HomeMy WebLinkAboutMINUTES - 04102006 - C.57 i
i
TO: Board of Supervisors ------A,-
Contra
FROM: Transportation, Water and,lnfrastructure Committee -; Costa
(Supervisor Federal Glover, Chair)
County
DATE: April 10, 2006 � •
SUBJECT: Transportation legislation
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT a Support position on AB 2295 (Arambula, D-Fresno), a Watch position on AB 2444
(Klehs, D-Hayward), and a Watchl position on ACA 4 (Plescia, R-San Diego), as recommended
by the Transportation, Water and Infrastructure Committee; and
AUTHORIZE the Chair of the Board rto sign letters to legislators indicating support for AB 2295.
FISCAL IMPACT
NONE to the General Fund.All three of the bills have some implications for state transportation
funding in the future.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Transportation, Water and Infrastructure Committee monitors transportation legislation that
pertains to the Board's adopted goals for transportation in 2006.The Committee on April 10 reviewed
several bills pending in Sacramento and recommends the Board adopt the following positions.
CONTINUED ON ATTACHM T: I X YES
RECOMMENDATION O COUNTi f D INISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE HER %
SIGNATURE Su -e,r�isnr-M jNe'edl Pie ho S ervisor Federal D. Glover
ACTION OF BOARD ON QWQC, APPROVED A ECOMMENDED ?"_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: + AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: i BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: John Greitzer (925/335.1201) 04174 Z
cc: Community Development Department (CDD) ATTESTED n
J. Bueren, PWD JOHN CULLEN, CLERK OF
S. Goetz, CDD THE BOARD OF SUPERVISORS.
S. Kowalewski, PWD A COUNTY ADMINISTRATOR
M. Shiu, PWD
M. Watts, Smith Watts Co.
G:\Transportation\Greitzer\Board Order\Transportation Legislation April 25 BOS.doc BY , PUTY
TRANSPORTATION LEGISLATION
APRIL 10,X006
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued)
AB 2295 (Arambula, D-Fresno), would clarify in state statute that local road rehabilitation
projects are eligible for funding through the State Transportation Improvement Program (STIP).
STIP funds are allocated by the State every other year, with 75 percent of the funds going;.into
the regional share program (and distributed by formula to counties)and 25 percent going to the
State's Inter-regional Road Program. This bill, sponsored by the California State Association of
Counties (CSAC) on behalf of California's rural counties, would state explicitly that local road
rehabilitation work is an eligible use of STIP funds. Historically rural counties used their shares
of STIP funding for local road rehabilitation work, but in recent years the State has not
programmed any funds for that purpose. Rural counties often need additional funding sources
for road rehabilitation because most dont have a local source of revenue to rely on such as
Measure C in Contra Costa County. CSAC has asked its member counties to support the bill.
The Transportation, Water andl Infrastructure Committee recommends the Board adopt a
position of"Support"for AB 2295 because it would provide flexibility in how STIP funds can be
used and clarify this in statute. The bill is in the Assembly Transportation Committee.
AB 2444 (Klehs, D-Hayward) Is a revised version of a Klehs bill vetoed by the Governor in
2005. The new bill would authorize the Bay Area's nine county-level congestion management
agencies (including the Contra Costa Transportation Authority)to impose a vehicle license fee
of up to $5 on vehicles registered in their county, to help finance traffic congestion relief
projects; and would also authorize the Bay Area Air Quality Management District to impose an
additional vehicle license fee of!up to $5 per vehicle, which the Air District would split with the
San Francisco Regional Water Quality Control Board for the Bay Region. The latter fee would
pay for projects that mitigate the environmental impacts that motor vehicles have on air quality
and water quality, such as storm water runoff mitigation projects. (In the bill reviewed by the
Transportation, Water and Infrastructure Committee on April 10,the air/water quality mitigation
fee was to be enacted by the Metropolitan Transportation Commission and then passed through
to the air quality and water quality agencies, but a recent amendment has written MTC out of
the bill.) The bill does not specify particular projects. Each of the authorized agencies would
have to develop a program of specific projects,a budget,and performance measures before the
fee could be enacted.A report must be submitted to the Legislature by July 1, 2011.The$5 fee
collected by would be passed through to the Bay Area Air Quality Management District and the
California Regional Water Quality Control Board for the Bay Region. The two agencies would
split the revenue. The Transportation, Water and Infrastructure Committee recommends the
Board adopt a "Watch"position on AB 2444. The bill could generate significant funds if the
authorized agencies chose to enact the fees, but there is no indication to date of any willingness
to do so. Since the Governor vetoed the original bill, which only authorized the MTC $5 fee, it
seems unlikely the Governor now would sign the new bill which could result in a $10 fee. The
bill is in the Assembly Transpirtation Committee.
ACA 4 (Plescia, R-San Diego) is a constitutional amendment that would prohibit future
suspensions of Proposition 421 transportation funding. Prop 42, passed by voters statewide in
2002, directs state sales tax revenue from gasoline to be placed in the state's transportation
program. However, the measure also contained provisions in which the revenue could be held
in the General Fund ("suspended") rather than transferred to transportation, if the Governor
declares a financial emergency and the Legislature approves it by a three-fourths majority.This
occurred shortly after Prop 421took effect. To date, about $2.2 billion in Prop 42 revenue has
been suspended. ACA 4 would prohibit any future suspensions of Prop 42 funds,ensuring they
would be used for transportation purposes as intended by the original proposition.This is one of
two approaches to resolving the Prop 42 issue under consideration in the Legislature as part of
I
i
TRANSPORTATION LEGISLATION
APRIL 10, 2006
Page 3
BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued)
the ongoing discussions on an infrastructure bond package for the November ballot. The other
approach — reflected in ACA 11 (Oropeza, D-Carson)— is to disallow future suspensions but
allow for loans of Prop 42 back to the General Fund in cases of financial emergency, subject to
certain restrictions and repayment provisions. The Board in 2005 adopted a Watch position on
ACA 11. The Transportation, Water and Infrastructure Committee recommends the Board adopt
a Watch position on ACA 4. This is consistent with the Board's adopted policy of seeking a
resolution to the Proposition 42 suspension issue, and repayment of Prop 42 funds to
transportation, as soon as possible.ACA 4 has passed the Assembly Transportation Committee
and is now in the Assembly Appropriations Committee.
Exhibit A is a recommended letter for the Chair's signature in support of AB 2295. Letters have
not been drafted for AB 2444 or ACA 4 because the County typically does not send letters to
legislators indicating "Watch" positions on bills.
Exhibit B is the full text of the three bills described in this report.
Exhibit C is a table summarizing all of the transportation bills being monitored by the County to
date. The three bills in this report are shown in bold type on the table in Exhibit C.
j
The Board of Supervisors Contra John Sweeten
County Administration Building Costa Clerk of the Board
s
651 Pine Street, Room 106 J and
Martinez, California 94553-1293 County
o u my County Administrator
IV_ (925)335-1900
John Gioia,1 st District
Gayle B.Uilkema,2nd District E.se o
Mary N.Piepho,3rd District
l c a\
Mark DeSaulnier,4th District _
Federal D.Glover,5th District
caSTq-biiPY�pP
April 25, 2006
The Honorable Juan Arambula
31St Assembly District
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0031
Dear Assemblymember Arambula:
The Contra Costa County Board of Supervisors today adopted a position of Support for AB
2295. The Board believes it willbe helpful to clarify in statute that local road rehabilitation work
is an eligible use of funds from the State Transportation Improvement Program.
Counties all over California are struggling to maintain adequate funding for road rehabilitation
work. Rural counties often lack the local transportation funding sources such as transportation
sales taxes adopted in more urbanized counties. Therefore the rural counties may rely on STIP
funding to help finance their road rehabilitation efforts.
Thank you for your efforts to codify this much-needed flexibility in the use of STIP funds.
Sin e ely,
John M. Gioia, Chair
Contra Costa County
Board of Supervisors
JMGIIG
c: The Hon.J.Canciamilla
The Hon.G.Houston
The Hon.L.Hancock
The Hon,T.Torlakson
D.Baker, CSAC
I Bueren,PWD
S.Hofftnan,CAO
S.Goetz,CDD
M.Watts,Smith Watts Co.
EXHIBIT B
CALIFORNIA LEGISLATURE-2005-06 REGULAR SESSION
ASSEMBLY BILL I No. 2295
Introduced by Assen b., Member Arambula
February 22;2006
An act to amend Section 164 of the Streets and Highways Code,
relating to transportation. I
LEGISLATIVE COUNSEL'S DIGEST
AB 2295, as introduced, Ara I bula. Transportation capital
improvement projects.
Existing taw generally provides for allocation of transportation
capital improvement funds pursuant to the State Transportation
Improvement Program process. Existing law provides for 75% of
funds available for transportation capital improvement projects to be
made available for regional projects, and 25% for interregional
projects. Existing law describes thel types of projects that may be
funded with the regional share of funds, and includes local road
projects as a category of eligible projects.
This bill would state that local road rehabilitation projects are
eligible for these funds.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 164 of the Streets and Highways Code
2 is amended to read:
3 164. (a) Funds made available for transportation capital
4 improvement projects under sulidivision (e) of Section 163 shall
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AB 2295 —2—
I
2-
1 be programmed and expended for the following program
2 categories:
3 (1) Twenty-five percent for interregional improvements.
4 (2) Seventy-five percent for regional improvements.
5 (b) Sixty percent of the funds available for interregional
6 improvements under paragraph (1) of subdivision (a) shall be
7 programmed and expended for improvements to state highways
8 that are specified in Sections 164 .10 to 164.20, inclusive, and
9 that are outside the boundaries) of an urbanized area with a
10 population of more than 50,000, and for intercity rail
11 improvements.
12 (c) Not less than 15 percelnt of the amount of funds
13 programmed under subdivision l(b) shall be programmed for
14 intercity rail improvement projects,including separation of grade
15 projects.
16 (d) Funds made available under paragraph (1) of subdivision
17 (a) shall be used for transportation improvement projects that are
18 needed to facilitate interregional'movement of people and goods.
19 The projects may include state highway, intercity passenger rail,
20 mass transit guideway, or grade separation projects.
