SECTIONS 79045-79052 - California Statutes

WATER CODE

SECTION 79045-79052

79045. (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).

79046. The sum of thirty million dollars ($30,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article pursuant to Section 12986.

79047. 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) Fifteen million dollars ($15,000,000) 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) Fifteen million dollars ($15,000,000) 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.
(c) Any funds that are made available under subdivision (a) may be
used to reimburse local agencies for the state's share of costs for
eligible projects completed on or after July 1, 1998.

79048. The expenditure of funds under this article is subject to
Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division
6.

79049. Of the funds appropriated pursuant to subdivision (a) or (b)
of Section 79047, not more than 5 percent may be expended by the
department to repair levee road pavement if the damage is
attributable to flood control maintenance.

79050. 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. 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.

79051. For the purposes of this article, a levee project includes
levee improvements and related habitat improvements undertaken in the
delta at a location other than the location of that levee
improvement.

79052. Following the date on which a program for the bay-delta is
adopted by CALFED, the remaining funds in the subaccount shall be
used for levee rehabilitation improvement projects that, to the
greatest extent possible, are consistent with the program adopted by
CALFED.