SECTIONS 5096.820-5096.830 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5096.820-5096.830

5096.820. (a) The sum of four billion ninety million dollars
($4,090,000,000) shall be available, upon appropriation therefor, for
disaster preparedness and flood prevention projects pursuant to this
article.
(b) In expending funds pursuant to this article, the Governor
shall do all of the following:
(1) Secure the maximum feasible amounts of federal and local
matching funds to fund disaster preparedness and flood prevention
projects in order to ensure prudent and cost-effective use of these
funds to the extent that this does not prohibit timely implementation
of this article.
(2) Prioritize project selection and project design to achieve
maximum public benefits from the use of these funds.
(3) In connection with the submission of the annual Governor's
Budget, submit an annual Bond Expenditure Disaster Preparedness and
Flood Prevention Plan that describes in detail the proposed
expenditures of bond funds, the amount of federal appropriations and
local funding obtained to fund disaster preparedness and flood
prevention projects to match those expenditures, and an investment
strategy to meet long-term flood protection needs and minimize state
taxpayer liabilities from flooding.

5096.821. Three billion dollars ($3,000,000,000) shall be
available, upon appropriation to the department, for the following
purposes:
(a) The evaluation, repair, rehabilitation, reconstruction, or
replacement of levees, weirs, bypasses, and facilities of the State
Plan of Flood Control by all of the following actions:
(1) Repairing erosion sites and removing sediment from channels or
bypasses.
(2) Evaluating and repairing levees and any other facilities of
the State Plan of Flood Control.
(3) Implementing mitigation measures for a project undertaken
pursuant to this subdivision. The department may fund participation
in a natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code to facilitate projects authorized by this subdivision.
(b) Improving or adding facilities to the State Plan of Flood
Control to increase levels of flood prevention for urban areas,
including all related costs for mitigation and infrastructure
relocation. Funds made available by this subdivision may be expended
for state financial participation in federal and state authorized
flood control projects, feasibility studies and design of federal
flood damage reduction and related projects, and reservoir
reoperation and groundwater flood storage projects. Not more than two
hundred million dollars ($200,000,000) may be expended on a single
project, excluding authorized flood control improvements to Folsom
Dam.
(c) (1) To reduce the risk of levee failure in the delta.
(2) The funds made available for the purpose specified in
paragraph (1) shall be expended for both of the following purposes:
(A) Local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6
of the Water Code, as that part may be amended.
(B) Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code, as
that chapter may be amended.

5096.824. (a) Five hundred million dollars ($500,000,000) shall be
available, upon appropriation to the department, for payment for the
state's share of the nonfederal costs, and related costs, of flood
control and flood prevention projects authorized under any of the
following:
(1) The State Water Resources Law of 1945 (Chapter 1 (commencing
with Section 12570) and Chapter 2 (commencing with Section 12639) of
Part 6 of Division 6 of the Water Code).
(2) The Flood Control Law of 1946 (Chapter 3 (commencing with
Section 12800) of Part 6 of Division 6 of the Water Code).
(3) The California Watershed Protection and Flood Prevention Law
(Chapter 4 (commencing with Section 12850) of Part 6 of Division 6 of
the Water Code).
(b) The costs described in subdivision (a) include costs incurred
in connection with either of the following:
(1) The granting of credits or loans to local agencies, as
applicable, pursuant to Sections 12585.3, 12585.4 of, subdivision (d)
of Section 12585.5 of, and Sections 12866.3 and 12866.4 of, the
Water Code.
(2) The implementation of Chapter 3.5 (commencing with Section
12840) of Part 6 of Division 6 of the Water Code.
(c) The funds made available by this section shall be allocated
only to projects that are not part of the State Plan of Flood
Control.

