12663.2.
(a) Notwithstanding Section 12585.7, the state may provide funds, up to 99 percent of the costs, for the project for flood control on the Lower Cache Creek in the County of Yolo, that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in the “Lower Cache Creek, Yolo County, Woodland and Vicinity, California Final Chiefs Report” dated June 21, 2021, as follows:(1) At an estimated cost to the state of the sum of one hundred fourteen million six hundred ninety-two thousand five hundred dollars ($114,692,500)
one hundred twenty-eight million two hundred thirty-five thousand four hundred fifty dollars ($128,235,450) that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.
(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result from the project by either of the following:
(1) Authorizing the project in accordance with this section.
(2) The appropriation by the Legislature of funds upon the recommendations and advice of the department.
(c) The City of Woodland may receive funds only if it enters into an agreement with the department pursuant to which the City of Woodland agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project.
(d) State funding, upon appropriation by the Legislature, may be used for planning, engineering, designing, mitigation, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers, as authorized by the Water Resources Development Act of 2022 (Public Law 117-263) and the additional project features identified in the Woodland Flood Risk Management Project Final Environmental Impact
Report (EIR) and any future supplements or addendums to this EIR. The state may advance funds for the planning, engineering, design, and construction of the authorized project and supplemental features identified in the EIR, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled “Lower Cache Creek, Yolo County, Woodland and Vicinity, California Final Interim Feasibility Report Flood Risk Management.” The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Lower Cache Creek Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the
equivalent nonfederal share if there was federal project funding.
(e) Before any funds appropriated by the Legislature are provided to the flood control project, the director shall find both of the following:
(1) The project qualifies for a 99 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost-share report submitted to the department for the project.
(2) The project is located in the County of Yolo, contains significant state assets, and economic hardship exists within the benefit area of the project, as demonstrated in a nonfederal cost-share report submitted to the department for the project, and the project would include
setback levees.
(f) For purposes of this section, “liability for damages” includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.