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SB-1308 Disaster assistance.(2007-2008)

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SB1308:v95#DOCUMENT

Senate Bill No. 1308
CHAPTER 400

An act to amend Section 8686 of the Government Code, relating to disaster assistance, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 27, 2008. Filed with Secretary of State  September 27, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1308, Cox. Disaster assistance.
(1) The California Disaster Assistance Act authorizes a local agency to receive state financial assistance for a repair or restoration project following the proclamation of a local emergency. The state share for eligible projects is generally no more than 75% of total state eligible costs, unless the local agency is located within a city, county, or city and county that has adopted a local hazard mitigation plan in accordance with the federal Disaster Mitigation Act of 2000 as part of the safety element of its general plan, in which case the Legislature may provide for a state share of local costs that exceeds 75% of total state eligible costs. For certain, listed events, the state share is up to 100% of total state eligible costs.
This bill would add the wildfire that occurred in the Lake Tahoe Basin commencing on June 24, 2007, as specified, to the list of specific events eligible for the higher state share of costs.
The bill would provide that the requirement to adopt a local hazard mitigation plan in order to qualify for the specified exception shall not apply to the Lake Tahoe Basin wildfire event.
(2) This bill would provide that these provisions would become operative only if SB 1764 of the 2007–08 Regular Session is enacted.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and hereby declares both of the following:
(a) The Angora Wildfire that occurred in this state in June and July of 2007, caused substantial damages to public and private property in an environmentally sensitive location and caused a variety of economic damages in the areas impacted by the wildfire. The economic damages include business and employment disruptions. The environmental damages are severe and long lasting. The environmental damages can cause damage in unburned areas from much higher than average water and debris flows over the next several years. Those high volume and high velocity water and debris flows can convey highly erosive debris, sediments, and hazardous materials. Conveyance of sediments, other eroded materials, and hazardous substances are a threat to human health and safety, undamaged public and private property, and the water quality of Lake Tahoe and its tributaries. A variety of local public agencies will need to take actions necessary to respond to threats to undamaged property, to repair publicly owned damaged property, and to mitigate future damages caused by the short- and long-term fire aftereffects.
(b) Insufficient time passed between January 1, 2007, the effective and operative date of Section 8685.9 of the Government Code, and June 24, 2007, the commencement date of the Angora Wildfire, to allow local agencies in the area impacted by that wildfire a reasonable opportunity to adopt local hazard mitigation plans, as specified in that section, in order to be eligible for an increase in the percentage of the total state eligible costs for disaster relief.

SEC. 2.

 Section 8686 of the Government Code is amended to read:

8686.
 (a) For any eligible project, the state share shall amount to no more than 75 percent of total state eligible costs.
(b) Notwithstanding subdivision (a), the state share shall be up to 100 percent of total state eligible costs connected with the following events:
(1) The October 17, 1989, Loma Prieta earthquake.
(2) The October 20, 1991, East Bay fire.
(3) The fires that occurred in southern California from October 1, 1993, to November 30, 1993, inclusive.
(4) The January 17, 1994, Northridge earthquake.
(5) Storms that occurred in California during the periods commencing January 3, 1995, and February 13, 1995, as specified in agreements between this state and the United States for federal financial assistance.
(6) The storms that occurred in California in December of 1996 and early January of 1997, as specified in agreements between this state and the United States for federal financial assistance.
(7) The winter storms and flooding that occurred from February 1, 1998, to April 30, 1998, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(8) The wildfires that occurred in southern California commencing October 21, 2003, as specified in agreements between this state and the United States for federal financial assistance.
(9) The December 22, 2003, San Simeon earthquake, as specified in agreements between this state and the United States for federal financial assistance.
(10) The severe storms, flooding, debris flows, and mudslides that occurred during December 27, 2004, to January 11, 2005, inclusive, in southern California, as specified in agreements between this state and the United States for federal financial assistance.
(11) The severe storms, flooding, landslides, and mud and debris flows that occurred in southern California during the period from February 16 to February 23, 2005, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(12) The severe storms, flooding, mudslides, and landslides that occurred in northern California during the period from December 17, 2005, to January 3, 2006, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(13) The severe storms and flooding that occurred in northern and central California during the period from March 29, 2006, to April 16, 2006, inclusive, as specified in agreements between this state and the United States for federal financial assistance.
(14) The wildfire that occurred in the Lake Tahoe Basin commencing on June 24, 2007, as specified in agreements for federal assistance between this state and the United States. Section 8685.9 shall not apply to this event.
(c) For any federally declared disaster subsequent to January 1, 1995, that the Legislature has designated in subdivision (b), the state shall assume the increased share specified in subdivision (b) in those cases where the Federal Emergency Management Agency or another applicable federal agency has approved the federal share of costs.
(d) The state shall make no allocation for any project application resulting in a state share of less than two thousand five hundred dollars ($2,500) under this section.

SEC. 3.

 Section 2 of this act shall become operative only if Senate Bill 1764 of the 2007–08 Regular Session is enacted.

SEC. 4.

 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 provide enhanced state funding, at the earliest possible opportunity, for the wildfire that occurred in the Lake Tahoe Basin commencing on June 24, 2007, it is necessary that this act take effect immediately.