California Water Code 12585.5 – Notwithstanding any other provision of Chapter 2 (commencing with …
Notwithstanding any other provision of Chapter 2 (commencing with Section 12639), Chapter 3 (commencing with Section 12800), and this chapter, the following policy shall apply to projects authorized by the Legislature after January 1, 1987, and to small flood control projects authorized by Section 12750 for which the department made the findings required by Section 12750.1 after January 1, 1987:
(a) The state shall pay 70 percent of the nonfederal capital costs required by Section 103(a) of Public Law 99-662.
Terms Used In California Water Code 12585.5
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
(b) The state shall pay 70 percent of the nonfederal capital costs of fish and wildlife mitigation.
(c) The state shall pay 70 percent of the nonfederal planning and engineering costs required by Section 105(b) and the nonfederal design costs required by Section 105(c) of Public Law 99-662.
(d) The local agency may receive credit against its share of the costs of lands, easements, and rights-of-way, as determined in subdivision (a), for lands required for the project which were acquired not more than five years prior to federal authorization of the project. The amount of this credit shall be determined by the department or the Reclamation Board by applying the 70 percent state portion as determined in subdivision (a) to the actual costs of the local agency in the case of acquisition by purchase or condemnation and to the fair market value at the time the title is transferred in the case of acquisition free of charge.
(e) The state payments under subdivisions (a), (b), (c), and (d) are subject to Section 12585.1.
(Added by Stats. 1988, Ch. 1251, Sec. 1.)