BILL ANALYSIS
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THIRD READING
Bill No: SB 619
Author: Strickland (R), et al
Amended: 4/13/09
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 11-0, 4/28/09
AYES: Pavley, Cogdill, Benoit, Hollingsworth, Huff, Kehoe,
Leno, Padilla, Simitian, Wiggins, Wolk
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/28/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wyland, Yee
NO VOTE RECORDED: Wolk
SUBJECT : Flood control: County of Santa Barbara: Lower
Mission
Creek
SOURCE : County of Santa Barbara
DIGEST : This bill authorizes the state to provide
subvention funds to the County of Santa Barbara for the
project for flood damage reduction on Lower Mission Creek,
in the sum to be appropriated by the Legislature upon
recommendations and advice from the Department of Water
Resources (DWR), and upon written determination by DWR that
the project meets all requirements.
ANALYSIS : Under the State Water Resources Law of 1945,
the state may participate in funding local flood control
CONTINUED
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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. Projects may be
authorized pursuant to a Chief Engineer's report, but
cannot receive state funding until authorized by
Congress.
2. 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
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.
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This bill authorizes the state to provide subvention funds,
as prescribed, to the County of Santa Barbara, or to local
agencies in that county, for a flood control project on the
Lower Mission Creek, as described, at an estimated cost to
the state of the sum that may be appropriated for state
cooperation by the Legislature upon the recommendation and
advice of DWR and upon a determination by DWR that the
project meets those financial aid requirements. This bill
provides that the state assumes no liability for damages
that may result from the project by authorizing the
provision of subvention funds, or by the appropriation of
those subvention funds, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Subvention funding Total costs between $7,500
and $10,500 Bonds*
* Proposition 1E
SUPPORT : (Verified 5/28/09)
County of Santa Barbara (source)
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."
CTW:mw 5/29/09 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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