California Water Code 12749.99 – (a) The state may provide subvention funds in accordance with …
(a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, 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.
Terms Used In California Water Code 12749.99
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- County: includes city and county. See California Water Code 14
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
- United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
(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 the subvention funds upon the recommendations and advice of the department.
(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district 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, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for 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.
(Added by Stats. 2018, Ch. 685, Sec. 1. (SB 881) Effective January 1, 2019.)