California Senate Bill SB1386 Introduced / Bill

 BILL NUMBER: SB 1386INTRODUCED BILL TEXT INTRODUCED BY Senator Lowenthal FEBRUARY 24, 2012 An act to amend Section 12929.12 of, to repeal Chapter 1 (commencing with Section 12300) of Part 4.8 of Division 6 of, and to amend and renumber the heading of Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6 of, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 1386, as introduced, Lowenthal. Delta Flood Protection Fund. Existing law establishes the Delta Flood Protection Fund in the State Treasury and states the intent of the Legislature to annually appropriate specified amounts of money in the fund to the Department of Water Resources for delta levee maintenance and delta flood protection projects. Existing law abolished the Delta Flood Protection Fund on July 1, 2010. This bill would repeal obsolete provisions establishing the Delta Flood Protection Fund and would make conforming changes to existing law. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 1 (commencing with Section 12300) of Part 4.8 of Division 6 of the Water Code is repealed. SEC. 2. The heading of Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6 of the Water Code is amended and renumbered to read: CHAPTER  1.5.   1.   ENVIRONMENTAL MITIGATION AND PROTECTION REQUIREMENTS   GENERAL PROVISIONS  SEC. 3. Section 12929.12 of the Water Code is amended to read: 12929.12. (a) It is the intent of the Legislature that sixty-five million dollars ($65,000,000) of the funds that may be transferred, pursuant to paragraph (3) of subdivision (b) of Section 12937, to the California Water Fund from the California Water Resources Development Bond Fund, shall be appropriated to the Environmental Water Fund. It is the intent of the Legislature, subject to subdivision (b), to appropriate to the Environmental Water Fund one million dollars ($1,000,000) in the 1990-91 fiscal year and eight million dollars ($8,000,000) per year in fiscal years 1991-92 to 1998-99, inclusive. However, the director, in consultation with the Department of Finance, may accelerate payments to the California Water Fund for appropriation to the Environmental Water Fund if the director deems it appropriate to do so. (b) It is the further intent of the Legislature that if the director determines that all or any portion of the amount that would otherwise be appropriated in any fiscal year to the Environmental Water Fund in accordance with subdivision (a)  , or to the Delta Flood Protection Fund pursuant to Section 12303,  is required for continued construction of the State Water Resources Development System pursuant to Section 12938, the entire amount that would otherwise be appropriated to the Environmental Fund for that fiscal year shall be reduced  to zero before any reduction is made in the amount to be appropriated to the Delta Flood Protection Fund   accordingly  . It is also the intent of the Legislature that any reduction in funds appropriated to the Environmental Water Fund  and the Delta Flood Protection Fund  pursuant to this subdivision be made up from funds transferred to the California Water Fund pursuant to paragraph (3) of subdivision (b) of Section 12937 in subsequent fiscal years.