SECTIONS 12300-12303 - California Statutes

WATER CODE

SECTION 12300-12303

12300. (a) The Delta Flood Protection Fund is hereby created in the
State Treasury. There shall be deposited in the fund all moneys
appropriated to the fund, including authorized proceeds from the sale
of bonds, and all income derived from the investment of moneys that
are in the fund.
(b) It is the intent of the Legislature to appropriate, in
accordance with Section 12938, twelve million dollars ($12,000,000)
each year through fiscal year 1998-99 to the Delta Flood Protection
Fund from moneys deposited in the California Water Fund pursuant to
subdivision (b) of Section 6217 of the Public Resources Code. It is
further the intent of the Legislature to appropriate annually moneys
in the Delta Flood Protection Fund to the department for expenditure
and allocation, without regard to fiscal years, in the following
amounts and for the following purposes:
(1) Six million dollars ($6,000,000) annually for local assistance
under the delta levee maintenance subventions program pursuant to
Part 9 (commencing with Section 12980), and for the administration
thereof.
(2) Six million dollars ($6,000,000) annually for special delta
flood protection projects under Chapter 2 (commencing with Section
12310) and subsidence studies and monitoring, and the administration
thereof. These funds shall only be allocated for projects on Bethel,
Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and Webb
Islands, and at other locations in the delta and for the Towns of
Thornton and Walnut Grove and for approximately 12 miles of levees on
islands bordering the Northern Suisun Bay from Van Sickle Island
westerly to Montezuma Slough.
(3) Additional moneys as they may become available from proceeds
from the sale of bonds issued by the state.
(c) Any moneys unexpended at the end of a fiscal year shall revert
to the Delta Flood Protection Fund and shall be available for
appropriation by the Legislature for the purposes specified in
subdivision (b).
(d) It is the intent of the Legislature that, to the extent
consistent with Sections 12314, 12987, and 78543, projects funded
under subdivision (b) shall be consistent with the delta ecosystem
restoration strategy of the CALFED Bay-Delta Program.

12301. The Delta Flood Protection Fund is hereby abolished on July
1, 2010, and all unencumbered moneys in the fund are transferred to
the General Fund.

12303. (a) It is the intent of the Legislature that, subject to
subdivision (b) of Section 12929.12, if twelve million dollars
($12,000,000) or any lesser amount is transferred pursuant to
paragraph (3) of subdivision (b) of Section 12937 to the California
Water Fund from the California Water Resources Development Bond Fund
in each of the fiscal years 1990-91 to 1997-98, inclusive, and if six
million dollars ($6,000,000) or any lesser amount is so transferred
in the 1998-99 fiscal year, that amount shall be appropriated to the
Delta Flood Protection Fund for the purposes specified in subdivision
(b) of Section 12300, in lieu of the funds deposited in the
California Water Fund pursuant to subdivision (b) of Section 6217 of
the Public Resources Code. However, that the director, in
consultation with the Department of Finance, may accelerate payments
to the California Water Fund for reappropriation to the Delta Flood
Protection Fund if the director deems it appropriate to do so.
(b) The obligation of the State Water Resources Development System
to reimburse the California Water Fund, pursuant to paragraph (3) of
subdivision (b) of Section 12937, shall decrease by amounts equal to
the amounts which are transferred from the California Water
Resources Development Bond Fund to the California Water Fund and
appropriated to the Delta Flood Protection Fund pursuant to
subdivision (a).
(c) For any fiscal year, the Director of Finance, in consultation
with the Director of Water Resources, may recommend in the Budget Act
a source of funding for the Delta Flood Protection Fund which is
different from that set forth in subdivision (a). If the Legislature
approves the alternative source of funding, the portion of the State
Water Resources Development System obligation specified in
subdivision (b) which remains outstanding because of the selection of
the alternative funding source shall be discharged pursuant to
subdivision (b) of Section 11913.
(d) It is the intent of the Legislature, upon the creation of the
Delta Levee Rehabilitation Subaccount pursuant to Section 78540, as
proposed to be added by S.B. 900 of the 1995-96 Regular Session, that
subdivisions (a), (b), and (c) shall not apply to the Delta Levee
Rehabilitation Subaccount and that the funds of the subaccount shall
be available to fund equally both of the following:
(1) The delta levee maintenance subventions program pursuant to
Part 9 (commencing with Section 12980), associated mitigation and
habitat improvement programs, and the administration thereof.
(2) The special delta flood protection projects pursuant to
Chapter 2 (commencing with Section 12310), associated mitigation and
habitat improvement programs, and the administration thereof.