21 (e) Funds made available under paragraph (2) of subdivision
22 (a) shall be used for transportation improvement projects that are
23 needed to improve transportation within the region. The projects
24 may include, but shall not lie limited to, improving state
25 highways, local roads (including local rehabilitation projects),
26 public transit, intercity rail,pedestrian,and bicycle facilities, and
27 grade separation, transportation system management,
28 transportation demand management, soundwall projects,
29 intermodal facilities,safety,and;providing funds to match federal
30 funds.
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AMENDED IN ASSEMB i Y APPdL 6,2006
CALIFORNIA LEGISLATURE-2005-06 REGULAR SESSION
ASSEMBLY BILL I No. 2444
Introduced by Assembly Member Klehs
(Coauthors:Assembly Members Lieber and Nation)
February 23,1 2006
An act to add Chapter 2.66 (commencing with Section 65089.20)
and Chapter 2.67 (commencing with Section 65089.30) to Division 1
of Title 7 of the Government Code, and to add Sections 9250.3 and
9250.4 to the Vehicle Code,relating to' transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2444, as amended, Klehs. Congestion management and motor
vehicle environmental mitigation fees(
Existing law provides for the imposition by air districts and other
local agencies of fees on the registration of motor vehicles in certain
areas of the state that are in addition)to the basic vehicle registration
fee collected by the Department of Motor Vehicles.
This bill would authorize the congestion management agencies in
the 9 Bay Area counties, by a % vote of all of the members of the
governing board, to impose an annual fee of up to $5 on motor
vehicles registered within those counties for a program for the
management of traffic congestion. The bill would require a program
with performance measures and a budget to be adopted before the fee
may be imposed. The bill would require the agency to have an
independent audit performed on the program and to submit a report to
the Legislature on the program by July 1,2011.The bill would require
the Department of Motor Vehicles, if requested, to collect the fee and
distribute the net revenues, after deduction of specified costs, to the
98
AB 2444 —2—
agency.
2—agency. The bill would require that the fees collected may only be
used to pay for programs bearing a lrelationship or benefit to the
owners of motor vehicles paying the fee, and would require the
agency to make a specified finding of fact in that regard by a Y, vote.
This bill would also authorize the
Eommission Bay Area Air Quality Management District,which is the
air pollution control district
for the 9-county Bay Area, to impose' an annual fee of up to $5 on
motor vehicles registered with its jurisdiction for programs that
mitigate the impacts of motor vehicles on the environment, including,
but not limited to, storm water runoff mitigation projects, water
quality improvement projects, and airj quality improvement projects.
The bill would require a program with performance measures and a
budget to be adopted by the Bay Area Air Quality Management
District and the California Regional Water Quality Control Board for
the San Francisco Bay Region before the fee may be imposed, and
would require the fee to be adopted by a z/, vote of–zH-ftf-- e
eemmissioners the governing board lof the district. The bill would
require the Department of Motor Vehicles, if requested, to collect the
fee and to distribute the net revenues, after deduction of specified
costs, to the Bay Area Air Quality Management District and to the
California Regional Water Qualityl Control Board for the San
Francisco Bay Region based on a specified formula. The bill would
require the recipient agencies to have Ian independent audit performed
on the program and to submit a report to the Legislature on the
program by July 1, 2011.The bill would require that the fees collected
may only be used to pay for programsi bearing a relationship or benefit
to the owners of motor vehicles paying the fee, and would require the
eentmAssien board to make a specified finding of fact in that regard by
a 2/, vote.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California+ do enact as follows:
I SECTION 1. Chapter 2.66 (commencing with Section
2 65089.20) is added to Division) 1 of Title 7 of the Government
3 Code,to read:
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1
—3— AB 2444
1 CHAPTER 2.66. MANAGEMENT OF TRAFFIC CONGESTION IN
2 THE BAYUREA
3
4 65089.20. (a) As used in this chapter, "county transportation
5 agency" means an agency designated pursuant to Section 66531
6 to develop the county transportation plan.
7 (b) A county transportation agency may impose a fee of up to
8 five dollars($5)on motor vehicles registered within the county if
9 the board of the county transportation agency adopts a resolution
10 providing for both the fee and a(corresponding program for the
11 management of traffic congestion as set forth in Sections
12 65089.21 to 65089.24, inclusive.lAdoption by the board requires
13 a vote of approval by two-thirds of all the members of the board.
14 (c) A fee imposed pursuant to this section shall not become
15 operative until six months after the effective date of this section
16 and pursuant to the resolution adopted by the board in
17 subdivision (b).
18 (d) A county transportation agency may adopt a resolution by
19 a majority vote of the board 'to cease collection of the fee
20 commencing on a date determined by the county transportation
21 agency in consultation with the Department of Motor Vehicles.
22 65089.21. (a) The net revenues from the fee distributed to the
23 county transportation agency pursuant to Section 9250.3 of the
24 Vehicle Code shall be used) for purposes of congestion
25 management consistent with the lobjectives of Section 65089.
es
26 (b) (1) The revenumay be used to pay for programs with a
27 relationship or benefit to the owners of motor vehicles that are
28 paying the fee. Hewe er, 'ie rel I . be used for the
29 Eligible projects include, but
30 are not limited to, roadway operations and improvements (not
31 including the construction of Jthrough freeway lanes), public
32 transit capital improvements and operations, and bicycle and
33 pedestrian safety projects and programs.
34 (2) Prior to imposing the lfee, the board of the county
35 transportation agency shall make a finding of fact by two-thirds
36 of all the members of the board of that county transportation
37 agency that those programs bear a relationship or benefit to the
38 motor vehicles that will pay the fee.
39 (c) The purpose of the congestion management program is to
40 address motor vehicle congestion.
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AB 2444 —4-
1 (d) Not more than 5 percent lof the fees distributed to the
2 county transportation agency shall be used by the agency for its
3 administrative costs associated with the program.
4 65089.22. Prior to the imposition of the fee by the county
5 transportation agency, a specific program with performance
6 measures and a budget shall first be developed and adopted by
7 the county transportation agency at a noticed public hearing.
8 65089.23. The county transportation agency shall have an
9 independent audit performed ori the specific program adopted
10 pursuant to Section 65089.221 with the review and report
11 provided to the board at a noticed public hearing.
12 65089.24. The county transportation agency shall provide a
13 report to the Legislature on the specific program adopted
14 pursuant to Section 65089.22 by July 1,2011.
15 SEC.2. Chapter 2.67(commencing with Section 65089.30)is
16 added to Division 1 of Title 7 of the Government Code,to read:
17
18 CHAPTER 2.67. ENVIRONMENTAL MITIGATION OF MOTOR
19 VEHICLES IN THE BAY AREA
20 1
21 65089.30. (a) As used in this chapter, " ' " meatts
22 . "board" means
23 the governing body of the Bay�Area Air Quality Management
24 District.
25 (b) The board may impose a fee of up to five
26 dollars ($5) on motor vehicles registered within the counties in
27 its jurisdiction if thisgin trers members of the board adopt
28 a resolution providing for both the fee and a corresponding
29 program for the mitigation of the impacts of motor vehicles on
30 the environment submitted to the-eemriftissio board as set forth
31 in Sections 65089.31 to 65089.34, inclusive. Adoption by the
32 commission requires a vote of approval of two-thirds of all the
33 eenntitissianers members of the board.
34 (c) A fee imposed pursuant to this section shall not become
35 operative until six months after,the effective date of this section
36 and pursuant to the resolution adopted by the eammissia board
37 in subdivision(b).
38 (d) The eotwnissia board may adopt a resolution by majority
39 vote to cease collection of the fee commencing on a date
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—5— AB 2444
1 determined by the eemn-,49siett board in consultation with the
2 Department of Motor Vehicles.
3 65089.31. (a) The net revenues available pursuant to Section
4 9250.4 of the Vehicle Code shall be distributed as follows:
5 (1) Fifty percent to the Bay Area Air Quality Management
6 District. Of these revenues,-60 75 percent shall be expended on
7 projects in the county of origin, as determined by the district, and
8 30 25 percent shall be expended on regional projects.
9 (2) Fifty percent to the California Regional Water Quality
10 Control Board for the San Francisco Bay Region. Of these
11 revenues,30 75 percent shall be expended on projects in the
12 county of origin, as determined Uy the board, and30 25 percent
13 shall be expended on regional projects.
14 (b) (1) The revenues may belused to pay for programs that
15 mitigate the impacts of motor vehicles on the environment,
16 including, but not limited to, storm water runoff mitigation
17 projects, water quality improvement projects, and air quality
18 improvement projects, including those that address emissions
19 that contribute to climate change. The programs shall have a
20 relationship or benefit to the owners of motor vehicles that are
21 paying the fee. 1
22 (2) Prior to the imposition of the fee, theissiari board
23 shall make a finding of fact by' a two-thirds vote of all of the
24 earnmissioners members of the board that those programs bear a
25 relationship or benefit to the motor vehicles that will pay the fee.
26 65089.32. Prior to the imposition of the fee by the
27 eammissia board, a specific program with performance
28 measures and a budget shall first be developed and adopted by
29 the Bay Area Air Quality Management District and the California
30 Regional Water Quality ControliBoard for the San Francisco Bay
31 Region for the anticipated revenues each agency is expected to
32 receive pursuant to Section 65089.31.The adoption shall occur at
33 a noticed public hearing of each agency. Each agency shall
34 submit the program and budget to the board.
35 65089.33. The Bay Area Air Quality Management District
36 and the California Regional Water Quality Control Board for the
37 San Francisco Bay Region shall have an independent audit
38 performed on the specific program adopted pursuant to Section
39 65089.32 with the review and report provided to each agency at a
40 noticed public hearing.
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i
AB 2444 —6-
1
6-1 65089.34. The Bay Area Air Quality Management District
2 and the California Regional Water Quality Control Board for the
3 San Francisco Bay Region shIall provide a report to the
4 Legislature on the specific program adopted pursuant to Section
5 65089.32 by July 1, 2011.
6 SEC. 3. Section 9250.3 is added to the Vehicle Code,to read:
7 9250.3. (a) The department shall, if requested by a county
8 transportation agency, collect the fee imposed pursuant to
9 Section 65089.20 of the Government Code upon the registration
10 or renewal of registration of any Imotor vehicle registered in the
I 1 county, except those vehicles that are expressly exempted under
12 this code from the payment of registration fees.
