BILL NUMBER: AB 1871 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2002
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 amended, Hollingsworth. Water development projects:
approved projects Murrieta Creek Flood
Control Project .
Existing law provides for state cooperation and participation
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 the Murrieta Creek Flood
Control Project in Riverside County in accordance with federal
law , and with the state's participation . 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 applicable only to
the Murrieta Creek Flood Control Project , 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. The Legislature finds and declares all of the
following:
(a) The United States Congress has determined that the impacts of
flooding can be reduced through the construction of the Murrieta
Creek Flood Control Project, which carefully balances flood control
and environmental issues, and provides high quality, low maintenance
flood control facilities coupled with recreation and environmental
restoration.
(b) The Murrieta Creek Flood Control Project incorporates features
that substantially reduce potential flood damages to existing
residences, business, agriculture and interstate commerce, while
avoiding, minimizing, and mitigating impacts to environmental and
recreational values.
(c) The Murrieta Creek Flood Control Project has been designed to
produce the greatest feasible reduction in flood damages in the most
efficient manner practicable, with due regard for environmental and
recreational considerations, and local economic conditions. As
designed, the project serves multipurpose objectives, including flood
control, habitat restoration, and enhanced recreational
opportunities.
(d) The Murrieta Creek Flood Control Project includes two distinct
reaches, the downstream reach, which extends southerly of Winchester
Road, and the upstream reach, extending northerly of Winchester
Road.
(e) The total annual benefit of providing protection from flood
damages provided by the downstream portion of the Murrieta Creek
Flood Control Project exceeds the annual cost of the project
allocable to flood management, and is therefore eligible for funding
under Section 12585.7 of the Water Code.
(f) The recreation and fish and wildlife enhancement features
resulting from habitat restoration make the upstream reach of the
Murrieta Creek Flood Control Project eligible for funding under
Section 12847 of the Water Code.
SEC. 2. Section 12749.93 is added to the Water Code, to
read:
12749.93. (a) The project for flood control on the
Murrieta Creek downstream reach of the Murrieta Creek
Flood Control Project, meeting the requirements of Section 12582.7,
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 upstream reach of the Murrieta Creek Flood Control
Project is adopted and authorized for state participation pursuant to
Section 12847 of the Water Code.
(c) 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)
(d) 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.
SEC. 3. The Legislature finds and declares that, because of
the unique circumstances applicable only to Murrieta Creek
the Murrieta Creek Flood Control Project , 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.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California Constitution.