SECTIONS 78540-78545 - California Statutes

WATER CODE

SECTION 78540-78545

78540. (a) There is hereby created in the account the Delta Levee
Rehabilitation Subaccount.
(b) For the purposes of this article, "subaccount" means the Delta
Levee Rehabilitation Subaccount created by subdivision (a).

78540.5. The sum of twenty-five million dollars ($25,000,000) is
hereby transferred from the account to the subaccount for the purpose
of implementing this article.

78541. Notwithstanding Section 13340 of the Government Code, the
money in the subaccount is hereby continuously appropriated, without
regard to fiscal years, to the department, as follows:
(a) Twelve million five hundred thousand dollars ($12,500,000) for
local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6,
and for the administration of that assistance.
(b) Twelve million five hundred thousand dollars ($12,500,000) for
special flood protection projects under Chapter 2 (commencing with
Section 12310) of Part 4.8 of Division 6, subsidence studies and
monitoring, and for the administration of this subdivision.
Allocation of these funds shall be for flood protection projects on
Bethel, Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and
Webb Islands, and at other locations in the delta.

78542. The expenditure of funds under this article is subject to
Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division
6.

78543. (a) No expenditure of funds may be made under this article
unless the Department of Fish and Game makes a written determination
as part of its review and approval of a plan or project pursuant to
Section 12314 or 12987 that the proposed expenditures are consistent
with a net long-term habitat improvement program, and have a net
benefit for aquatic species in the delta. The Department of Fish and
Game shall make its determination in a reasonable and timely manner
following the submission of the project or plan to that department.
For the purposes of this article, an expenditure may include more
than one levee project or plan.
(b) The memorandum of understanding entered into pursuant to
Section 12307 shall be amended to require, in accordance with this
section, that projects or plans be consistent with a net long-term
habitat improvement program in the delta. The memorandum of
understanding shall define the term "net long-term habitat
improvement program in the delta" for purposes of this section. The
memorandum of understanding in effect prior to the amendment required
by this section shall continue to apply to levee projects and plans
until the memorandum of understanding is amended.

78544. For the purposes of this article, a levee project includes
levee improvements and related habitat improvements which may be
undertaken in the delta at a location other than the location of that
levee improvement.

78545. The expenditure of funds under this article shall result in
levee rehabilitation improvement projects that, to the greatest
extent possible, are consistent with the CALFED program.