13 (b) A county transportation agency shall pay for the initial
14 setup and programming costs identified by the Department of
15 Motor Vehicles through a direct contract with the department.
16 Any direct contract payment by the county transportation agency
17 shall be repaid, with no restriction on the funds, to the county
18 transportation agency as part ofj the initial revenues distributed.
19 Regular Department of Motor Vehicles collection costs shall be
20 in accordance with subdivisiori (c). These costs shall not be
21 counted against the 5-percent administration cost limit specified
22 in subdivision(d)of Section 65089.21.
23 (c) After deducting all costs incurred pursuant to this section,
24 the department shall distributeIthe net revenues to the county
25 transportation agency. J
26 (d) As used in this section,"county transportation agency"has
27 the same meaning as in subdivision (a) of Section 65089.20 of
28 the Government Code.
29 SEC. 4. Section 9250.4 is added to the Vehicle Code, to read:
30 9250.4. (a) The department shall,' if requested by the
31 governing board ofthe
32 Bay Area Air Quality Management District, collect the fee
33 imposed pursuant to Section 65089.30 of the Government Code
34 upon the registration or renewal of registration of any motor
35 vehicle registered in a county within the jurisdiction of the
36 eemmissia board, except those vehicles that are expressly
37 exempted under this code from the paymerit of registration fees.
38 (b) The earnmissiea board shall pay for the initial setup and
39 programming costs identified) by the Department of Motor
40 Vehicles through a direct contract with the department. Any
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1
M1
—7— AB 2444
1 direct contract payment by the board shall be repaid,
2 with no restriction on the funds, to the board as part
3 of the initial revenues available for distribution. Regular
4 Department of Motor Vehicles I collection costs shall be in
5 accordance with subdivision (c).
6 (c) After deducting all costs incurred pursuant to this section,
7 the department shall distribute Ithe net revenues pursuant to
8 subdivision(a)of Section 65089.31 of the Government Code.
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AMENDED IN ASSEMBi Y MAY 9,2005
CALIPORNIA LEGISLATURE-2005-06 REGULAR SESSION
Assembly Constitutional Amendment No. 4
Introduced b Assembly and Harman
c y Ass m ly Members Plescia
( Coauthors: Assembly
Members Benoit,Blakeslee, Bogh,I Canciamilla, Cogdill,DeVore,
Garcia, Haynes, Houston, Huff; La Suer, Matthews, Maze,
Mountjoy, Sharon Runner,Spitzer, Tran, and Walters)
(Coauthors:Senators Denham, Dutton, Maldonado, Margett, and
Morro,)
December 6,2004
Assembly Constitutional Amendment No. 4—A resolution to
propose to the people of the State ofjCalifornia an amendment to the
Constitution of the State, by amending Section 1 of Article XIX B
thereof, relating to transportation. I
LEGISLATIVE COUNSEL'S DIGEST
ACA 4,as amended,Plescia.Transportation Investment Fund.
Article XIX B of the California Constitution requires, commencing
with the 2003-04 fiscal year, that sales taxes on motor vehicle fuel
that are deposited into the General Fund be transferred to the
Transportation Investment Fund for allocation to various
transportation purposes. Article XIX B authorizes this transfer to the
Transportation Investment Fund to be suspended in whole or in part
for a fiscal year during a fiscal emergency pursuant to a proclamation
by the Governor and the enactmentlof a statute by a 2/3 vote in each
house of the Legislature if the statute does not contain any unrelated
provision. !
This measure would delete the provision authorizing the Governor
and the Legislature to suspend the transfer of revenues from the
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ACA 4 —2—
General
2—General Fund to the Transportation Investment Fund for a fiscal year
during a fiscal emergency.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
1 Resolved b the Assembly, the Senate concurring, That the
Y Y , g
2 Legislature of the State of California at its 2005-06 Regular
3 Session commencing on the sixth day of December 2004,
4 two-thirds of the membership of each house concurring, hereby
5 proposes to the people of the I State of California, that the
6 Constitution of the State be amended as follows:
7 That Section 1 of Article XIX B thereof is amended to read:
8 SECTION 1. (a) For the 2003-04 fiscal year and each fiscal
9 year thereafter, all moneys that Iare collected during the fiscal
10 year from taxes under the Sates and Use Tax Law (Part 1
11 (commencing with Section 6001) of Division 2 of the Revenue
12 and Taxation Code), or any successor to that law,upon the sale,
13 storage, use, or other consumption in this State of motor vehicle
14 fuel, and that are deposited in f the General Fund &
15 pursuant to that law, shall be transferred to the Transportation
16 Investment Fund,which is hereby created in the State Treasury.
17 (b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive,
18 moneys in the Transportation Investment Fund shall be allocated,
19 upon appropriation by the Legislature, in accordance with
20 Section 7104 of the Revenue and Taxation Code as that section
21 read on March 6,2002.
22 (2) For the 2008-09 fiscal year and each fiscal year thereafter,
23 moneys in the Transportation Investment Fund shall be allocated
24 solely for the following purposes:
25 (A) Public transit and mass transportation.
26 (B) Transportation capital improvement projects,subject to the
27 laws governing the State Transportation Improvement Program,
28 or any successor to that program.
29 (C) Street and highway f maintenance, rehabilitation,
30 reconstruction, or storm damage repair conducted by cities,
31 including a city and county.
32 (D) Street and highway maintenance, rehabilitation,
33 reconstruction, or storm damage repair conducted by counties,
34 including a city and county.
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1 (c) For the 2008-09 fiscal year and each fiscal year thereafter,
2 moneys in the Transportation Investment Fund shall be allocated,
3 upon appropriation by the Legislature, as follows:
4 (A) Twenty percent of the moneys for the purposes set forth in
5 subparagraph(A) of paragraph(2)of subdivision(b).
6 (B) Forty percent of the moneys for the purposes set forth in
7 subparagraph(B)of paragraph(2)of subdivision(b).
8 (C) Twenty percent of the moneys for the purposes set forth in
9 subparagraph(C) of paragraph(2j of subdivision(b).
10 (D) Twenty percent of the moneys for the purpose set forth in
11 subparagraph(D) of paragraph(2)of subdivision(b).
12 (d) The Legislature may ena6t a statute that modifies the
13 percentage shares set forth in subdivision (c) by a bill passed in
14 each house of the Legislature by rollcall vote entered in the
15 journal, two-thirds of the membership concurring, provided that
16 the bill does not contain any other unrelated provision and that
17 the moneys described in subdivision (a) are expended solely for
18 the purposes set forth in paragraph(2)of subdivision(b).
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EXHIBIT C
Transportation legislation of interest to Contra Costa County in 2006
Last updated April 10,2006—bills listed in bold text are included in this report
Bill&Sponsor Summary Board Position Others'Positions* StatusiComments
AB 1783 Authorizes an unspecified In Assembly
Nunez amount of bonds for a variety
of infrastructure, Part of infrastructure
environmental,housing and bond discussions
ublic safety programs
AB 2025 Authorizes Caltrans to use In Assembly J
Niello design-build contracting Transportation
Committee
AB 2028 Fully repays all Prop 42 LCC:Watch In Assembly
Huff transportation funds withheld An "intent'bill with
for budget reasons isince Prop no action;ACA 4
42 took effect in July 2003. (below)and budget
bill will accomplish
goals of this bill.
AB 2113 Declares intent to legislate Died in Assembly
Aghazarian unspecified freight Was tied to attempt
improvements between the Port
of Oakland and the Central to place
Valley infrastructure bond
1 measure on June
2006 ballot
AB 2237 Requires state Diiector of Passed by Assembly
Karnette Homeland Security to report Transportation
annually on projects and funds Committee
needed to protect harbors and
ports from terrorist attacks
AB 2274 Requires public port and harbor In Assembly
Kamette authorities to compile annual Transportation
emergency preparedness Committee
reports including evacuation
plans for five-mile radius Amendments
around ports. f expected based on
II discussions with port
and harbor interests
AB 2290 Allows state and regional In Assembly
Devote agencies to enter into public- Transportation
private partnerships to finance Committee
truck-only toll roads
Bill was written
specifically to enable
Orange County
truckway projects
All 2295 Makes road rehab projects Recommended: CSAC:Support In Assembly
Arambula eligible for funds from the Support (sponsor) Transportation
State Transportation Committee
Improvement Program
STIP
AB 2444 Allows Bay Area's congestion Recommended: In Assembly
Klehs management agencies and Watch Transportation
Bay Area Air Quality Committee and
Managementl District to Local Government
charge$5 vehicle license fees Committee
for specified uses
Bill&Sponsor Summary Board Position Others' Positions* Status/Comments
AB 2621 Exempts ethanol and methanol In Assembly
Strickland fuel from the state sales tax
Amendment expected
to limit state sales tax
to the first two
dollars ofprice.
AB 2630 Removes certain restrictions on In Assembly
Benoit local jurisdictions' ability to Transportation
obtain state funding for railroad Committee
grade separation projects.
I
AB 3031 Provides CEQA exemption for In Assembly
Houston seismic work on state highways Committee on
INatural Resources
ACA 4 Constitutional amendment Recommended: MTC: Support In Assembly
Plescia that would eliminate future Watch and Seek Appropriations
suspension of Proposition 42 Amendments Committee
transportation funding
Will require
statewide voter
approval
ACA 11 Constitutional amendment that Watch MTC: Support and In Assembly
would eliminate Proposition 42 Seek Amendments Appropriations
suspensions but would allow Committee
loans to the General Fund,with Will require
limitations and certain
repayment provisions nstatewide voter
approval
SB 1024 Authorizes bonds to finance Watch ABAG: Support Passed Senate
Perata,Torlakson various infrastructure,housing Offered BAAQMD: In Assembly
and conservation programs comments to Support
Senators Perata LCC:Watch part of ongoing bond
andTorlakson in infrastructure
December 2005 discussions
SB 1494 Provides CEQA exemption, In Senate Committee
McClintock design-build and design- on Transportation&
sequencing for projects Housing
designated"top priority"by the March 22 hearing
California Transportation
Commission cancelled at author's
request
SB 1694 Requires regional CSAC: Support In Senate Committee
Aanestad transportation agencies to pass (sponsor) on Transportation&
through more federal funding to Housing
local governments and less to
the state for maintenance of
state highways.
