BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 74 HEARING DATE: June 23, 2009
AUTHOR: Chesbro URGENCY: No
VERSION: May 26, 2009 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Flood control: Middle Creek and Hamilton City Flood
Damage Reduction and Ecosystem Restoration Projects.
BACKGROUND AND EXISTING LAW
Under the State Water Resources Law of 1945, the state may
participate in funding local flood control projects that are
authorized by the legislature and that meet all of the following
criteria:
The project qualifies for federal financial assistance and is
authorized by Congress.
The total annual benefit exceeds the annual cost of providing
protection from flood damages.
The project provides protection from flood damages in the most
efficient manner practicable, and with due regard for
environmental and recreational considerations, and local
economic conditions.
The project's nonfederal sponsor is in compliance with federal
laws requiring the preparation, adoption, and implementation
of a floodplain management plan.
All local communities benefiting from the project have an
ordinance consistent with the National Flood Insurance
Program's model floodplain management ordinance.
The project avoids, minimizes, or mitigates impacts to
environmental and recreational values.
Project planning documents include an evaluation of
opportunities to include multipurpose objectives.
The nonfederal sponsor accommodates other partners who wish to
provide the costs of including multipurpose objectives that
are compatible with the project's purpose and schedule.
Before receiving payment or reimbursement from the state, the
local agency must enter into an agreement with the DWR under
which the local agency agrees to indemnify, hold, and save the
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state, and its officers, agents, and employees, harmless from
any and all liabilities from damages associated with the
maintenance and operation of the project.
On November 8, 2007, Congress passed the federal Water Resources
Development Act of 2007 over President Bush's veto. Section
1001 of that Act authorized, among other things, the following
two projects:
(8) HAMILTON CITY, GLENN COUNTY, CALIFORNIA.-The project for
flood damage reduction and environmental restoration,
Hamilton City, Glenn County, California: Report of the Chief
of Engineers dated December 22, 2004, at a total cost of
$52,400,000, with an estimated Federal cost of $34,100,000
and estimated non-Federal cost of $18,300,000.
(11)MIDDLE CREEK, LAKE COUNTY, CALIFORNIA.-The project for
flood damage reduction and environmental restoration, Middle
Creek, Lake County, California: Report of the Chief of
Engineers dated November 29, 2004, at a total cost of
$45,200,000, with an estimated Federal cost of $29,500,000
and an estimated non-Federal cost of $15,700,000.
PROPOSED LAW
This bill would authorize state participation in the following
two projects:
The Hamilton City Flood Damage Reduction and Ecosystem
Restoration Project in Glenn County
The Middle Creek Flood Damage Reduction and Ecosystem
Restoration Project in Lake County
ARGUMENTS IN SUPPORT
Supporters of both projects observe that each project provides
multiple benefits, including flood protection and environmental
restoration.
ARGUMENTS IN OPPOSITION: None
COMMENTS
These projects appear to meet all the requirements for state
participation. Both Propositions 1E and 84 provide funds to
cover the state's flood subvention obligations.
SUGGESTED AMENDMENTS: None
SUPPORT
American Federation of State, County and Municipal Employees
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Big Valley Groundwater Management Zone Commission
Chi Council for the Clear Lake Hitch
Glenn County Board of Supervisors
Habematolel Pomo of Upper Lake Tribe
Hamilton City Citizens In Action
Hamilton City Community Services District
Hamilton City Fire Protection District
Honorable Dianne Feinstein, United States Senator
Honorable Wally Herger, United States Senator
Lake County Board of Supervisors
Lake County Land Trust
Lakeport Regional Chamber of Commerce
Lee Grigsby & Associates
Reclamation District 2140
Redbud Audubon Chapter
Sierra Club Lake Group
The Nature Conservancy
West Lake Resource Conservation District
OPPOSITION
None Received
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