BILL ANALYSIS
SB 619
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Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 619 (Strickland) - As Amended: April 13, 2009
SENATE VOTE : 39-0
SUBJECT : Flood Control: County of Santa Barbara: Lower
Mission Creek
SUMMARY : Authorizes the state to provide subvention funds to
the County of Santa Barbara or local agencies in the county for
a flood control project on Lower Mission Creek. Specifically,
this bill :
1)Authorizes the state to provide subvention funds, in
accordance with existing state law governing cost shares for
such projects, to the County of Santa Barbara or local
agencies within the county, for a flood damage reduction
project on Lower Mission Creek authorized by Section 3034 of
the Water Resources Development Act of 2007, that is
substantially in accordance with recommendations of the United
States Army Corps of Engineers.
2)Authorizes state subvention funds to be provided for the
project at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature upon
the recommendation of the Department of Water Resources (DWR),
and upon a written determination by DWR that the project meets
other provisions of existing law required for projects to
qualify for state financial assistance under the state
subventions program, including but not limited to federal
authorization.
3)Provides that the state assumes no liability for damages that
may result from the project by authorizing the subvention
funds, or by the appropriation by the Legislature of
subvention funds upon the recommendations and advice of DWR.
4)Authorizes a county or local agency to receive the subvention
funds only if it enters into an agreement with DWR agreeing to
indemnify and hold the state harmless for any liability for
damages that may result from the project.
SB 619
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EXISTING LAW :
1)Authorizes State funding for locally implemented flood control
projects throughout the state, under the flood subventions
program.
2)Authorizes the state to participate in funding local flood
control projects if the project qualifies for federal
financial assistance and is federally authorized, and meets
other statutory requirements.
3)The federal Water Resources Development Act of 2007 authorized
the Lower Mission Creek flood control project.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, total costs of $7.5 to $10.5 million in
Proposition 1E bond funds.
COMMENTS : The author indicates that the County of Santa
Barbara has worked with the federal government for 15 years to
allow the Lower Mission Creek to be eligible for flood
subventions funding for the county's flood control project. The
federal government has granted that eligibility and now this
bill is needed to authorize the state funding share. This bill
requires DWR to provide a written determination that the project
meets all the requirements for state subventions funding. This
bill also expressly provides that the state assumes no liability
for damages by authorizing funding, and requires the county to
agree to indemnify and hold the state harmless.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Santa Barbara
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096