* - Explanation of abbreviations for"Others" Positions"
ABAG=Association of Bay Area Governments
BAAQMD=Bay Area Air Quality Management District
CSAC=California State Association of Counties
LCC=League of California Cities
MTC=Metropolitan Transportation Commission
PUBLIC WORKS DEPARTMENT
Contra Costa County
255 Glacier Drive
Martinez, CA 94553
(925) 313-2000
-DATE: May 1, 2006
TO: Transportation, Water and Infrastructure Committee
FROM: Maurice M. Ship, Public Works Director
Dennis Barry, Community Development Director
SUBJECT: WATER AND FLOOD CONTROL RELATED LEGISLATION
l�
At the last Transportation, Water and Infrastructure Committee(TWIC)meeting on April 10,2006,
the Committee discussed several pieces of proposed water and flood control related legislation and
asked staff to bring back some additional information on specified legislation. In addition, the
Committee requested a broader analysis of flood control and water related legislation for a policy
level discussion.
There were several concerns raised by the Department of Water Resources in their report issued last
January entitled"Flood Warnings,Responding to California's Flood Crisis". The report outlined the
problems associated with the Delta levees and the state's liability exposure. Legislators in
Sacramento are generally responding in four policy areas; level of flood protection,state's liability
exposure, levee maintenance funding and floodplain development restrictions.
Below, staff has provided a description of these legislative policy areas, provided some relevant
legislation as examples, and identified the implications for the county. Attached is an outline of
other, additional statewide issues that in the future may influence legislative policy.
1. What Should be the Appropriate Level of Flood Protection?
AB 1899, Wolk, would require a flood protection assessment to be prepared for a
development project by the relevant flood agency. The local. (land use) agency would
indemnitAold harmless the flood protection agency providing the assessment. The.bill
would increase the level of protection for levees and flood control facilities from 100 years to
200 years. Proposed development would have to verify they have 200 year protection or
provide the improvements necessary to ensure that level of protection.The bill would amend
the Subdivision Map Act requirements and timeframes and impose additional CEQA
1
CALIFORNIA LEGISLATURE-2005-06 REGULAR SESSION
ASSEMBLY BILL No. 1251
Introduced by Assembly Member Montanez
February 22, 2005
An act to amend Section 120325 of the Health and Safety Code,
relating to communicable diseases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1251, as introduced, Montanez. Immunizations.
Existing law declares that it is the intent of the Legislature to
provide means for the eventual achievement of total immunization of
appropriate age groups against childhood diseases and that the persons
required to be immunized be allowed to obtain immunizations from
whatever medical source they so desire, subject only to the condition
that the immunization be performed in accordance with the
regulations of the State Department of Health Services and that a
record of the immunization -be made in accordance with the
regulations.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 120325 of the Health and Safety Code is
2 .amended to read: '
3 120325. In enacting Chapter 1 (commencing with Section
i= 4 120325, but excluding Section 120380) and in enacting Sections
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AB 1251 -2-
1 120400, 120405, 120410, and 120415, it is the intent of the
2 Legislature to provide all of the following:
3 (a) A means for the eventual achievement of total
4 immunization of appropriate age groups against the following
-5- childhood diseases:
6 (1) Diphtheria.
7 (2) Hepatitis B.
8 (3) Haemophilus influenzae type b.
9 (4) Measles.
10 (5) Mumps.
11 (6) Pertussis (whooping cough).
12 (7) Poliomyelitis.
13 (8) Rubella.
14 (9) Tetanus.
15 (10) Varicella(chickenpox). This paragraph shall be operative
16 only to the extent that funds for this purpose are appropriated in
17 the annual Budget Act.
18 (11) Any other disease that is consistent with the most current l
19 recommendations of the United States Public Health Services'
20 Centers for Disease Control Immunization Practices Advisory
21 Committee and the American Academy of Pediatrics Committee
22 of Infectious Diseases, and deemed appropriate by the
23 department.
24 (b) That the persons required to be immunized be allowed to
25 obtain immunizations from whatever medical source they so
26 desire, subject only to the condition that the immunization be
27 performed in accordance with the regulations of the department
28 and that a record of the immunization4s be made in accordance
29 with the regulations.
30 (c) Exemptions from immunization for medical reasons or
31 because of personal beliefs.
32 (d) For the keeping of adequate records of immunization so
33 that health departments,schools, and other institutions,parents or
34 guardians, and the persons immunized will be able to ascertain
35 that a child is fully or only partially immunized, and so that
36 appropriate public agencies will be able to ascertain the
37 immunization needs of groups of children in schools or other
38 institutions.
99
k
—3- AB 1251.
1 (e) Incentives to public health authorities to design innovative
2-- and creative programs.that will:prornote and achieve full and
3 timely immunization of children.
z
O
j
yg
j
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY APRIL 11, 2005
CALIFORNIA LEGISLATURE-2005-o6 REGULAR SESSION
ASSEMBLY BILL No. 798
Introduced by Assembly Member Wolk
February 18,2005
the Water Glode, relating to fim�A.�.F' Fater quality, N,F-Aterse lq e d0i
these ftmds. An act to amend Sections 12986 and 12987.5 of the
Water Code,s relating to water. .
LEGISLATIVE COUNSEL'S DIGEST
AB 798, as amended, Wolk. ,
i
and Flood Management Bond Aet of 2006.Delta levee maintenance.
(1) Existing law establishes a delta levee maintenance program
pursuant to which a local agency may request reimbursement for costs
incurred in connection with the maintenance or improvement of
project or nonproject levees in the.Sacramento-San Joaquin Delta. _
Existing law declares legislative intent to reimburse eligible local
agencies under this program, until July 1, 2006, in an amount not to
exceed 75% of those costs that are incurred in excess of$1,000 per
mile of levee, and on and after that date, in an amount not to exceed
50%of those described costs.
This bill, instead, would declare legislative intent to reimburse up to
75%of those described costs until July 1, 2008, and on and after that
date, to reimburse up to 50% of those described costs. The bill would
97
A-B 798 —2—
require
2-require the department, until July 1, 2008, and if it completes a
specified evaluation, to identify, based on that evaluation, those levees
that require financial assistance under this program. The bill, upon
the identification of those levees by the department, would require the
Reclamation Board, until July 1, 2,008, to allocate available funds
under this program only to benefit those levees.
(2) Existing law, until July 1, 2006, authorizes the board to provide
funds to an eligible local agency under this program in the form of an
advance in an amount that does not exceed 75%of the estimated state
share.
This bill would extend the operation of that provision to July 1,
2008.
Under existing law,
-voters to provide ftut6 f6r water projeets, ,
and progr attd
,
program,Flood Nlaftagement Bond Aet of -2006 whiech, if adapted, watild
proteetiort, and flead management
the State General Obhgafion Bond Law, of bonds in the ametint a
This bill would require the Seeretary of State to submit the bond aet
to the-voters at the —eleetion.
Vote: %7majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 12986 of the Water Code, as amended
2 by Section 13 of Chapter 601 of the Statutes of 1996, is.amended'
3 to read:
4 12986. (a) It is the intention of the Legislature to reimburse
5 an eligible local agency pursuant to this part for costs incurred in •
6 any year for the maintenance or improvement of project or
7 nonproject levees as follows:
8 (1) No costs incurred shall be reimbursed if the entire cost
9 incurred per mile of project or nonproject levee is one thousand
10 dollars ($1,000) or less.
11 (2) Not more than 75 percent of any costs incurred in excess of
12 one thousand dollars ($1,000) per mile of project or nonproject
13 levee shall be reimbursed.
97
AB 798
1 (3) (A) As part of the project plans approved by the board, the
2 department shall require the local agency or an independent
3 financial consultant to provide information regarding the
4 agency's ability to pay for thel cost of levee maintenance or
5 improvement. Based`on that information, the department-may
6 require the local agency or an independent financial consultant to
7 prepare a comprehensive study on the agency's ability to pay.
8 (B) The information or comprehensive study of the agency's
9 ability to pay shall be the basist for determining the maximum
10 allowable reimbursement eligible under this part. Nothing in this
11 paragraph shall be interpreted to increase the maximum
12 reimbursement allowed under paragraph (2).
13 (4) Reimbursements made to the local agency in excess of the
14 maximum allowable reimbursement shall be returned to the
15 department.
16 (5) The department may recover, retroactively, excess
17 reimbursements paid to the local agency from any time after
18 January 1, 1997, based on an updated study of the agency's
19 ability to pay.
20 (6) All final costs allocated or reimbursed under a plan shall
21 be approved by the reclamation board for project and nonproject
22 levee work.
23 (7) Costs incurred pursuant to.this part that are eligible for
24 reimbursement include construction costs and associated
25 engineering services, financial or economic analyses,
26 environmental costs, mitigation costs, and habitat improvement
27 costs.
28 (b) (1) If the department completes its evaluation pursuant to
29 Sections 139.2 and 139.4, the department shall identify, based on
30 that evaluation, those levees that require financial assistance
31 under this section. ;
32 (2) Upon the identification of levees pursuant to paragraph
33 (1), and notwithstanding any other provision of law, the board
34 shall allocate available funds under this section only to benefit
35 those levees so identified.
36 (b)-
37 (c) This section shall become.inoperative on July 1, X006
38 2008, and, as of January 1, 2997 2009, is repealed, unless a later
39 enacted statute, that becomes operative on or before January 1,
97
AB 798 —4-
1 20(- 2009, deletes or extends the dates on which it becomes
2 inoperative and is repealed.
3 SEC. 2. Section 12986 of the Water Code, as amended by
4 Section 14 of Chapter 601 of the Statutes of 1996, is amended to
5 read:
6 12986. (a) It is the intention of the Legislature to reimburse
7 from the General Fund an eligible local agency pursuant to this
8 part for costs incurred in any year for the maintenance or
9 improvement of project or nonproject levees as follows:
10 (1) No costs incurred shall be reimbursed if the entire cost
11 incurred per mile of levee is one thousand dollars ($1,000) or
12 less:
13 (2) Fifty percent of any costs incurred in excess of one
14 thousand dollars ($1,000)per mile of levee shall be reimbursed.
15 (3) The maximum total reimbursement from the General Fund
16 shall not exceed two million dollars ($2,000,000) annually.
17 (b) This section shall become operative on July 1, 006 2008.
