SECTIONS 79035-79044.9 - California Statutes

WATER CODE

SECTION 79035-79044.9

79035. (a) There is hereby created in the account the Flood
Protection Corridor Subaccount.
(b) For the purposes of this article, "subaccount" means the Flood
Protection Corridor Subaccount created by subdivision (a).

79036. The sum of seventy million dollars ($70,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.

79037. (a) The money in the subaccount, upon appropriation by the
Legislature to the department, may be used by the department for
flood control projects through direct expenditure for the
acquisition, restoration, enhancement, and protection of real
property for the purposes of flood control protection, agricultural
land preservation, and wildlife habitat protection, and for grants to
local public agencies or nonprofit organizations for these purposes,
and for related administrative costs.
(b) The money in the subaccount, upon appropriation by the
Legislature, shall be used for the protection, creation, and
enhancement of flood protection corridors through all of the
following actions:
(1) Acquiring easements and other interests in real property from
willing sellers to protect or enhance flood protection corridors and
floodplains while preserving or enhancing the agricultural use of the
real property.
(2) Setting back existing flood control levees and, in conjunction
with undertaking those setbacks, strengthening or modifying existing
levees.
(3) Acquiring interests in real property from willing sellers
located in a floodplain that cannot reasonably be made safe from
future flooding.
(4) Acquiring easements and other interests in real property from
willing sellers to protect or enhance flood protection corridors
while preserving or enhancing the wildlife value of the real
property.

79038. (a) For the purposes of this article, the department shall
give highest priority to projects that include either of the
following:
(1) Projects that have been assigned high priority for completion
by the department for flood protection purposes and by the Department
of Conservation for purposes of preserving agricultural land in
accordance with the Agricultural Land Stewardship Program Act of 1995
(Division 10.2 (commencing with Section 10200) of the Public
Resources Code).
(2) Projects that have been assigned high priority for completion
by the department for flood protection purposes and by the Department
of Fish and Game for wildlife habitat protection or restoration
purposes.
(b) For restoration, enhancement, and protection projects, the
services of the California Conservation Corps or community
conservation corps shall be used whenever feasible.

79039. (a) In order to ensure that property acquired under
paragraph (1) of subdivision (b) of Section 79037 remains on the
county tax rolls and in agricultural use to the greatest extent
practicable, the acquisition of easements shall be the preferred
method of acquiring property interests under that paragraph unless
the acquisition of a fee interest is required for management purposes
or the landowner will only consider the sale of a fee interest in
the land. No acquisition of a fee interest shall be undertaken under
paragraph (1) of subdivision (b) of Section 79037 until all practical
alternatives have been considered by the department.
(b) Any proceeds received from the disposal of a fee interest
acquired under this article shall be deposited into the subaccount.

79040. Any acquisition pursuant to this article shall be from a
willing seller.

79041. Prior to acquiring an easement or other interest in land
pursuant to this article, the project shall include a plan to
minimize the impact on adjacent landowners. The plan shall include,
but not be limited to, an evaluation of the impact on floodwaters,
the structural integrity of affected levees, diversion facilities,
customary agricultural husbandry practices, and timber extraction
operations, and an evaluation with regard to the maintenance required
of any facilities that are proposed to be constructed or altered.

79042. Prior to acquiring an easement or other interest in land
pursuant to this article, a public hearing in the local community
shall be held. Notification shall be given to the county board of
supervisors of the affected county, adjacent landowners, affected
water districts, local municipalities, and other interested parties,
as determined by the department.

79043. Money in the subaccount may be used, upon appropriation by
the Legislature, to repair breaches in the flood control system
developed pursuant to this article or caused by the development of an
easement program financed through this section and to repair water
diversion facilities or flood control facilities damaged by a project
developed pursuant to this section or financed pursuant to this
section.

79044. (a) (1) In expending grant money pursuant to this article to
acquire an interest in any particular parcel of land, a local public
agency or nonprofit organization may use the money to establish a
trust fund in the amount of not more than 20 percent of the amount of
money paid for the acquisition. Interest from the trust fund shall
be used only to maintain the lands that are acquired pursuant to this
chapter.
(2) A local public agency or nonprofit organization that acquires
land with money from the subaccount and transfers the land to another
public agency or nonprofit organization shall also transfer the
ownership of the trust fund that was established to maintain that
land.
(b) If the local public agency or nonprofit organization does not
establish a trust fund pursuant to subdivision (a), it shall certify
to the department that it can maintain the land to be acquired from
funds otherwise available to the agency or organization.
(c) This section does not apply to state agencies.

79044.5. (a) It is the intent of the Legislature to address the
problem of soaring federal flood insurance rates by assisting local
governments to meet technical requirements for participation in the
National Flood Insurance Program and the National Flood Insurance
Program's Community Rating System.
(b) Notwithstanding any other provision of this article, of the
funds transferred pursuant to Section 79036, the sum of one million
dollars ($1,000,000) is hereby continuously appropriated, without
regard to fiscal years, to the department, as follows:
(1) Five hundred thousand dollars ($500,000) to educate and
provide technical assistance to cities and counties regarding the
National Flood Insurance Program and the enrollment process.
(2) Five hundred thousand dollars ($500,000) to educate and
provide technical assistance to cities and counties currently
enrolled in the National Flood Insurance Program with regard to the
National Flood Insurance Program's Community Rating System and the
implementation of activities creditable under that system.

79044.6. Notwithstanding any other provision of this article, the
sum of five million dollars ($5,000,000) in the subaccount, upon
appropriation by the Legislature to the department, shall be
allocated by the department to the City of Santee for the purposes of
flood protection for streets and highways.

79044.7. Not more than 5 percent of the total amount deposited in
the subaccount may be used to pay costs incurred in connection with
the administration of this article.

79044.9. The department may adopt regulations to carry out this
article.