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SB-11 Department of Water Resources: appropriation: flood damage repair work.(1997-1998)

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SB11:v96#DOCUMENT

Senate Bill No. 11
CHAPTER 2

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

[ Filed with Secretary of State  August 15, 1997. Approved by Governor  August 15, 1997. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 11, Maddy. Department of Water Resources: appropriation: flood damage repair work.
Under existing law, the Department of Water Resources participates in various flood control and prevention projects. Existing law continuously appropriates money in the Special Fund for Economic Uncertainties, without regard to fiscal years, for specified purposes.
This bill would appropriate $10,400,000 from the General Fund, and would authorize the Director of Finance to allocate up to $3,000,000 from the Special Fund for Economic Uncertainties, to the department for the purpose of repairing damage from the January 1997 floods to state or federally constructed or owned flood, sediment, and erosion control projects. The bill would require prescribed federal or local funds received by the department in connection with the repair work undertaken pursuant to these provisions to be deposited in the General Fund. The bill would require the department on or before January 1, 1999, to submit to the Joint Committee on Legislative Budget a report summarizing the expenditure of any allocated funds. The bill would specify related matters.
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.

 (a)  The sum of ten million four hundred thousand dollars ($10,400,000) is hereby appropriated from the General Fund to the Department of Water Resources for restoration and rehabilitation of flood, sediment, and erosion control projects, including deferred maintenance associated costs required by the United States Army Corps of Engineers. All expenditures shall be for the purpose of carrying out flood damage repair projects or nonstructural alternatives, if the nonstructural costs are equal to, or less than, the state’s cost of repair, to repair damage from the January 1997 flood event to state or federally constructed or owned flood, sediment, and erosion control projects.
(b)  If the United States Army Corps of Engineers determines that a portion of the repair work has corrected deferred maintenance, the department shall collect the amount of the repair costs allocable to that portion from the local agency responsible for maintenance or, if necessary, take action to establish a state maintenance area under Chapter 4.5 (commencing with Section 12878) of Part 6 of Division 6 of the Water Code for the purpose of recovering its costs.
(c)  Any amount of federal or local funds, received by the department for the purpose of offsetting expenditures made pursuant to subdivision (a) or (b) prior to or after the encumbrance of funds appropriated pursuant to this section, shall be deposited in the General Fund. No funds appropriated by this section may be used for the purchase of property in connection with the implementation of nonstructural alternatives unless the acquisition is from willing sellers.

SEC. 2.

 (a)  The Director of Finance may allocate an amount, not to exceed three million dollars ($3,000,000), from the Special Fund for Economic Uncertainties, to the Department of Water Resources for restoration and rehabilitation of flood, sediment, and erosion control projects, including deferred maintenance associated costs required by the United States Army Corps of Engineers. All expenditures shall be for the purpose of carrying out flood damage repair projects or nonstructural alternatives, if the nonstructural costs are equal to, or less than, the state’s cost of repair, to repair damage from the January 1997 flood event to state or federally constructed or owned flood, sediment, and erosion control projects.
(b)  Any amount of federal or local funds, received by the department for the purpose of offsetting expenditures made pursuant to subdivision (a) or prior to or after the encumbrance of funds allocated pursuant to this section, shall be deposited in the General Fund. No funds allocated pursuant to this section may be used for the purchase of property in connection with the implementation of nonstructural alternatives unless the acquisition is from willing sellers.
(c)  On or before January 1, 1999, the Department of Water Resources shall submit a report to the Joint Committee on Legislative Budget summarizing the expenditure of the funds allocated pursuant to subdivision (a).

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:
In order to undertake repairs to the vital flood control systems that were damaged during the January 1997 floods, thereby protecting human health and safety, it is necessary that this act take effect immediately.