18 SEC. 3. Section 12987.5 of the Water Code is amended to
19 read:
20 12987.5. (a) In an agreement entered into under Section
21 12987, the board may provide for an advance to the applicant in
22 an amount not to exceed 75 percent of the estimated state share.
23 The agreement shall provide that no advance shall be made until
24 the applicant has incurred costs averaging one thousand dollars
25 ($1,000)per mile of levee.
26 (b) Advances made under subdivision (a) shall be. subtracted
27 .from amounts to be reimbursed after the work has been
28 performed. If the department finds that work has not been
29 satisfactorily performed or where advances made actually exceed
30 reimbursable costs, the local agency shall promptly remit to the
31 state all amounts advanced in excess of reimbursable costs. If
32 advances are sought, the board may require a bond to be posted
33 to ensure the faithful performance of the work set forth in the
34 agreement.
35 (c) This section shall become inoperative on July 1, 006
36 2008, and, as of January 1, 2997 2009, is repealed, unless a later
37 enacted statute, that becomes operative on or before January 1,
38 200-7 2009, deletes or extends the dates on which it becomes
39 inoperative and is repealed.
97
—5— AB 798
1
2 All matter omitted in this version of the bill
3 appears in the bill as amended in Assembly,
4 April 11, 2005 (JR11)
5
O
97
3'.
f
AMENDED IN SENATE MARCH 15, 2006
CALIFORNIA LEGISLATURE-2005-o6 REGULARSESSION
ASSEMBLY BILL No. 135
3e
Introduced by Committee on Budget (Laird (Chair), Arambula,
Bermudez, Chan, Coto, De La Torre, Dymally, Evans,
Goldberg, Hancock,.Montanez, Mullin, Nava, Parra, Pavley,
and Wolk).
January 13,2005
-ad reel-Atimg to the Budget Aet of 2005. An act relating to flood
control, making an appropriation therefor,. and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST - -
AB 135, as amended; Committee on Budget. 05
t Flood control: levee repair and flood control systems.
# Existing law establishes the Department of Water Resources, which
f is•given various duties with respect to flood control.
This bill would appropriate $1,000,000,000 to the department for
levee evaluation, repair, and related work, and flood control system
_ improvements.
This bill would declare that it is to take effect immediately as an
urgency statute.
-he intent of the 1:;egislafure to enae
stftttAory ehanges relating to the Btidget2ket of-200-5-.
Vote: tna
jority-23. Appropriation: eyes. Fiscal committee: no
yes. State-mandated local program: no.
r
t
98
3.
AB 135 —2
I
The people of the State of California do enact as follows:
1 SECTION]. The sum of one billion dollars ($1,000,000,000)
2 is hereby appropriated from the General Fund to the Department
3 of Water Resources for levee evaluation and repair and related
4 work, and flood control system improvements.
5 SEC. 2. This act is an urgency statute necessary for the
6 immediate preservation of the public peace, health, or safety.
7 within the meaning of Article IYlof the Constitution and shall go
8 into immediate effect. The facts constituting the necessity are:
9 In order to reduce the threat I of potential flood damage and
10 loss of life, it is necessary that thus act take immediate effect.
11
12Budget Aet of-2995.
O
98
za
AMENDED IN ASSEMBLY APRIL 27, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006 < "
CALIFORNIA LEGISLATURE-2005-o6 REGULAR SESSION
ASSEMBLY BILL No. 1899
Introduced by Assembly Member Wolk
(Coauthor: Assembly Member Jones)
January 25,2006
An act to add Section 66455.2 to the Government Code, and to add
Part 6 (commencing with Section 9590) to Division 5 of the Water
Code, relating to land use.
LEGISLATIVE COUNSEL'S,DIGEST
AB 1899, as amended,Wolk. Land use: flood protection.
` (1) Existing law requires a city or county that determines that a
project, as defined, is subject to the California Environmental Quality
Act to identify any public water system that may supply water for the
k
project and to request that public water system to prepare a specified,
water supply assessment. Existing law, the Subdivision Map Act,
requires a local agency, to the extent it is authorized to approve a
tentative map that includes a subdivision, as defined, to include as a
' condition in the tentative map that a sufficient water supply is or will
become available prior to completing the subdivision, as determined
by the applicable public water system or the local agency authorized
to approve the tentative map.
` This bill would require a city or county that determines that a.
' project, as defined, will require a certain environmental document
under the California Environmental Quality Act and meets certain
conditions, to identify all relevant flood management agencies and to
97
;F
AB 1899 - —2—
require
2—require those agencies to submit to the city or county a specified flood
protection assessment. The bill would provide that the flood
management agency is not subject to civil liability in connection with
the preparation of the flood protection assessment under certain
circumstances aftd would to require the eity a
mat. The bill would require the city or county to include in
an environmental document prepared for the project the flood
protection assessment, or a specified description, a discussion as to
whether the flood protection for the lands upon which the project is
proposed to be located currently meets a specified 200-year flood
protection standard, and other related information.If the city or county
is unable to conclude that flood protection for the lands currently
meets that standard, the bill would require the city or county, flood
management agency, and project applicant to work together to ensure
that the lands upon which the project is proposed to be located will
meet that flood protection standard prior to,or within 5 years of,those
lands being developed.
The bill would revise the Subdivision Map Act to require the
Reclamation Board or the Department of Water Resources to file with
the legislative body of any local agency having jurisdiction, a map or
amended map of any flood hazard zone in the watersheds of the
Sacramento River or the San Joaquin River within 30.days of learning .
of a proposed project, as defined, located within that flood hazard
zone and not otherwise constituting infill. The bill would require the
local agency to transmit a copy of the proposed tentative map for the
project to the board and affected flood management agencies. Within
90 days after receiving a copy of al proposed subdivision map, the
board would be required to verify whether the lands upon which the
project is proposed to be located will meet that specified 200-year
flood protection standard within 5 years of issuance of the final map
and provide specified information. The bill would provide that the
board would not be subject to civil)liability in connection with the
preparation of the flood protection verification under certain
circumstances and wott4 -.6rize the ard to require the eity or
eaunty to indemmif� emel held *I-- s*
the wrifieat . In the absence of a written verification by the board,
the bill would authorize the city or county to make a finding that the
described lands will meet that requirement.
97
-3— AB 1899..
By imposing duties on cities, counties, and flood management
agencies in connection with the bill's provisions; the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making . that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee:- yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) In the central valley, the State of California has assumed
4 the primary responsibility for protecting its citizens from floods.
5 The state has worked closely with the United States Army Corps
6 of Engineers to develop, construct, and maintain flood control
7 projects.
8 (b) Local •governments have the primary responsibility for
9 planning and approving various land uses within -their
10 jurisdictions. The land use planning function, however, is.often
11 disconnected from the operations of state or local agencies that
12 protect the jurisdiction from floods. As a 'result, land use
13 decisions are based on limited information regarding flood
14 management and protection.
15 (c) In order to connect local government land use decisions
16 with state flood management policies, financing, and facilities, it
17 is necessary.for local government land use decisions to include
18 confirmation that new developments, outside existing population
19 centers, will enjoy sufficient protection from flood hazards.
20 SEC. 2. Section 66455.2 is added to the Government Code,to
21 read:
97
eke ,
AB 1899 —4-1
1 66455.2. (a) The Reclamation Board or the Department of
2 Water Resources shall file with the legislative body of any local
:..3, agency having jurisdiction, a map or amended map of any flood
4,4, _hazard zone in the watersheds of the Sacramento River or San
5 Joaquin River, within 30 days of .when the board or the
6 department leams of a proposed project located within that flood
7 hazard zone and not otherwise constituting infill. The local
8 agency having jurisdiction shall issue a receipt for the flood
9 hazard zone map.
10 (b)_Within 30 days of a tentative map application being
11 determined to be complete pursuant to Section 65943 for a
12 proposed subdivision located, in whole or in part, within the
13 territory outlined on the flood hazard zone map, the local agency
14 shall transmit one copy of the I proposed tentative map to the
15 Reclamation Board and to all flood management agencies that
16 operate or maintain flood protection facilities that provide some
17 level of flood protection to the lands upon which the project is
18 proposed to be located.
19 (c) Within 90 days after rel eiving a copy of a proposed
20 subdivision map, the Reclamation Board shall verify, in writing,
21 whether the lands upon which) the project is proposed to be
22 located meet the 200-year standard on or before, or are
23 'reasonably anticipated to meet the 200-year standard within five
24 years of,the date on which a final map is issued for the project: If
25 the board determines that these lands are not anticipated to meet
26 the 200-year standard within five years of issuance of the final
27 map,.the board shall recommend conditions to any proposed
28 tentative map that would contribute to the project's achievement .
29 of the 200-year standard. The board may charge the project
30 applicant for the costs associated with making the verification
31 and recommendations to the I local agency regarding flood
32 protection. The local agency having jurisdiction shall consider
33 any recommendations before acting on the tentative map.
34 (d) If the written verification provided by the Reclamation
35 Board indicates that the lands upon which the project is proposed
36 to be located either will not! meet or there.-is insufficient
37 information to verify compliance with the 200-year standard as
38 provided in subdivision (c), or if a written verification is not
39 provided by the board, the city or county may make a finding,
40 after consideration of the written verification if provided by the
97
a
AB 1899
1 board, that additional information not supplied by the board
2 demonstrates that the project meets the 200-year standard.
3 (e) If the Reclamation Board verifies that the lands upon
4 which the project is proposed to be located meet the 200-year
5 standard as provided in subdivision (c), the written verification
6 shall be supported by evidence that may include,but need not be
7 .limited to, any of the following:
8 (1) A flood protection information assessment that was
9 completed pursuant to Part 6 (commencing with Section 9590) of
10 Division 5 of the Water Code.
11 (2) Other information relating to the sufficiency of the flood
12 protection that contains— analytical information that is
13 substantially similar to the flood protection assessment required
14 by Part 6 (commencing with Section 9590) of Division 5 of the
15 Water Code.
16 ' (3) Information relating to any of the following:
17 (A) A capital outlay program for the financing, construction,
18 and maintenance of the flood protection facilities that has been
19 adopted by the applicable governing body.
20 (B) Securing of applicable federal, state, and local permits for
21 the construction of necessary infrastructure.
22 (C) Any necessary regulatory approvals that are required in
23 order to be able to construct needed facilities.
