BILL NUMBER: AB 1871	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hollingsworth

                        JANUARY 31, 2002

   An act to add Section 12749.93 to the Water Code, relating to
water development projects.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1871, as introduced, Hollingsworth.  Water development
projects: approved projects.
   Existing law provides for state cooperation with the federal
government in the construction of various flood control projects.
   This bill would adopt and authorize a flood protection project for
Murrieta Creek in Riverside County in accordance with federal law.
The bill would require the Riverside County Flood Control and Water
Conservation District to carry out the project and to give assurances
of local cooperation to the Secretary of the Army, thereby imposing
a state-mandated local program.
   This bill would declare that, due to the special circumstances
surrounding Murrieta Creek, a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution, and the enactment of a special statute is
therefore necessary.
  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 no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12749.93 is added to the Water Code, to read:
   12749.93.  (a) The project for flood control on the Murrieta Creek
is adopted and authorized substantially in accordance with Public
Law 106-377, enacted on October 27, 2000, at an estimated cost to the
state of the sum that may be appropriated by the Legislature for
state cooperation, upon the recommendation and advice of the
department.
   (b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by federal law will be
furnished by the district in connection with the project for flood
control adopted and authorized in subdivision (a).
   (c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances applicable only to Murrieta Creek, a statute of
general applicability cannot be enacted within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution. Therefore, this special statute is necessary.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
are the result of a program for which legislative authority was
requested by that local agency or school district, within the meaning
of Section 17556 of the Government Code and Section 6 of Article
XIIIB of the California Constitution.