Bill Text: CA AB3226 | 2019-2020 | Regular Session | Amended


Bill Title: Flood protection: West Sacramento flood risk reduction project: Maintenance Area 4.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB3226 Detail]

Download: California-2019-AB3226-Amended.html

Amended  IN  Senate  July 08, 2020
Amended  IN  Assembly  June 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3226


Introduced by Assembly Member McCarty
(Coauthor: Assembly Member Aguiar-Curry)
(Coauthor: Senator Pan)

February 21, 2020


An act to add Section 12670.5 to the Water Code, and to add Section 1.5 to Chapter 100 of the Statutes of 1911, relating to flood protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 3226, as amended, McCarty. Yolo County: Flood protection: West Sacramento flood risk reduction project: adoption and authorization. Maintenance Area 4.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes, authorizes federally adopted and approved projects, including a project for flood control along the American and Sacramento Rivers, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources (department) or the Central Valley Flood Protection Board (board), a project for flood protection on the Sacramento River for the City of West Sacramento substantially in accordance with recommendations in a specified 1992 report by the Chief of Engineers of the United States Army Corps of Engineers and as adopted and authorized by a specific act of the United States Congress in 1992. Board.
This bill would adopt and approve and authorize the state, upon an appropriation by the Legislature, to make funds available to plan, engineer, design, and construct a similar, but modified flood control project, as specified, that the West Sacramento Project for flood risk reduction along the Yolo Bypass, Sacramento Bypass, and Sacramento River, which was adopted and approved by a specific act of the United States Congress in 2016 and is substantially in accordance with a specified 2015 report issued by the Chief of Engineers to further the Central Valley Flood Protection Plan objective to provide a minimum 200-year level of protection to the City of West Sacramento. 2016, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation, upon the recommendation and advice of the department or the board.
Existing law creates, and establishes the boundaries of, Reclamation District Number 900. Under existing law, it is the responsibility, liability, and duty of the district to maintain and operate the works of the project within its boundaries or jurisdiction, except as specified. Existing law authorizes certain local agencies to petition the board or department to dissolve a maintenance area and authorizes the board or department, after a hearing, to dissolve the maintenance area if in its discretion it finds dissolution to be in the best interests of the state.
This bill would specify that the district also includes the parcels that compose Maintenance Area 4, as specified. The bill would authorize Maintenance Area 4 to be dissolved only upon the execution of the assurance agreement and assumption of project levee maintenance responsibilities by the district, or by a member agency that is a signatory to the assurance agreement, for the state maintenance area.
By increasing the district’s boundaries and jurisdiction to include Maintenance Area 4, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) Flood control on the Yolo Bypass, Sacramento Bypass, and Sacramento River protecting the City of West Sacramento in the County of Yolo, was authorized by the United States Congress as the Sacramento Metro Area Flood Control Project in Section 101(4) of the Water Resources Development Act of 1992 (Public Law 102-580), the Energy and Water Development Appropriations Act of 1999 (Public Law 105-245), and is a part of the Sacramento River Flood Control Project, which was authorized by the United States Congress on March 1, 1917, and amended on May 16, 1928, August 26, 1937, August 18, 1941, August 17, 1954, and July 16, 1960.
(b) Changes in federal and state engineering standards led to the West Sacramento Area Flood Control Agency partnering with the United States Army Corps of Engineers and the Department of Water Resources to coordinate efforts on the development of technical documents and a General Reevaluation Report for the West Sacramento Project.
(c) In 2007, property owners in the City of West Sacramento approved a special benefit assessment to fund the local share of the cost of levee improvement projects along the Yolo Bypass and Sacramento River, to meet federal design standards and California 200-year urban levee design criteria and to achieve an urban level of flood protection as defined by the state.
(d) Changes in federal and state engineering standards significantly affected the scope and expected cost of the West Sacramento Project. These changes are reflected in a series of engineering and environmental impact studies prepared by the United States Army Corps of Engineers with the cooperation of the Department of Water Resources, the Central Valley Flood Protection Board, and the West Sacramento Area Flood Control Agency. These studies supported federal authorization of regional improvements to the Sacramento River Flood Control Project, including federal authorizations in the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), for strengthening the levee system that protects the City of West Sacramento.
(e) A modification to the state authorization is needed to accommodate federally authorized levee improvements along the Yolo Bypass, Sacramento Bypass, and Sacramento River authorized by the United States Congress as part of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in the Report entitled “West Sacramento Project General Reevaluation Report” dated December 2015 and to meet state and local flood risk reduction objectives.

SEC. 2.

 Section 12670.5 is added to the Water Code, to read:

12670.5.
 The West Sacramento Project for flood risk reduction along the Yolo Bypass, Sacramento Bypass, and Sacramento River adopted and authorized by the United States Congress in the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), is hereby adopted and approved substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in the Report entitled “West Sacramento Project General Reevaluation Report” and dated December 2015, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation, upon the recommendation and advice of the department or the board.

SEC. 3.

 Section 1.5 is added to Chapter 100 of the Statutes of 1911, to read:

SEC. 1.5.

 (a) The boundaries of, and territory included within, the reclamation district shall incorporate the parcels that compose Maintenance Area 4, as established by the former Reclamation Board under a resolution adopted January 24, 1951, and recorded February 2, 1951, in Book 337, page 380 and following, Official Records of the County of Yolo.
(b) Maintenance Area 4 may be dissolved only upon the execution of the assurance agreement and assumption of project levee maintenance responsibilities by the reclamation district, or by a member agency that is a signatory to the assurance agreement, for the maintenance area, in accordance with Sections 8370, 8618, 12642, and 12828 of the Water Code.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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