24 (f) In. making any findings or determinations under this
25 section, or in working to improve the flood protection to be
26 provided to the project, the city or county may work in
27 conjunction with the project applicant and any flood management
28 agency to ensure necessary flood protection.
29 (g) Nothing in this section precludes the city or county, at the
30 request of the project applicant, from making a determination
31 that the lands upon which the project is proposed to be located
32 meet the 200-year standard as provided in subdivision(c).
33 (h) The Reclamation Board shall not be subject to civil "
34 liability in connection with the preparation of the flood protection
35 verification if the verification is based upon substantial evidence
36 in accordance with subdivision (e). The board may require th-fit
37
38 submitting any verifiealien reqttired ttftder this seetiati.
97
1 •t n. yd a�, {�I"'o.-' 1'i tf
'� 'r v yah `�z z�• $ a 'h` { - .. .� n
�3fw:`M �'m.�r
i
AB 1899 —6-
I
61 (i) (1) Unless, the context requires otherwise, the definitions
2 set forth in this subdivision govern the construction of this
3 section.
4 (2) "Flood management agency" means any public entity,
5 including, but not limited to, a reclamation district, flood control
6 district, levee district, county flood control district, city, county,
7 joint powers agency, state maintenance area, state agency, or
8 other public agency that provides flood protection services to an
9 area in which not less than 100 people reside.
10 (3) "Flood hazard zone"means an area subject to flooding that
11 is delineated as either a special hazard area or an area of
12 moderate or minimal hazard on an official flood insurance rate
13 map issued by the Federal Emergency Management Agency.
14 (4) "Infill" means any residential, commercial, .or industrial
15 development proposed for a site that is within an urbanized area
16 and has been previously developed for urban uses, or where
17 virtually all the immediate contiguous properties surrounding the
18 development site are, or previously have been, .developed for
19 urban uses, or housing projects that are exclusively for very low
20 and low-income households.
21 (5) "Project' means a proposed residential development of
22 more than 25 dwelling units,not otherwise constituting infill,that
23 is located in a flood hazard zone, for which both of the following
24 apply:
25 (A) The anticipating flood le gels exceed three feet.
26 (B) The Reclamation Board has jurisdiction.
27 (6) "200-year standard" means protection that is sufficient to
28 withstand flooding that has a 1 in 200 chance of occurring in any
29 given year.
30 0) Nothing in this section shall be construed in a manner that
31 in any way impairs the authority of the board to approve plans of
32 reclamation, flood control, drainage, improvement, dredging, or
33 work pursuant to Section 8710 of the Water Code or any other
34 provision of law.
35 SEC. 3. Part 6 (commencing with Section 9590) is added to
36 Division 5 of the Water Code,to read:
97
_ 7- AB 1899
1 PART 6. FLOOD PROTECTION INFORMATION
2 ASSESSMENTS
3 '
4 9590. (a) A city or county shall comply with this part upon
5 determining that all of the following apply to a project:
6 (1) The project will require an environmental impact report,
7 negative declaration, or mitigated negative declaration under.the
8 California Environmental Quality Act(Division 13 (commencing
9 with Section 21000) of the Public Resources Code).
10 (2) The project is located within a flood hazard zone that is
11 subject to the jurisdiction of the Reclamation Board.
12 (3) The project involves a proposed residential development of
13 more than 25 dwelling units,not otherwise constituting infill.
14 (b) Upon making the determinations described in subdivision
15 (a), a city or county shall identify all relevant flood management
16 agencies that operate or maintain flood protection facilities that
17 provide some level of flood protection to the lands upon which
18 the project is proposed to be located. If the city or county is not
19 able to identify any flood management agency,the city or county
20 shall be deemed to be the flood management agency for purposes
21 of this part. _
22 (c) Upon identification of all relevant flood management
23 agencies, the city or county shall prepare a notice to be provided
24 to the flood management agencies that describes the location of
25 the proposed project, the scale and scope of the project, and any
26 other information deemed by the city or county to be useful to
27 the flood management agency in preparing the assessment
28 required under this part, The notice shall include a request for
29 flood protection assessment. _
30 (d) (1) Within 90 days of receipt of the notice and request
31 from the city or county for the flood protection assessment, the
32 flood management agency shall submit to the city or county a
33 flood protection assessment.,
34 (2) Notwithstanding paragraph (1), if the city or county
35 identifies and notifies more than one relevant flood management
36 agency, the flood management agencies may agree that one flood
37 management agency will respond on behalf of all identified and
38 notified flood management agencies.
39 (3) The flood protection assessment shall include copies of, or
40 a reference to, all existing flood management reports or studies
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1 that, to the knowledge of the flood management agency, provide
2 information specifically relevant tothelevel of flood protection
3 available to the lands upon which the project is proposed to be
4 located. ,
5 (4) (A) The flood protection assessment may include, at the
6 discretion of the flood management agency, a qualitative or
7 quantitative analysis of the level of flood,protection available to
8 the lands upon which the project is proposed to be located along
9 with a description of the actions that may be taken by the flood
10 management agency to increase' the level of flood protection on
11 behalf of the lands upon which the project is proposed to be
12 located.
13 (B) If the information described in this paragraph is provided,
14 the flood protection assessment may include other relevant
15 information, including information relevant to any capital outlay
16 program for financing new flood protection facilities, federal,
17 state, and local permits required!for the construction of necessary
18 facilities, and any necessary I regulatory approvals that are
19 required in order to be able to construct those facilities.
20 (C) If the flood management agency elects to provide the
21 information described in this paragraph, the flood management
22 agency may provide that information to the city or county at a
23 time after the 90-day period described in paragraph (1) has
24 expired. In addition, if the flood management agency elects to
25 provide this information, the flood management agency may
26 contract with the project applicant fo charge the actual reasonable
27 costs of preparing and providing the information described in this
28 subdivision.
29 (e) If the flood management agency fails to submit the flood
30 protection assessment, the city 1 or county may seek a writ of
31 mandamus to compel the governing body of the flood
32management agency to comply with this part relating to the
33 submission of the flood protection assessment.
34 (f) Notwithstanding any other provisions of this part, if a
35 project has been the subject of a flood protection assessment that
36 complies with the requirements lof this part, no additional flood
37 protection assessment shall be required for subsequent projects
38 that were part of a larger project for which a flood protection
39 assessment was completed in accordance with this part unless
40 significant new information be available that was not
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1 known and could not have been known at the time the assessment
2 was prepared.
3 (g) The flood management agency shall not be subject to civil
4 liability in connection with the preparation of the flood protection
5 assessment if the assessment is based on all existing, relevant '
t 6 information available to the agency. The agettey may require the
"a 7
n
8 s4trAting any assessment requ red by this paft.
9 9591. (a) A city or county shall include in an environmental
10 document prepared for the project pursuant to Division 13
11 (commencing with Section 21000)of the Public Resources Code,
F 12 all of the following:
13 (1) The flood protection assessment provided pursuant to
14 Section 9590 or a description of the conclusions of the flood
15 protection assessment, including, but not limited to, estimates of
16 the probability or risk of flooding on the lands on which the
t 17 project is located.
S
18 (2) A discussion as to whether, based upon the existing record,
19 flood protection for the lands upon which the project is proposed
20 to be located currently meets the 200-year standard. If the city or
} 21 county is unable to include a statement that flood protection for
22 the lands upon which the project is proposed to be. located
23 currently meets the 200-year standard, the city or county shall
24 include an explanation as to the reasons it is unable to include the
25 statement.
26 (3) All available information regarding the likely depth of
27 flooding in the event of a levee failure. ;
28 (b) For the purposes of carrying out subdivision(a),the city or
29 county may include an evaluation of information set forth in the
30 flood protection assessment.
r` 31 (c) If the city or county is unable to include in the draft or final _
32 environmental document a statement that flood protection for the
33 lands upon which the project is proposed to be located currently
34 meets the 200 year standard, or includes a statement that the
35 flood protection does not meet the 200-year standard, the city or
36 county, flood management agency, and project applicant shall
37 work together to ensure that the lands upon which the project is
38 proposed to be located will meet the 200-year standard prior to,
39 or within five years of,those lands being developed.
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AB 1899 _10-
1 9592. Unless the context requires otherwise, the definitions
2 set forth in this section govern construction of this part. -
3 (a) "Flood .management agency" means any public entity,
4 including, but not limited to, a reclamation district, flood control
5 district, levee district, county flood control district, city, county,
6 joint powers agency, state maintenance area, state agency, or
7 other public agency that provides flood protection services to an
8 area in which not less than 100 people reside.
9 (b) "Infill' means any residential, commercial, or industrial
10 development proposed for a site that is within an urbanized area
11 and has been previously developed for urban uses, or where
12 virtually all the immediate contiguous properties surrounding the
13 development site are, or previously have been, developed for
14 urban uses, or housing projects that are exclusively for very low
15 and low-income households.
16 (c) "Two hundred year standard" means protection that is
17 sufficient to withstand flooding that has a one in two hundred
18 chance of occurring in any given year.
19 SEC. 4. No reimbursement is required by this act pursuant to
20 Section 6 of Article XMB of the California Constitution because
21 a local agency or school district has the authority to levy service
22 charges, fees, or assessments sufficient to pay for the program or
23 level of service mandated by Ithis act, within the meaning of
24 Section 17556 of the Government Code.
25 If the Commission on State Mandates determines that this act
26 contains other costs mandated by the state, reimbursement to
27 local agencies and school districts for those costs shall be made
28 pursuant to Part 7 (commencing with Section 17500) of Division
29 4 of Title 2 of the Government Code
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AMENDED IN ASSEMBLY APRIL 18, 2006
AMENDED IN ASSEMBLY MARCH 29, 2006
CALIFORNIA LEGISLATURE-2005-06 REGULAR SESSION - -
ASSEMBLY BILL No. 1898
Introduced by Assembly Member Jones
(Coauthor: Assembly Member Wolk) "
January 25, 2006
An act to add Chapter 12 (commencing with Section 10 109)to Part
1 of Division 2 of the Insurance Code,relating to insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1898, as amended, Jones. Flood insurance.
Exiting state law does not contain a requirement that property
owners maintain flood insurance. Existing federal law contains the
National Flood Insurance Act which prohibits federal lenders from
making, increasing, extending or renewing loans on specified property
located in flood hazard areas, as specified, unless the property is
covered by flood insurance.
