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SB-10 Highways: environmental mitigation.(1995-1996)

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SB10:v95#DOCUMENT

Senate Bill No. 10
CHAPTER 6

An act relating to highways, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  July 24, 1995. Approved by Governor  July 22, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 10, Craven. Highways: environmental mitigation.
Existing law declares the Legislature’s intent to annually allocate $10,000,000 to the Environmental Enhancement and Mitigation Demonstration Program Fund to be used for making grants to local, state, and federal agencies and nonprofit entities that undertake projects to mitigate the adverse environmental effects of existing and future transportation facilities. Funds were appropriated in the Budget Act of 1992 to the Department of Transportation for this purpose.
This bill would allow those funds appropriated to the department that are necessary to complete the Guajome Marsh Restoration Project in San Diego County to be available for disbursement in liquidation of encumbrances until March 1, 1996.
The bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a)  The Guajome Marsh Restoration Project is being carried out in conjunction with the widening of State Highway Route 76 in San Diego County in order to mitigate the adverse environmental effects of the highway project.
(b)  Item 2660-125-183 of the Budget Act of 1992 appropriated funds to the Department of Transportation, payable from the Environmental Enhancement and Mitigation Demonstration Program Fund, for allocation to projects, including the Guajome Marsh Restoration Project, that mitigate the adverse environmental effects of transportation facilities.
(c)  Because unforeseeable forces of nature, particularly the heavy rainfall and flooding of 1995, prevented the marsh restoration project from being completed in time to avoid reversion of the previously appropriated and allocated funds, it is necessary to extend the time for which the appropriated funds may be used to complete the marsh restoration project.

SEC. 2.

 Notwithstanding Section 16304.1 of the Government Code, or any other provision of law, of the funds appropriated to the Department of Transportation by Item 2660-125-183 of Section 2.00 of the Budget Act of 1992, payable from the Environmental Enhancement and Mitigation Demonstration Program Fund, an amount necessary to complete the Guajome Marsh Restoration Project in San Diego County shall be available for disbursement in liquidation of encumbrances until, but no later than, March 1, 1996.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because the forces of nature, particularly the flooding of 1995, have prevented a highway environmental mitigation project from being completed in the time specified, it is necessary for this act, which will enable the timely completion of the project, to take effect immediately.