, 2018, declares the intent of the Legislature to reimburse eligible local agencies under this program in an amount not to exceed 50% of those costs that are incurred in any year for the maintenance and improvement of levees.

end insert begin insert

This bill would declare legislative intent to reimburse up to 75% of those costs incurred in any year for the maintenance or improvement of levees in excess of $1,000 per mile of levee and would authorize the board to advance funds in an amount that does not exceed 75% of the estimated state share to an eligible local agency.

end insert begin delete

Existing law, the Political Reform Act of 1974, prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which he or she knows, or has reason to know, that he or she has a financial interest. Existing law provides that a public official has a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or as specified.

end delete begin delete

This bill would remove a member of the California Water Commission from office if after trial a court finds that the commission member has knowingly participated in any commission decision in which the member has a disqualifying financial interest in the decision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 12986 of the end insert begin insert Water Code end insert begin insert , as amended by
Section 3 of Chapter 549 of the Statutes of 2012, is amended to
read: end insert

12986.  

(a) It is the intent 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 incurred shall 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
paragraph shall be interpreted to 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 Central Valley Flood Protection 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) Reimbursements made pursuant to this section shall reflect
the priorities of, and be consistent with, the Delta Plan established
pursuant to Chapter 1 (commencing with Section 85300) of Part
4 of Division 35.

begin delete

(d) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 12986 of the end insert begin insert Water Code end insert begin insert , as amended by
Section 2 of Chapter 549 of the Statutes of 2012, is repealed. end insert

begin delete

12986.  

(a) It is the intent 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 incurred shall 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, 2018.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12987.5 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

12987.5.  

(a) In an agreement entered into under Section 12987,
the board may provide for an advance to the applicant in an amount
not to exceed 75 percent of the estimated state share. The
agreement shall provide that no advance shall be made until the
applicant has incurred costs averaging one thousand dollars
($1,000) per mile of levee.

(b) Advances made under subdivision (a) shall be subtracted
from amounts to be reimbursed after the work has been performed.
If the department finds that work has not been satisfactorily
performed or where advances made actually exceed reimbursable
costs, the local agency shall promptly remit to the state all amounts
advanced in excess of reimbursable costs. If advances are sought,
the board may require a bond to be posted to ensure the faithful
performance of the work set forth in the agreement.

begin delete

(c) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete

begin delete

SECTION 1.  

Section 167 is added to the Water Code, to read:

167.  

(a) A member of the commission shall not participate in
any commission decision in which the member has a disqualifying
financial interest in the decision within the meaning of Section
87103 of the Government Code.

(b) Upon the request of any person, or on the Attorney General’s
own initiative, the Attorney General may file a complaint in the
Superior Court for the County of Sacramento alleging that a
commission member has knowingly violated this section and the
facts upon which the allegation is based and asking that the member
be removed from office. Further proceedings shall be in accordance
as near as may be with rules governing civil actions. If after trial
the court finds that the commission member has knowingly violated
this section, it shall pronounce judgment that the member be
removed from office.

end delete