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: SB 619 HEARING DATE: April 28, 2009
AUTHOR: Strickland URGENCY: No
VERSION: April 13, 2009 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: Judiciary FISCAL: Yes
SUBJECT: Flood control: County of Santa Barbara: Lower Mission
Creek.
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. Projects may be authorized pursuant
to a Chief Engineer's report, but cannot receive state funding
until 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.
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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.
Section 101(b)(8) of the federal Water Resources Act of 2000
authorized "The project for flood damage reduction, Santa
Barbara streams, Lower Mission Creek, California, at a total
cost of $18,300,000, with an estimated Federal cost of
$9,200,000 and an estimated non-Federal cost of $9,100,000."
On November 8, 2007, Congress passed the federal Water Resources
Development Act of 2007 over President Bush's veto. Section
3034 of that Act stated "The project for flood damage reduction,
Santa Barbara streams, Lower Mission Creek, California,
authorized by section 101(b)(8) of the Water Resources
Development Act of 2000 (114 Stat. 2577), is modified to
authorize the Secretary to construct the project at a total cost
of $30,000,000, with an estimated Federal cost of $15,000,000
and an estimated non-Federal cost of $15,000,000."
PROPOSED LAW
This bill would authorize state participation in the project for
the project for flood damage reduction, Santa Barbara streams,
Lower Mission Creek, California, authorized by Section 3034 of
the Water Resources Development Act of 2007.
ARGUMENTS IN SUPPORT
According to the author, "SB 619 is needed because the Lower
Mission Creek located in Santa Barbara County has just received
federal authorization to draw down flood subvention funds from
the federal government and is now eligible to receive state
funding once the county gets state authorization."
ARGUMENTS IN OPPOSITION: None
COMMENTS
The project appears 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
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SUPPORT
County of Santa Barbara (Sponsor)
OPPOSITION
None Received
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