Amended IN Assembly June 13, 2022 Amended IN Senate March 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 489Introduced by Senator LairdFebruary 17, 2021An act to amend Sections 12042 and 12043 of the Food and Agricultural Code, relating to pest control. Section 12687.5 of the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTSB 489, as amended, Laird. Pest control: Agricultural Pest Control Advisory Committee. Flood management projects: state funding: Pajaro River Flood Risk Management Project.Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. For certain flood control projects authorized on or after January 1, 2002, or for small flood management projects for which specified findings have been made on or after that date, existing law requires the state to pay 50% of specified nonfederal costs. Existing law authorizes the state to pay up to 70% of those nonfederal costs upon the recommendation of the Department of Water Resources or the Central Valley Flood Protection Board if either entity determines that the project will advance one of several specified objectives. Notwithstanding these requirements, existing law authorizes the state to provide subvention of funds, up to 100% of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, as described, to those counties, or to local agencies in those counties, as provided. Existing law authorizes state funding, upon appropriation by the Legislature, to be used for planning, engineering, designing, and constructing the flood control project, as provided. In the absence of federal funding, existing law authorizes the state, through the Flood Control Subventions Program, to fund the planning, engineering, design, and construction of the project, as provided, so long as state funds do not exceed the states share of funds if federal funding was provided. Existing law requires the department to make specified findings before any funds appropriated by the Legislature are provided to the flood control project.This bill would authorize the state, through the Flood Control Subventions Program, to advance funds for planning, engineering, designing, and constructing the flood control project, as well as for the acquisition of required lands, easements, rights-of-way, and utility relocations, among other purposes. The bill would grant the state discretion to reduce retention withheld under any cost-share agreement to fund the flood control project to 0%. The bill would revise the limitation on the amount of state funding provided in the absence of federal funding by instead authorizing the state to advance funding in the absence, in whole or in part, of federal funding, in an amount that does not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.Existing law establishes the Agricultural Pest Control Advisory Committee within the Department of Pesticide Regulation for the purposes of advising the Director of Pesticide Regulation in all matters concerning licensing, certification, and regulation of persons and firms licensed or certified for pest control operations. Existing law sets forth the composition of the advisory committee, including one member representing the general public.This bill would increase from one to 2 the members representing the general public and would make a conforming change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12687.5 of the Water Code is amended to read:12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.(e)(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.(f)(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.(f) For 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.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to improve flood control on the Pajaro River located in the Counties of Monterey and Santa Cruz as described in Section 1 of this act.SECTION 1.Section 12042 of the Food and Agricultural Code is amended to read:12042.There is in the department an Agricultural Pest Control Advisory Committee, appointed by the director, consisting of the following members:(a)One member representing agricultural pest control advisers.(b)One member representing agricultural pest control businesses.(c)One member representing pest control maintenance gardeners.(d)One member representing pest control aircraft pilots.(e)One member representing pesticide dealers.(f)One member representing commercial applicator certificate holders.(g)One member representing registrants, as defined in Section 12755.(h)One member representing the California Agricultural Commissioners and Sealers Association.(i)One member representing the University of California, Division of Agriculture and Natural Resources, who is nominated by the board of regents and who specializes in pest management.(j)One member representing the Board of Trustees of the California State University system.(k)One member representing the Board of Governors of the California Community College system.(l)One member representing producers, as defined in Section 56110.(m)Two members representing the general public.SEC. 2.Section 12043 of the Food and Agricultural Code is amended to read:12043.The public members shall be appointed to the committee by the director from nominees recommended by the committee. The public members shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.
