BILL ANALYSIS
AB 74
Page 1
ASSEMBLY THIRD READING
AB 74 (Chesbro)
As Amended May 26, 2009
Majority vote
WATER, PARKS & WILDLIFE 13-0
APPROPRIATIONS 17-0
-------------------------------------------------------------------
|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Nielsen, Ammiano, |
| |Anderson, Arambula, Tom | |Charles Calderon, Davis, |
| |Berryhill, Blumenfield, | |Duvall, Fuentes, Hall, |
| |Caballero, Fletcher, | |Harkey, Miller, |
| |Krekorian, Bonnie | |John A. Perez, Price, |
| |Lowenthal , | |Skinner, Solorio, Audra |
| |John A. Perez, Salas, | |Strickland, Torlakson, |
| |Yamada | |Krekorian |
|-----+--------------------------+-----+----------------------------|
| | | | |
-------------------------------------------------------------------
SUMMARY : Authorizes two flood management projects in the
Sacramento River watershed. Specifically, this bill :
1)Authorizes State funding for the Middle Creek Flood Damage
Reduction and Ecosystem Restoration Project in Lake County
pursuant to specified federal studies and legal authority.
a) Requires Lake County Watershed Protection District (Lake
District) to provide necessary local cooperation assurances
to the United States Army Corps of Engineers (Corps).
b) Requires the Lake District to work with the Corps to
implement the project.
c) Allows the Lake District and the Corps to modify project
as required by law.
d) Requires the Lake District to agree to indemnify and
hold the State harmless from liability arising out of this
project.
e) Clarifies that this bill does not affect the Lake
District's eligibility to receive State funding pursuant to
other legal authorizations.
AB 74
Page 2
f) Withdraws State authorization for the previous flood
control facilities that this project will replace.
2)Authorizes State funding for the Hamilton City Flood Damage
Reduction and Ecosystem Restoration Project in Glenn County
pursuant to specified federal studies and legal authority.
a) Requires Reclamation District 2140 (District 2140) to
provide the necessary local cooperation assurances to the
United States Army Corps of Engineers (Corps).
b) Requires District 2140 to work with the Corps to
implement the project.
c) Allows District 2140 and the Corps to modify the project
as required by state or federal law.
d) Requires District 2140 to agree to indemnify and hold
the State harmless from liability arising out of this
project.
e) Clarifies that this bill does not affect District 2140's
eligibility to receive State funding pursuant to other
legal authorizations.
3)Specifies that no local agency reimbursement is required
because the local agency requested this legislative authority.
4)Makes legislative findings, in the Water Code, related to
Central Valley flood protection.
EXISTING LAW
1)Authorizes State funding for locally implemented flood control
projects throughout the state, under the flood subventions
program, and for State-managed federal flood control projects
in the Central Valley watershed.
2)Requires DWR to specify the facilities included in the
federal-state "State Plan of Flood Control" and develop a more
comprehensive Central Valley Flood Protection Plan for the
entire Sacramento-San Joaquin River watershed.
AB 74
Page 3
3)The federal Water Resources Development Act of 2007 (2007
WRDA) authorized the Middle Creek and Hamilton City flood
control projects for federal funding.
FISCAL EFFECT : The Assembly Appropriations Committee estimates
state costs at $7.5 million for the Middle Creek Project and $3
million for the Hamilton City Project.
COMMENTS : This bill authorizes two separate flood management
projects in the Sacramento River watershed. Each project has
flood and environmental benefits unique to its situation that
justify federal and state funding.
Common Characteristics : While these two projects differ in
benefits, they share some common characteristics:
1) Local Agency Leads . Both projects have local agencies
as the non-federal partner for the Army Corps of Engineers.
Each local agency is authorized to modify the project, in
conjunction with the Corps. The State will provide only
funding for these projects and will receive an
indemnification from these local agencies for liability for
these projects.
2) No Local Agency Reimbursement . Because the local agency
for each project requested this authorization, as reflected
in the Committee bill file, the State will have no
liability for reimbursement of a state mandate. While this
bill authorizes subvention funding for these projects,
actual funding depends on future appropriations to DWR for
flood subventions.
3) Broad Public Benefits . Both projects include
significant environmental benefits, which benefit the
public more generally and provided the necessary benefits
to justify Corps support and legal authorization in 2007
WRDA. The flood protection benefits relatively smaller
economic assets, so these environmental benefits were
critical to federal funding.
Middle Creek Flood Project (Lake County) :This area of Lake
County was "reclaimed" in the first half of the 20th century by
local levee construction. In the 1950's, the Corps added
levees, which resulted in the isolation of 1,600 acres of
AB 74
Page 4
wetlands and floodplains from the largest tributaries to Clear
Lake. These levees were included in the federal-state flood
control project for the Sacramento River watershed, now known as
"the State Plan of Flood Control." As a result of levees and
other changes in the watershed, sediment flowing into Clear Lake
increased and water quality deteriorated, as the sediment
increased phosphorous. This project will increase flood
protection for certain buildings and public roads. More
significantly, the project restores the natural ecosystem and
improves Clear Lake water quality, due to restoration of
wetlands that will reduce the nutrient loading in water flows
and sediment. As reflected in the Corps' analysis, these
environmental aspects will benefit the public at large,
justifying the expenditure of public money. These public
benefits led to federal authorization in the 2007 WRDA
Hamilton City Flood Project (Glenn County) : The small town of
Hamilton City and surrounding agricultural lands are marginally
protected from flooding by a degraded private levee built in
1904 called the "J" Levee. Hamilton City has mounted flood
fights and evacuated six times in the last 20 years.
Neighboring agricultural lands suffer similarly. Hamilton
City's "J" Levee is privately owned and maintained by
Reclamation District 2140, the non-federal sponsor. This
project will build a new 6.8-mile setback levee that will
increase flood protection for Hamilton City and surrounding
lands, while creating 1,500 acres of riparian habitat on the
riverside of the new levee. These dual flood protection and
ecosystem restoration benefits, together, generated sufficient
benefit, under the Corps' benefit-cost ratio analysis
guidelines, which now emphasize ecosystem benefits, to gain
federal support for funding the project, leading to federal
authorization in 2007 WRDA. The State has funded development of
this project, but deferred its support for construction until
the local reclamation district agreed to be the non-federal
sponsor and, in effect, accept liability for the new levee.
Analysis Prepared by : Alf W. Brandt/ W., P. & W. / (916)
319-2096
FN: 0001197