BILL ANALYSIS
AB 1871
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Date of Hearing: April 9, 2002
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Joseph E. Canciamilla, Chair
AB 1871 (Hollingsworth) - As Amended: April 3, 2002
SUBJECT : Water development projects; approved projects.
SUMMARY : Adopts and authorizes the downstream reach and the
upstream reach of the Murrieta Creek Flood Control Project
(Project) in Riverside County. Specifically, this bill :
1)Makes various findings including that the Project has two
distinct reaches, the downstream reach, which extends
southerly of Winchester Road, and the upstream reach,
extending northerly of Winchester Road.
2)Adopts and authorizes the downstream reach and the upstream
reach of the Project.
3)Specifies that the downstream reach of the flood management
project meets all of the requirements of existing law to
qualify for financial assistance under the state flood control
subvention program.
4)Specifies that the upstream reach of the Project meets the
requirements of existing law that provides for the state to
pay 50% of the non-federal capital costs of the recreation and
fish and wildlife enhancement features of the project, if
specifically authorized by the Legislature.
5)Requires the Riverside County Flood Control and Water
Conservation District (District) to give assurances to the
federal government that the district will provide the local
cooperation required by law.
6)Declares that this special statute is necessary because of
unique circumstances applicable only to the Project.
EXISTING LAW : Provides for state participation in local flood
control projects that qualify for federal financial assistance
and are authorized by Congress.
FISCAL EFFECT : Unknown.
AB 1871
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COMMENTS :
Congress authorized the Project in October 2000. The Project
must now be approved and authorized by the Legislature in order
to qualify for future subvention reimbursement.
The Project will be seven miles long and will provide 100-year
flood protection to the cities of Temecula and Murrieta. The
Project cost is estimated to be $91 million. The federal
government has approved funding 65% of the project.
AB 1871
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The upstream reach of the Project will, according to the
sponsor, provide over 200 acres of wetlands and riparian habitat
enhancement, and will include a 50-acre active recreation park
in one corner of the basin. Equestrian, pedestrian and biking
trails will be provided over the full length of the project.
The State Constitution states that "All laws of a general nature
have uniform operation." and, "A local or special statute is
invalid in any case if a general statute can be made
applicable." The declaration of special circumstances is
intended to indicate to the court, if the bill is enacted and
should a suit be brought, that the Legislature was aware of this
provision of the Constitution at the time it passed the statute.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Murrieta
City of Temecula
Riverside County Board of Supervisors (sponsor)
Opposition
None on File
Analysis Prepared by : Kathy Mannion / W., P. & W. / (916)
319-2096