2007 California Water Code Part 7. Project Costs For Local Governmental Services

CA Codes (wat:12950-12961)

12950.  It is declared to be the responsibility of the State of
California to assist local governments in providing certain essential
services and facilities where water resource construction projects
financed, in whole or in part, by the State or by the State jointly
with the federal government create an undue burden on a local area's
ability to provide these services and facilities.  State
responsibility for providing financial assistance under such
circumstances includes the following:  police and fire protection,
public health and hospitals, sanitation, emergency and indigent
relief, and such other activities for which there is a demonstrated
urgent need and which are approved by the State Department of Finance
and the State Department of Water Resources.



12951.  State expenditures and loans for aid to local governments
provided in accordance with the provisions of this part are a part of
the project cost of the project giving rise to the creation of the
impact area.


12952.  The Governor may designate, from time to time, and may
revoke previous designations of, the area within a 20-mile airline
radius of the site of principal construction of any water
construction project undertaken by the State as an impact area when:

   (a) He is requested to do so by the county board of supervisors or
the city council of any county or city within the impact area; and
   (b) He finds that:
   (1) Such construction will cause a sudden influx of people into
the impact area.
   (2) The construction will require more than 12 months to complete.

   (3) The construction will result in serious fiscal problems to the
affected local governments.
   (4) Peak construction employment on the project within the impact
area is estimated by the Department of Water Resources to total more
than 500 employees.
   (5) The increase in population in the impact area, found by
multiplying such peak construction employment as estimated by the
Department of Water Resources by 4.5, equals at least 20 percent of
the estimated population in the area on July 1st of the year prior to
the date that construction was started. At any time that the
increase in population falls below 20 percent of the estimated
population of the area, the designation shall terminate as of the
following June 30th.  All population data are to be determined by the
Department of Finance.



12953.  For the purposes of this part the Department of Water
Resources shall designate the site of principal construction of every
water construction project undertaken by the State, and the date
construction was started.


12954.  As used in this part, "peak employment" means the largest
number of persons employed in any one year at a site of principal
construction and at such other sites as may be related directly
thereto within the impact area by the Department of Water Resources,
contractors and subcontractors in connection with the construction
project.



12955.  Requests by any city, county, or district to have an area
designated an impact area may be made at any time after the
authorization of a water resources project by the Legislature.
Except with respect to assistance during the first year of
construction or during the first year after enactment of a law
providing state aid, requests for financial assistance under
provisions of this part shall be made at least six months prior to
the beginning of the fiscal year for which the assistance is
requested.



12956.  When an impact area has been designated by the Governor the
State will pay:
   (a) The increased operating expenses necessitated by population
increase within the impact area for maintenance of police and fire
protection, public hospitals, public health and sanitation and such
other activities as may be approved by the Department of Finance and
the Department of Water Resources at the same level of service as
prevailed within or for the impact area prior to the start of the
construction.  A subsequent increase in the level of a specific
service may be approved by the State Department of Finance.  Level of
service shall be measured by the ratio of personnel or facilities
serving the impact area to the total population within the same area.
  The portion of the construction-generated population expected to
reside within the impact area shall be estimated by the Department of
Water Resources for each fiscal year in which the State provides
financial assistance under this part to any governmental agency.
   (b) Seventy-five percent of the increased cost to the county of
emergency and indigent relief provided by the county under the
provisions of Chapter 2 (commencing at Section 2500) of Division 4 of
the Welfare and Institutions Code at standards that existed prior to
the start of construction.  An increase in such standards may be
approved by the State Department of Finance.  The State will also pay
all necessary increased costs resulting from personnel, office, and
automobile expenses created by an increase in the emergency and
indigent caseload, as determined by the Department of Finance.



12957.  Funds for capital outlay expenditures for police and fire
protection, essential health services, and water and sewerage systems
required to serve the expanded population in the impact area may be
provided to any city, county, or district rendering, in whole or in
part, any of the services described in Section 12950, upon their
application under either or both of the following options to be
exercised by the local governing bodies:
   (a) A loan by the State to the local agency for all or any part of
such expenditures; such loans to be entirely repaid within 30 years
at a rate of interest one-quarter of 1 percent higher than the
interest cost to the State for long-term loans at the time of the
loan.
   (b) Direct state expenditures to meet all or any part of such
needs.  Direct state expenditures shall be for temporary facilities
which shall be dismantled upon completion of the water project
construction.


12958.  Upon the designation of an impact area by the Governor, the
State Department of Finance shall recommend the appropriation of
funds and the division of state assistance among the local
governments in the impact area.  For this purpose the State
Department of Finance shall be given access to such records and
documents as may be necessary to accomplish this objective by the
affected local governments.



12959.  Notwithstanding any other provision of this part, except as
to projects constructed by the Department of Water Resources, the
maximum amount of money paid under this part shall not exceed that
proportion of the total cost of the needed assistance as the amount
of the State's financial participation in a project bears to the
total cost of the project.



12960.  When certified by the Department of Water Resources, claims
of local agencies for state financial assistance shall be presented
to the State Controller for payment out of funds made available
therefor.  The State Controller shall make such audit as he deems
necessary, before or after disbursement, for the purpose of
determining that any money received by any city, county, or district
as state financial assistance hereunder has been expended for the
purposes and under the conditions authorized under this division.



12961.  This part shall be known, and may be cited, as the Byrne
Act.