SB 554, as amended, Wolk. 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, 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.begin delete Existingend delete
This bill would extend the authorization to reimburse eligible local agencies under the program and advance funds until July 1, 2020.
end insertbegin insertExistingend insert 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.
Thisbegin delete billend deletebegin insert bill, on and after July 1, 2020,end insert would declare legislative intent to reimburse begin deleteup 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 deletebegin insert
eligible local agencies under this program in an amount not to exceed 50% of the costs.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12986 of the Water Code, as amended
2by Section 3 of Chapter 549 of the Statutes of 2012, is amended
3to read:
(a) It is the intent of the Legislature to reimburse an
5eligible local agency pursuant to this part for costs incurred in any
6year for the maintenance or improvement of project or nonproject
7levees as follows:
8(1) No costs incurred shall be reimbursed if the entire cost
9incurred per mile of project or nonproject levee is one thousand
10dollars ($1,000) or less.
11(2) Not more than 75 percent of any costs incurred in excess of
12one thousand dollars ($1,000) per mile of project or nonproject
13levee shall be reimbursed.
14(3) (A) As part of the project
plans approved by the board, the
15department shall require the local agency or an independent
16financial consultant to provide information regarding the agency’s
17ability to pay for the cost of levee maintenance or improvement.
18Based on that information, the department may require the local
19agency or an independent financial consultant to prepare a
20comprehensive study on the agency’s ability to pay.
21(B) The information or comprehensive study of the agency’s
22ability to pay shall be the basis for determining the maximum
23allowable reimbursement eligible under this part. Nothing in this
24paragraph shall be interpreted to increase the maximum
25reimbursement allowed under paragraph (2).
26(4) Reimbursements made to the local agency in excess of the
27maximum allowable reimbursement shall be
returned to the
28department.
P3 1(5) The department may recover, retroactively, excess
2reimbursements paid to the local agency from any time after
3January 1, 1997, based on an updated study of the agency’s ability
4to pay.
5(6) All final costs allocated or reimbursed under a plan shall be
6approved by the Central Valley Flood Protection Board for project
7and nonproject levee work.
8(7) Costs incurred pursuant to this part that are eligible for
9reimbursement include construction costs and associated
10engineering services, financial or economic analyses,
11environmental costs, mitigation costs, and habitat improvement
12costs.
13(b) Upon completion of its
evaluation pursuant to Sections 139.2
14and 139.4, by January 1, 2008, the department shall recommend
15to the Legislature and the Governor priorities for funding under
16this section.
17(c) Reimbursements made pursuant to this section shall reflect
18the priorities of, and be consistent with, the Delta Plan established
19pursuant to Chapter 1 (commencing with Section 85300) of Part
204 of Division 35.
21
(d) This section shall become inoperative on July 1, 2020, and,
22as of January 1, 2021, is repealed, unless a later enacted statute,
23that becomes operative on or before January 1, 2021, deletes or
24extends the dates on which it becomes inoperative and is repealed.
Section 12986 of the Water Code, as amended by
26Section 2 of Chapter 549 of the Statutes of
2012, is repealed.
begin insertSection 12986 of the end insertbegin insertWater Codeend insertbegin insert, as amended by
28Section 2 of Chapter 549 of the Statutes of 2012, is amended to
29read:end insert
(a) It is the intent of the Legislature to reimburse from
31the General Fund an eligible local agency pursuant to this part for
32costs incurred in any year for the maintenance or improvement of
33project or nonproject levees as follows:
34(1) No costs incurred shall be reimbursed if the entire cost
35incurred per mile of levee is one thousand dollars ($1,000) or less.
36(2) Fifty percent of any costs incurred in excess of one thousand
37dollars ($1,000) per mile of levee shall be reimbursed.
38(3) The maximum total reimbursement from the General Fund
39shall not exceed two million dollars ($2,000,000) annually.
40(b) This section shall become operative on July 1,begin delete 2018.end deletebegin insert
2020.end insert
Section 12987.5 of the Water Code is amended to read:
(a) In an agreement entered into under Section 12987,
3the board may provide for an advance to the applicant in an amount
4not to exceed 75 percent of the estimated state share. The
5agreement shall provide that no advance shall be made until the
6applicant has incurred costs averaging one thousand dollars
7($1,000) per mile of levee.
8(b) Advances made under subdivision (a) shall be subtracted
9from amounts to be reimbursed after the work has been performed.
10If the department finds that work has not been satisfactorily
11performed or where advances made actually exceed reimbursable
12costs, the local agency shall promptly remit to the state all amounts
13advanced
in excess of reimbursable costs. If advances are sought,
14the board may require a bond to be posted to ensure the faithful
15performance of the work set forth in the agreement.
16
(c) This section shall become inoperative on July 1, 2020, and,
17as of January 1, 2021, is repealed, unless a later enacted statute,
18that becomes operative on or before January 1, 2021, deletes or
19extends the dates on which it becomes inoperative and is repealed.
O
97