This bill would enact the California Flood Insurance Program which
would require that owners of property located in a flood hazard zone
within the Sacramento River or San Joaquin River watersheds
maintain flood insurance as specified. This provision would take
effect July 1, 2007.
This bill would also provide that no lending instittA4aft or fitiftneial
against property required to be imured against the hazard of flood,
The bill would further provide that its provisions are severable.
97
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AB 1898 —2—
Vote:
2iVote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 12 (commencing with Section 10109)
2 is added to Part 1 of Division 2 Of the Insurance Code, to read:
3
4 CHAPTER 12. CALIFORNIA FLOOD INSURANCE PROGRAM
5
6 10109. It shall be the policy of the State of California that all
7 owners,of properties located in or partially in a flood hazard zone
8 within the Sacramento River or San Joaquin River watersheds,be
9 required to maintain flood insurance made available under the
10 National Flood Insurance Act.
11 10109.1. (a) Owners of property located in flood hazard
12 zones within the Sacramento River or San Joaquin River
13 watersheds, shall be required tol maintain flood insurance,unless
14 the state or other agency responsible for opera on of the levee
15 system protecting the property from flooding has certified that
16 the levee system protecting the property provides at least
17 200-year flood protection.
18 (b) The requirement to maintain flood insurance contained in
19 subdivision(a) shall become effective July 1, 2007.
20 ,
21 shall make, inerease, ex4end .r renew my loan seeufed by
22
23 an area that has been identified as an area haviftg speeia4
24 hazards, or identified as a,�a_a hazard zone within
25 Saemmeme River or San�oaqutn River watersheds a-�d in whieb_
26 flood insuranee has been made available tmder the National
27 building or mobilehame and any
i
28 personal propeAy seeuring stieh loan is eavered for the term of
29 the loan by 0 ad insur-a"e- _._t at leftst eqtta4 to the
30
31
32 property, whiehever is 1 ss. shall not apply if
33 the levee system prote ------rty ffern flooding has bee
34
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1 i 0 i 99.3.
2 10109.2. The provisions of this chapter are severable. If any
3 provision of this chapter or its application is held invalid, that
4 invalidity shall not affect other provisions or applications that can
5 be given effect without the invalid provision or application.
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I
AMENDED IN SENATE SEPTEMBER 8, 2005
AMENDED IN SENATE SEPTEMBER 6, 2005
AMENDED IN SENATE AUGUST 15, 2005
AMENDED IN SENATE JUNE 28, 2005
AMENDED IN ASSEMBLY APRIL 25, 2005
CALIFORNIA LEGISLATURE-2005--o6 REGULAR SESSION
ASSEMBLY BILL No. 1665
Introduced by Assembly Member Laird
February I2, 2005
4
An act to amend Section 8521 of, to amend the heading of Part 4
(commencing with Section 8520) of Division 5 of, to add Sections
8327, 8523, and 8524 to,–and to add Article 8 (commencing with
Section 8725) to Chapter 3 of, and to add Chapter 9 (commencing
with Section 9110)fie -and to a—M and Chapter 10 (commencing with
Section 9150) to, Part 4 of Division 5 of, the Water Code, relating to
flood control, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1665, as amended, Laird. Flood control.
(1) Existing law establishes the +7-member Reclamation Board in
the department. Existing law authorizes the Reclamation Board to
engage in various flood control activities along the Sacramento River,
San Joaquin River, their tributaries, and related areas. Existing law
requires the Reclamation Board to establish and enforce standards for
the maintenance and operation of, and to undertake other
94
AB 1665 _2
responsibilities with regard to, flood control, works under its
jurisdiction.. _
This bill would rename the Reclamation Board the Central Valley
Flood Management Board. The bill would require the Department of
Water Resources, on or before March 31, 2006, to prepare a schedule
for mapping areas at risk of flooding in the Sacramento and.San
Joaquin Rivers drainage, and, thereafter, to update the schedule
annually. The bill would require the board to prepare and submit to
the Legislature one or more reports describing the history and
engineering design of the facilities of the state plan of flood control,
as defined.
The bill would require, on or before September 30 of each year, that
a local agency responsible for the operation and maintenance of a
project levee, as defined,prepare and submit to the board a specified
report of information for inclusion in periodic flood management
reports prepared by the board relating to the project levee. The bill
would authorize a local agency responsible for the operation and
maintenance of a levee that is not otherwise subject to that reporting
requirement to voluntarily prepare and submit that report. The bill
would require the board, on or before September 1, 2007, and on or.
before September I of each year thereafter, to provide a prescribed
written notice to each landowner whose property is determined to be
entirely or partially within a levee protection zone, as defined. The bill
would require a county to annually provide to the board lists of names
and addresses ofproperty owners in a levee protection zone located in
that county. The bill would speck that a local agency responsible for
the operation and maintenance of a project levee may propose to the
board a project levee upgrade. By establishing requirements for local
public agencies and counties, the bill would impact a state-mandated
local program.
The bill would require the board to prepare a flood control system
status report for each facility of the state plan of flood control and to
' prepare a report on the project levees operated and maintained by
each local agency, using certain information, to be made available to
the public and identified entities. The bill would require the board to
prepare, update, and maintain maps for levee protection zones.
Legislatffe, before i Mary 1, 2010, a report deseribing the state plan
of flood eon"!. The bill would reqttire the ,
on or befbre
s"
94
t
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januafy 1, 2007, to prepao at risk o
flooding in the Saeramente and -rs Oraifterge.
_._.
defined,The bill wott4d 7,'respomible for the epperatio
and mai before September 30 of eae
year, to p LL to tffike beard., in a f6rmat speeified by the
to id=* etteh
pareel of real property loe.flte-d itt stieh a zone and to provide a writte
notiee of flood hazard with the mamm-A' pr operty tax assessmeftf of eae
state mandated leeal program.
The bill "uld req ire P� the
a flood ear&el system status,
entities.report, as preseribed. The bill wetto reqttire the board to prepare a
report an flood management for eaeb loeal 'ble for the
and maintenanee 6F a federal flood eontral f�eility of the
Heed -1-1 to be made available on the
f the state plan
board's Interftef Web site speeified
The bill
watild require the board to pnpare, and maintain levee failufe
intindation zone maps.
(2) The California Constitution reul ires'the state.to reimburse Iocal
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish ;procedures for making that
reimbursement.
This bill would provide that, if thl Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(3) This bill would declare that it is to take effect immediately as an
urgency statute. I
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes!
The people of the State of California do enact as follows:
1 SECTION 1. Section 8327 is added to the Water Code, to
2 read: -
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AB 1665 —4-
1
4-
1 8327. On or before March 31, 2006, the department shall
2 prepare a schedule for mapping areas at risk of flooding in the
3 Sacramento and San Joaquin Rivers drainage. The department
4 shall update the schedule annually and shall include the status of
5 mapping projects in progress and an estimated time of
6. completion. The schedule shall be based on the present and
7 expected future risk of f ooding and associated consequences.
8 SEC. 2. The heading of Part 4 (commencing with Section
9 8520) of Division 5 of the Water Code is amended to read:
10
11 PART 4. THE REG A T R A TT/ll T CENTRAL VALLEYFLOOD
12 MANAGEMENTBOARD
13
14 SEC. 3. Section 8521 of the Water Code is amended to read:
15 8521. "Board" means the ^moo Central Valley,Flood
16 Management Board. Any reference to the Reclamation Board in
17 this or any other, code means the Central •Valley Flood
18 Management Board.
19 SEC. 4. Section 8523 is added to the Water Code, to read:
20 8523. For the purposes of this part, `facilities of the state
21 plan of flood control" means the levees, weirs, channels, and
22 other features of the federal and state authorized flood control
23 facilities located in the Sacramento and San Joaquin Rivers
"•24 drainage for which the board or the department has given the
25 nonfederal assurances to the United States required for the
26 project, and those facilities identified in Section 8361.
27 SEC. 5. Section.8524_is added to.the Water Code, to read:
28 8524. For the purposes of this part, `project levee" means
29 any levee that is a part of the facilities of the state plan of flood
- 30 control.
31 SEC. 6. Article 8(commencing with Section 8725) is added to
32 Chapter 3 of Part 4 of Division 5 of the Water Code, to read:
33
34 Article 8. State Plan of Flood Control
35
36 8725. (a) The board shall prepare and submit to the
37 Legislature one or more reports describing the history and
38 engineering design of the facilities of the state plan of flood
39 control using available information that includes all of the
40 following:
i
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—5 AB 1665
1 (1) A.description of the historical development of the state
2 plan offlood control.
3 (2) An inventory and description of all facilities of the state
4 plan offlood control, including information on the original
5 purpose,foundation investigations, and design and construction
6 of the project.
7 (3) The identification of maintaining agencies for specific
8 facilities.
9 (4) A description of the roles and responsibilities of federal,
10 state, and local agencies.
11 (5) A description of the purpose and limitations of the state
12 plan offlood control.
13 (6) A description of all other relevant projects,programs, and
14 activities that, in the determination of the board, are a material
15 component of the state plan offlood control.
16 (b) On or before March 31,12006, the board shall advise the
17 Legislature, in writing, as to the board's scheduleof
18 implementation of subdivision (a).
19 SEC. 7. Chapter 9 (commencing with Section 9110) is added
20 to Part 4 of Division 5 of the Water Code, to read:
21
22 CHAPTER 9. LOCAL REPORTS
23
24 Article 1. Definitions
25
26 9110. (a) `Fiscal year"shall have the same meaning as in
27 Section 13290 of the Government Code.
28 (b) "Levee protection zone IIII means the area protected by a
29 project levee, as determined by the board, that consists of either
30 of the following:
31 (1) Lands upon which the state or a local agency levies an
32 assessment, fee, or charge on property explicitly for the
33 maintenance or operation of a project levee.
34 (2) Lands determined by the l oard to be protected by a project
35 levee.
36
37 Article 2. Flood Management Reports
38
39 9120. (a) On or before September 30 of each year, a local
40 agency responsible for the operation and maintenance of a
94
AB 1665 —6-
1-
6-1-. project levee shall prepare and submit to the board, in a format ;-
2 specified by the board, a report of information for inclusion in
3 periodic flood management reports prepared by the board
4 relating to the project levee. The information submitted to the
5 board shall include all of the following:
6 (1) Information known to the local agency that is relevant to
7 the condition or performance of the project levee.
