BILL NUMBER: AB 74	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 5, 2009

INTRODUCED BY   Assembly Member Chesbro
    (   Principal coauthor:   Assembly Member
  Nielsen   ) 
   (Coauthor: Senator Wiggins)

                        DECEMBER 16, 2008

   An act to add  Section 12670.22   Sections
12670.22 and 12670.23  to the Water Code, relating to flood
control.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, as amended, Chesbro. Middle Creek  and Hamilton City
 Flood Damage Reduction and Ecosystem Restoration 
Project.   Projects. 
   (1) Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects.
   This bill would adopt and authorize the Middle Creek Flood Damage
Reduction and Ecosystem Restoration Project in Lake County  and
the Hamilton City Flood Damage Reduction and Ecosystem Restoration
Project in Glenn County  , at an estimated cost to the state of
the sum that may be appropriated by the Legislature for state
cooperation, upon the recommendation and advice of the Central Valley
Flood Protection Board. The bill would require the Lake County
Watershed Protection District  and Reclamation District No. 2140
 to carry out  the project   those
respective projects  and to give prescribed assurances to the
Secretary of the Army, thereby imposing a state-mandated local
program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12670.22 is added to the Water Code, to read:
   12670.22.  (a) The Middle Creek Flood Damage Reduction and
Ecosystem Restoration Project in Lake County is adopted and
authorized substantially in accordance with the draft final project
modification report of the Chief of Engineers of the United States
Army Corps of Engineers, at an estimated cost to the state of the sum
that may be appropriated for state cooperation by the Legislature
upon the recommendations and advice of the Central Valley Flood
Protection Board.
   (b) The Lake County Watershed Protection District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation required by federal law will be furnished by the district
in connection with the project adopted and authorized in subdivision
(a).
   (c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
   SEC. 2.    Section 12670.23 is added to the 
 Water Code   , to read:  
   12670.23.  (a) The Hamilton City Flood Damage Reduction and
Ecosystem Restoration Project in Glenn County is adopted and
authorized substantially in accordance with the Hamilton City Flood
Damage Reduction and Ecosystem Restoration, California, Final
Feasibility Report and Environment Impact/Statement/Environmental
Impact Report, dated July 2004 of the Chief of Engineers of the
United States Army Corps of Engineers, at an estimated cost to the
state of the sum that may be appropriated for state cooperation by
the Legislature upon the recommendations and advise of the Central
Valley Flood Protection Board.
   (b) Reclamation District No. 2140 shall give assurances
satisfactory to the Secretary of the Army that the local corporation
required by federal law will be furnished by the district in
connection with the project adopted and authorized in subdivision
(a).
   (c) The district, in conjunction with the Department of the Army,
shall carry out the plans and projects and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district are the result of a program for
which legislative authority was requested by that local agency or
school district, within the meaning of Section 17556 of the
Government Code and Section 6 of Article XIII B of the California
Constitution.