BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 74|
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THIRD READING
Bill No: AB 74
Author: Chesbro (D), et al
Amended: 5/26/09 in Assembly
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 11-0, 6/23/09
AYES: Pavley, Cogdill, Benoit, Hollingsworth, Huff, Kehoe,
Leno, Padilla, Simitian, Wiggins, Wolk
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/27/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 77-0, 6/1/09 - See last page for vote
SUBJECT : Flood control: Middle Creek and Hamilton City
Flood
Damage Reduction and Ecosystem Restoration
Projects.
SOURCE : Lake County
DIGEST : This bill authorizes two flood management
projects in the Sacramento River watershed.
ANALYSIS :
Existing law:
1. Authorizes State funding for locally implemented flood
CONTINUED
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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 the Department of Water Resources (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.
3. The federal Water Resources Development Act of 2007
authorized the Middle Creek and Hamilton City flood
control projects for federal funding.
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.
F. Withdraws State authorization for the previous
flood control facilities that this project will
replace.
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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 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.
Background
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:
1. 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.
3. The project provides protection from flood damages in
the most efficient manner practicable, and with due
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regard for environmental and recreational
considerations, and local economic conditions.
4. The project's nonfederal sponsor is in compliance with
federal laws requiring the preparation, adoption, and
implementation of a floodplain management plan.
5. All local communities benefiting from the project have
an ordinance consistent with the National Flood
Insurance Program's model floodplain management
ordinance.
6. The project avoids, minimizes, or mitigates impacts to
environmental and recreational values.
7. Project planning documents include an evaluation of
opportunities to include multipurpose objectives.
8. 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 state, and its officers, agents, and employees,
harmless from any and all liabilities from damages
associated with the maintenance and operation of the
project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Subvention funding About $150,500 for
both projects Bonds*
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*Proposition 1E
SUPPORT : (Verified 8/31/09)
Lake County (source)
American Federation of State, County and Municipal
Employees
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 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
ARGUMENTS IN SUPPORT : Supporters of both projects
observe that each project provides multiple benefits,
including flood protection and environmental restoration.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Block, Charles Calderon, Price
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CTW:DLW:do 8/31/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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