BILL ANALYSIS
SB 619
Page 1
SENATE THIRD READING
SB 619 (Tony Strickland)
As Amended April 13, 2009
Majority vote
SENATE VOTE :39-0
WATER, PARKS & WILDLIFE 11-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Conway, Ammiano, |
| |Anderson, | |Charles Calderon, Coto, |
| |Tom Berryhill, | |Davis, Fuentes, Hall, |
| |Blumenfield, Caballero, | |Harkey, Miller, Nielsen, |
| |Krekorian, | |John A. Perez, Skinner, |
| |Bonnie Lowenthal, John A. | |Solorio, |
| |Perez, Salas, Yamada | |Audra Strickland, |
| | | |Torlakson, Hill |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
SB 619
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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.
EXISTING LAW authorizes:
1)State funding for locally implemented flood control projects
throughout the state, under the flood subventions program.
2)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)Under the federal Water Resources Development Act of 2007, the
Lower Mission Creek flood control project.
FISCAL EFFECT : One-time cost of between $7.5 million and $10
million, subject to appropriation (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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
SB 619
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FN: 0002571