Amended IN Assembly June 13, 2022 Amended IN Senate March 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 489Introduced by Senator LairdFebruary 17, 2021An act to amend Sections 12042 and 12043 of the Food and Agricultural Code, relating to pest control. Section 12687.5 of the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTSB 489, as amended, Laird. Pest control: Agricultural Pest Control Advisory Committee. Flood management projects: state funding: Pajaro River Flood Risk Management Project.Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. For certain flood control projects authorized on or after January 1, 2002, or for small flood management projects for which specified findings have been made on or after that date, existing law requires the state to pay 50% of specified nonfederal costs. Existing law authorizes the state to pay up to 70% of those nonfederal costs upon the recommendation of the Department of Water Resources or the Central Valley Flood Protection Board if either entity determines that the project will advance one of several specified objectives. Notwithstanding these requirements, existing law authorizes the state to provide subvention of funds, up to 100% of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, as described, to those counties, or to local agencies in those counties, as provided. Existing law authorizes state funding, upon appropriation by the Legislature, to be used for planning, engineering, designing, and constructing the flood control project, as provided. In the absence of federal funding, existing law authorizes the state, through the Flood Control Subventions Program, to fund the planning, engineering, design, and construction of the project, as provided, so long as state funds do not exceed the states share of funds if federal funding was provided. Existing law requires the department to make specified findings before any funds appropriated by the Legislature are provided to the flood control project.This bill would authorize the state, through the Flood Control Subventions Program, to advance funds for planning, engineering, designing, and constructing the flood control project, as well as for the acquisition of required lands, easements, rights-of-way, and utility relocations, among other purposes. The bill would grant the state discretion to reduce retention withheld under any cost-share agreement to fund the flood control project to 0%. The bill would revise the limitation on the amount of state funding provided in the absence of federal funding by instead authorizing the state to advance funding in the absence, in whole or in part, of federal funding, in an amount that does not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.Existing law establishes the Agricultural Pest Control Advisory Committee within the Department of Pesticide Regulation for the purposes of advising the Director of Pesticide Regulation in all matters concerning licensing, certification, and regulation of persons and firms licensed or certified for pest control operations. Existing law sets forth the composition of the advisory committee, including one member representing the general public.This bill would increase from one to 2 the members representing the general public and would make a conforming change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 13, 2022 Amended IN Senate March 24, 2021
Amended IN Assembly June 13, 2022
Amended IN Senate March 24, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 489
Introduced by Senator LairdFebruary 17, 2021
Introduced by Senator Laird
February 17, 2021
An act to amend Sections 12042 and 12043 of the Food and Agricultural Code, relating to pest control. Section 12687.5 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 489, as amended, Laird. Pest control: Agricultural Pest Control Advisory Committee. Flood management projects: state funding: Pajaro River Flood Risk Management Project.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. For certain flood control projects authorized on or after January 1, 2002, or for small flood management projects for which specified findings have been made on or after that date, existing law requires the state to pay 50% of specified nonfederal costs. Existing law authorizes the state to pay up to 70% of those nonfederal costs upon the recommendation of the Department of Water Resources or the Central Valley Flood Protection Board if either entity determines that the project will advance one of several specified objectives. Notwithstanding these requirements, existing law authorizes the state to provide subvention of funds, up to 100% of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, as described, to those counties, or to local agencies in those counties, as provided. Existing law authorizes state funding, upon appropriation by the Legislature, to be used for planning, engineering, designing, and constructing the flood control project, as provided. In the absence of federal funding, existing law authorizes the state, through the Flood Control Subventions Program, to fund the planning, engineering, design, and construction of the project, as provided, so long as state funds do not exceed the states share of funds if federal funding was provided. Existing law requires the department to make specified findings before any funds appropriated by the Legislature are provided to the flood control project.This bill would authorize the state, through the Flood Control Subventions Program, to advance funds for planning, engineering, designing, and constructing the flood control project, as well as for the acquisition of required lands, easements, rights-of-way, and utility relocations, among other purposes. The bill would grant the state discretion to reduce retention withheld under any cost-share agreement to fund the flood control project to 0%. The bill would revise the limitation on the amount of state funding provided in the absence of federal funding by instead authorizing the state to advance funding in the absence, in whole or in part, of federal funding, in an amount that does not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.Existing law establishes the Agricultural Pest Control Advisory Committee within the Department of Pesticide Regulation for the purposes of advising the Director of Pesticide Regulation in all matters concerning licensing, certification, and regulation of persons and firms licensed or certified for pest control operations. Existing law sets forth the composition of the advisory committee, including one member representing the general public.This bill would increase from one to 2 the members representing the general public and would make a conforming change.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. For certain flood control projects authorized on or after January 1, 2002, or for small flood management projects for which specified findings have been made on or after that date, existing law requires the state to pay 50% of specified nonfederal costs. Existing law authorizes the state to pay up to 70% of those nonfederal costs upon the recommendation of the Department of Water Resources or the Central Valley Flood Protection Board if either entity determines that the project will advance one of several specified objectives. Notwithstanding these requirements, existing law authorizes the state to provide subvention of funds, up to 100% of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, as described, to those counties, or to local agencies in those counties, as provided. Existing law authorizes state funding, upon appropriation by the Legislature, to be used for planning, engineering, designing, and constructing the flood control project, as provided. In the absence of federal funding, existing law authorizes the state, through the Flood Control Subventions Program, to fund the planning, engineering, design, and construction of the project, as provided, so long as state funds do not exceed the states share of funds if federal funding was provided. Existing law requires the department to make specified findings before any funds appropriated by the Legislature are provided to the flood control project.
This bill would authorize the state, through the Flood Control Subventions Program, to advance funds for planning, engineering, designing, and constructing the flood control project, as well as for the acquisition of required lands, easements, rights-of-way, and utility relocations, among other purposes. The bill would grant the state discretion to reduce retention withheld under any cost-share agreement to fund the flood control project to 0%. The bill would revise the limitation on the amount of state funding provided in the absence of federal funding by instead authorizing the state to advance funding in the absence, in whole or in part, of federal funding, in an amount that does not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.
Existing law establishes the Agricultural Pest Control Advisory Committee within the Department of Pesticide Regulation for the purposes of advising the Director of Pesticide Regulation in all matters concerning licensing, certification, and regulation of persons and firms licensed or certified for pest control operations. Existing law sets forth the composition of the advisory committee, including one member representing the general public.
