5096.820-5096.830
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.