BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 619
                                                                  Page  1

          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
                                                                  Page  2

           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