5096.825. Two hundred ninety million dollars ($290,000,000) shall
be available, upon appropriation, for the protection, creation, and
enhancement of flood protection corridors and bypasses through any of
the following actions:
(a) Acquiring easements and other interests in real property to
protect or enhance flood protection corridors and bypasses while
preserving or enhancing the agricultural use of the real property.
(b) Constructing new levees necessary for the establishment of a
flood protection corridor or bypass.
(c) Setting back existing flood control levees, and in conjunction
with undertaking those setbacks, strengthening or modifying existing
levees and weirs.
(d) Relocating or flood proofing structures necessary for the
establishment of a flood protection corridor.
(e) Acquiring interests in, or providing incentives for
maintaining agricultural uses of, real property that is located in a
flood plain that cannot reasonably be made safe from future flooding.
(f) Acquiring easements and other interests in real property to
protect or enhance flood protection corridors while preserving or
enhancing the wildlife value of the real property.
(g) Flood plain mapping and related activities, including both of
the following:
(1) The development of flood hazard maps, including all necessary
studies and surveys.
(2) Alluvial fan flood plain mapping.

5096.827. Three hundred million dollars ($300,000,000) shall be
available, upon appropriation to the department, for grants for
stormwater flood management projects that meet all of the following
requirements:
(a) Have a nonstate cost share of not less than 50 percent.
(b) Are not part of the State Plan of Flood Control.
(c) Are designed to manage stormwater runoff to reduce flood
damage and where feasible, provide other benefits, including
groundwater recharge, water quality improvement, and ecosystem
restoration.
(d) Comply with applicable regional water quality control plans.
(e) Are consistent with any applicable integrated regional water
management plan.

5096.827.2. (a) The department shall develop project selection and
evaluation guidelines to implement Section 5096.827. The State Water
Resources Control Board shall advise the department on the water
quality portions of the guidelines, relying as appropriate on the
stormwater guidelines developed by the State Water Resources Control
Board pursuant to Section 75050.2.
(b) The guidelines shall include a provision that gives preference
to a project that reduces flood damages for which one or both of the
following applies:
(1) The project is not receiving state funding for flood control
or flood prevention projects pursuant to Section 5096.824 or Section
75034.
(2) The project provides multiple benefits, including, but not
limited to, water quality improvements, ecosystem benefits, reduction
of instream erosion and sedimentation, and groundwater recharge.

5096.827.3. Consistent with the requirements of Sections 5096.827
and 5096.827.2, the design and construction of projects for combined
municipal sewer and stormwater systems are eligible for financing
under Section 5096.827.

5096.828. Funds provided by this article are only available for
appropriation until July 1, 2016, and at that time the amount of
indebtedness authorized by this chapter shall be reduced by the
amount of funds provided by this article that have not been
appropriated.

5096.829. (a) The department shall, beginning November 1, 2007, and
quarterly thereafter until funds authorized by this chapter are
liquidated, prepare and submit to the Joint Legislative Budget
Committee a report that includes information relating to funds
expended by the department during the time period pursuant to Section
5096.821. This report shall include all of the following:
(1) The project name.
(2) The physical location of the project, including the county or
counties where the project is located.
(3) A description of the project and the scope of the work to be
performed.
(4) The date of approval of the project, or the date a contract
was let for the project work.
(5) The estimated cost of the project at the time of project
approval.
(6) The actual cost of the project, to date.
(7) An estimated project schedule.
(8) An explanation of any increased project costs over the initial
estimate, including changes in conditions or scope of the project.
(b) For the report due on November 1, 2008, and each November 1
thereafter, the report shall include all of the following:
(1) The report requirements set forth in subdivision (a).
(2) Identification of the actual amount of funds appropriated in
the previous fiscal year to implement provisions of Section 5096.821.
(3) Identification of the actual amount of funds expended in the
previous fiscal year pursuant to the appropriations specified in
paragraph (2).
(c) Each project shall continue to be listed in the report for one
quarter after all project costs are paid.
(d) (1) It is the intent of the Legislature that the Department of
Water Resources seek all applicable federal funding for flood
control projects.
(2) It is the intent of the Legislature that the department notify
the federal government when the state pays the costs associated with
the federal cost-share of levee repair and improvement projects,
with the intent that those costs may be recouped from the federal
government in the future.

5096.830. The development or adoption of program guidelines and
selection criteria for the purposes of this chapter is not subject to
the review or approval of the Office of Administrative Law or to any
other requirement of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.