This bill would increase from one to 2 the members representing the general public and would make a conforming change.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12687.5 of the Water Code is amended to read:12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.(e)(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.(f)(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.(f) For 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.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to improve flood control on the Pajaro River located in the Counties of Monterey and Santa Cruz as described in Section 1 of this act.SECTION 1.Section 12042 of the Food and Agricultural Code is amended to read:12042.There is in the department an Agricultural Pest Control Advisory Committee, appointed by the director, consisting of the following members:(a)One member representing agricultural pest control advisers.(b)One member representing agricultural pest control businesses.(c)One member representing pest control maintenance gardeners.(d)One member representing pest control aircraft pilots.(e)One member representing pesticide dealers.(f)One member representing commercial applicator certificate holders.(g)One member representing registrants, as defined in Section 12755.(h)One member representing the California Agricultural Commissioners and Sealers Association.(i)One member representing the University of California, Division of Agriculture and Natural Resources, who is nominated by the board of regents and who specializes in pest management.(j)One member representing the Board of Trustees of the California State University system.(k)One member representing the Board of Governors of the California Community College system.(l)One member representing producers, as defined in Section 56110.(m)Two members representing the general public.SEC. 2.Section 12043 of the Food and Agricultural Code is amended to read:12043.The public members shall be appointed to the committee by the director from nominees recommended by the committee. The public members shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12687.5 of the Water Code is amended to read:12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.(e)(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.(f)(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.(f) For 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.
SECTION 1. Section 12687.5 of the Water Code is amended to read:
### SECTION 1.
12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.(e)(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.(f)(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.(f) For 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.
12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.(e)(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.(f)(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.(f) For 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.
12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.(e)(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.(f)(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.(f) For 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.
12687.5. (a) Notwithstanding Section 12585.7, the state may provide subvention of funds, up to 100 percent of the costs, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the Flood Control Act of 1966 (Public Law 89-789), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, 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 The County of Monterey or Santa Cruz, or a local agency in either of those counties, 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.
(e)
(d) State funding, available upon appropriation by the Legislature, may be used for planning, engineering, designing, and constructing the project within authorized project boundaries as set forth in the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in House Document 491, 89th Congress, as authorized by the Flood Control Act of 1966 (Public Law 89-789). In the absence of federal funding, the The state, through the Flood Control Subventions Program, may fund advance funds for the planning, engineering, design, and construction of the authorized project, and the acquisition of required lands, easements, rights-of-way, utility relocations, disposal sites, and borrow areas for, and mitigation of, the authorized project, as specified in the Army Corps of Engineers report entitled Pajaro River Flood Risk Management General Reevaluation Report & Integrated Environmental Assessment, in which case the funding shall not exceed the amount that would be the equivalent state share if there was federal project funding. Assessment. The state shall have the discretion to reduce retention withheld under any cost-share agreement to fund the Pajaro River Flood Risk Management Project to 0 percent and is authorized to advance funding in the absence, in whole or in part, of federal funding, in which case the funding shall not exceed the amount that would be the equivalent nonfederal share if there was federal project funding.
(f)
(e) Before any funds appropriated by the Legislature are provided to the flood control project, the Director of Water Resources shall find both of the following:
(1) The project qualifies for greater than a 100 percent state cost share based upon the gross calculation of the cumulative benefits the project provides as described in a nonfederal cost share cost-share report submitted to the department for the project.
(2) The project spans more than one county, contains significant state assets, and widespread economic hardship exists throughout the benefit area of the project, as demonstrated in a nonfederal cost share cost-share report submitted to the department for the project, and the project would aid in the restoration of a groundwater aquifer.
(f) For 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.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to improve flood control on the Pajaro River located in the Counties of Monterey and Santa Cruz as described in Section 1 of this act.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to improve flood control on the Pajaro River located in the Counties of Monterey and Santa Cruz as described in Section 1 of this act.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to improve flood control on the Pajaro River located in the Counties of Monterey and Santa Cruz as described in Section 1 of this act.
### SEC. 2.
There is in the department an Agricultural Pest Control Advisory Committee, appointed by the director, consisting of the following members:
(a)One member representing agricultural pest control advisers.
(b)One member representing agricultural pest control businesses.
(c)One member representing pest control maintenance gardeners.
(d)One member representing pest control aircraft pilots.
(e)One member representing pesticide dealers.
(f)One member representing commercial applicator certificate holders.
(g)One member representing registrants, as defined in Section 12755.
(h)One member representing the California Agricultural Commissioners and Sealers Association.
(i)One member representing the University of California, Division of Agriculture and Natural Resources, who is nominated by the board of regents and who specializes in pest management.
(j)One member representing the Board of Trustees of the California State University system.
(k)One member representing the Board of Governors of the California Community College system.
(l)One member representing producers, as defined in Section 56110.
(m)Two members representing the general public.
The public members shall be appointed to the committee by the director from nominees recommended by the committee. The public members shall represent the interests of the general public in all matters coming before the committee and shall have the same voting and other rights and immunities as other members of the committee.