BILL NUMBER: SB 619CHAPTERED BILL TEXT CHAPTER 195 FILED WITH SECRETARY OF STATE OCTOBER 11, 2009 APPROVED BY GOVERNOR OCTOBER 11, 2009 PASSED THE SENATE JUNE 3, 2009 PASSED THE ASSEMBLY SEPTEMBER 2, 2009 AMENDED IN SENATE APRIL 13, 2009 INTRODUCED BY Senator Strickland (Principal coauthor: Assembly Member Nava) FEBRUARY 27, 2009 An act to add Section 12749.98 to the Water Code, relating to water projects. LEGISLATIVE COUNSEL'S DIGEST SB 619, Strickland. Flood control: County of Santa Barbara: Lower Mission Creek. Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the County of Santa Barbara, or to local agencies in that county, for a flood control project on the Lower Mission Creek, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the department and upon a determination by the department that the project meets those financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12749.98 is added to the Water Code, to read: 12749.98. (a) The state may provide subvention funds in accordance with Section 12585.7 to the County of Santa Barbara, or to local agencies in the county, for the project for flood damage reduction, Santa Barbara streams, Lower Mission Creek, California, authorized by Section 3034 of the Water Resources Development Act of 2007 (Public Law 110-114), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers, as follows: (1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department. (2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7. (b) The state assumes no liability for damages that may result from the project by either of the following: (1) Authorizing the provision of subvention funds in accordance with this section. (2) The appropriation by the Legislature of these subvention funds upon the recommendations and advice of the department. (c) A county or local agency may receive the subvention funds only if it enters into an agreement with the department pursuant to which the county or local agency agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project. (d) For the purposes of this section, "liability for damages" includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.