8 2 Information identifying known conditions that might
9 impair or compromise the level of flood protection provided by
10 the project levee. "
11 (3) A summary of the maintenance performed by the "local
12 agency during the previous fiscal year.
13 (4) A statement of work and estimated cost for operation and
14 maintenance of the project levee for the current fiscal year, as
15 approved by the local agency. "'
16 (5) Any other information relevant to the condition or.
17
r-
17 performance of the project levee, as determined by the board.
18 (b) A local agency,described in subdivision (a) that operates
19 and maintains a nonproject levee that also benefits land within
20 the boundaries of the area benefited by the project levee shall
21 include information pursuant to subdivision (a) with regard to
22 the nonproject levee.
23 (c) A local agency that incurs costs for the maintenance or
24 improvement of a project or nonproject levee under the delta
25 levee maintenance subventions program established pursuant to ;.
26 Part 9 (commencing with Section 12980 of Division 6, may
27 submit information submitted to satisfy the requirements of that
28 program to meet the requirements of paragraph (3) of u' +
29 subdivision (a), but may do so only for that reach of the levee '
30 included in that program.
31 (d) A local agency responsible for the operation and
32 maintenance of a levee not otherwise subject to this section may
33 voluntarily prepare and submit to the department or the board a
34 flood management report for posting on the Internet Web site of
35 the department or the board.
36 (e) For the purposes of this section, the following terms have
37 the following meanings: "
38 (1) "Local agency" means a local agency responsible for the
39 maintenance of a project levee unless the context requires
.r
40 otherwise.
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s.i
-7— AB 1665
1 (2) `Maintenance" means maintenance as defined in
2 subdivision ( of Section 12878.
3 9121. (a) On or before September 1, 2007, and on or before
4 September I of each year thereafter, the board shall provide
5 written notice to each landowner whose property is determined
6 to be entirely or partially within' a levee protection zone.
7 (b) The notice shall include statements regarding all of the
8 following:
9 (1) The property is located behind a levee.
10 (2) Levees reduce, but do not eliminate, the risk of flooding
11 and are subject to catastrophic failure.
12 (3) If available, the level of flood risk as described in the flood
13 control system status report described in Section 9150 and a
14 levee protection zone map as prepared by the board in
15 accordance with Section 9170.
16 (4) (A) The landowner is advised by the state to have flood
17 insurance for any buildings on the property to protect the owner
18 from loss.
19 (B) For the purpose of compliance with subparagraph (A), the
20 notice shall contain the following statement:
21 NOTICE OF LEVEE PROTECTION ZONE
22 This property is located within an area identified by the State
23 of California as a levee protection zone. Flooding due to the
24 failure of a levee may cause significant risk to life and property.
25 The State of California recommends that property owners in a
26 levee protection zone obtain) flood insurance, such as the
27 insurance provided by the Federal Emergency Management
28 Agency through the National Flood Insurance Program.
29 (5) Information about purci asing subsidized federal flood
30 insurance.
31 (6) The Internet address of the Web site of the board that
32 contains the information req i fired by the flood management
33 report described in Section 9160.
34 (7) Any other information determined by the board to be
35 relevant.
36 (c) A county, with assistance from the board, shall annually
37 provide to the board, by electronic means, lists of names and
38 addresses of property owners in a levee protection zone located
39 in that county.
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AB 1665 -8-
1
8_1 9122. A local agency responsible for the operation and
2 maintenance of a project levee as.defined in Section 8524, may
3 propose to the board an upgrade of the project levee, if the local
4 agency determines that the upgrade is appropriate. The local '
5 agency may implement-that upgrade if approved by the board.
6 SEC. 8. Chapter 10 (commencing with Section 9150) is added
7 to Part 4 of Division 5 of the Water Code, to read:
g
9 CHAPTER 10. STATE REPORTS
10
11 Article 1. Flood Control System Status Report
12
13 9150. (a) The board shall prepare a flood control system
14 status report for each facility of the state plan of flood control..
15 For the purposes of preparing the report, the board shall inspect
16 the project levees and review available information to ascertain
17 whether there are evident deficiencies.
18 (b) The status report shall idents and describe each facility,
19 estimate the risk of levee failure, include a discussion of the
20 inspection and review described in subdivision (a), and make '
' 21 appropriate recommendations regarding the levees and future
22 work activities.
23 (c) The report shall be updated, as determined by the board.
24 (d) The board shall report deficiencies and recommendations
25 to the department and the Department of Finance in a timely
i;
26 manner.
27 (e) On or before March 31, 2006, the board shall advise, in
28 writing, the Legislature as to the board's schedule of
f 29 implementation of this section.
a' 30
31 Article 2. Reports on Flood Management Activities by Local
32 Agencies
33 ,
z 34 9160. (a) The board shall prepare a report on the project
35 levees operated and maintained by each local agency, using
36 information provided by the local agency pursuant to Section
37 9120 and information from relevant portions of the following .
t 38 documents, as determined by the board:
39 (1) Annual inspection reports on local agency maintenance
40 prepared by the department or the board.
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9— AB 1665
1 (2) The state plan of flood control described in Section 8725.
2 (3) The flood control system status report described in Section
3 9150.
4 (4) The schedule for mapping described in Section 8327.
5 (5) Any correspondence, d icument, or information deemed
6 relevant by the board. . _
7 (b) The board shall make the flood management report for .
8 each local agency available on the Internet Web site of the board
9 and shall provide the report to all of the following entities:
10 (1) The department.
11 (2) The local agency.
12 (3) Any city or county within the local agency's jurisdiction.
13 (4) Any public library located within the local agency's
14 jurisdiction.
15 (c) The report shall be completed by January 1, 2008, and
16 may be updated as determined by the board.
17 (d) A flood management report voluntarily submitted by a
18 local agency pursuant to subdivision (d) of Section 9120 shall be
19 made available on the Internet�Web site of the board if the local
20 agency has jurisdiction within the geographical boundaries of
21 the board's jurisdiction. Otherwise, the report-shall be made
22 available on the Internet Web site of the department.
23
24 Article 3. Levee i rotection Zone Maps
25
26 9170. (a) The board shall prepare, update, and maintain
27 maps for levee protection zones, as defined in subdivision (b) of
28 Section 9110. The maps shall I include, if available, flood depth
29 contours determined by the board.
30 (b) It is the intent of the Legislature that the levee protection
31 zone maps be widely distributed to appropriate governmental
32 agencies, as determined by thel board.
33
34 35 following:
36 Valley adopted by the Legisla.#Pffe was based on the Augttst 1+,
37 1910,report of t�!!tr�aB!ebris eotntnission. State adoption
38 of this report 166�s of loeal landowners sn
39 ageneies to eontio-1 F-om-66.n.- ff the areas of potential flooding
40with no general eve Sign', appreeiable . The
94
AB 1665 10-
1
0-1 report mvisiefted standardization of levee heights and
2 eonstruetieft of a system of weirs and bypasses to relieve stress
3 ott the river levees. The state plan that has developed in the
4 teorporated many existing loeal levees into th
5 system. The systern of le-vees has improved na-vigation on state
6 waterways, reelaimed lands subjeet to intmdation to permit
7purposes,
and redueed8
9 1int�.
10 (b) Stibsequent legislative aets have amended and added to the
11 Rood eontrol system deseribed ift the Debris Gommission repo
12 under the State Water Resourees Law of 1945 (Ghapter +
13
14 with Seetion 12639) of Pfft 6 of Division 6 of the Water Gode).
15
16 78-534), the federal govemment was generally responsible Fo
17
18
19 ,
20 , and provide
21to the federal govemment.
22 ageneies maintained and operated the finished wor6 to Fede
23 standards. As speeified in Seetion 12642 of the lWater Gode
24 -here the federal government does not maintain and all eases w
25 ,
26
$' 27
28
29
30 Water Code after their eornpletion and hold and save the st
31 and the United States free From damages. The state has limited
32
33 flood ehmmels-tinder Scciiio'n 8361 oftheWater Code. Since � s
4
34 in" federal law has required a . nonfederal mottetary
P 35 eentributiott for the eosts _r , _..tmet:,._ Sine_ 1988 stat_
36 has required loeal eest sharing with the state on nonfe
37 eonstrdetiott eosts. Maintenanee and hold harmless obligations,
38
have not eltanged-
Z" 39 (d) The Legislatffe reeogitites tbftt by their nature, levees,
40
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'AB 1665
1 flooding,from but e
2
3 (e) The Legisla�_jm !eT"es that the level of floo
4 pmteetieft afford-M ftgtie,_.�l lands by the original flood
5 eontral system is not eonsidered ade"e to proteet these land
6
7 ef Rood pmteeti�for wban and agrieulfttml lands has developed
8.
9
10
11 .
12 Flood plaift management tbols s ,
13
14
15
16 hazards
17 (g) The unifiea mf as:nd
18
19 •
tall
20
21 The plan has m% 'dwpd submstmantial Rood eottft-ol and eeano
22
I
23 eeanomie losses dtte to floods. In m
24 losses that have been sustaine&I-due to floodifitg, 14 h aVe )I,eeft
25 `
26 of n.._a :__.._aft,' __ RPAJ PE Bp aL!
27 proteetiort provided by their levlees.
28 7Ln. 1 O_„d.._ 8324 L added
.]de aon_a_'to
___d.
29 ,
30
31 Saerafnento and :____ The department
32
33 ill fl��1511 A�d R" -e-stifflated time of
34 ��.ed Ott ihe present an
35 .
36 •
> >
37 , and
38 conn .: 852i Of+6 w_.__n_.]_ :ls _ _a_,a._ ___a,
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AB 1665 —12-
1 8521. "Board" meafts the Gentral Valley Flood Managemen
3 means the entral Valley Flood Management Board.
4 O�dlult 8523 is added to the Watef Code, to read4
•523. Faeilities of the state pian of flood
10 Y,
projeet, :..: those fiaeilitiesidentified in Section8361.
11
Seetion 85-24 is added to the Water
to read:
y-
floodts any levee that is. paft
'
13 federal and state atrthorited
i
14 Saeramento and San gbaquin Rivers drainage fbr whieh the bear
15 nent has given the nonfederal assuranees to
-or the projeet.
18 to Ghapter 3 of ..
rt 4 of Division 5 of the Water eode, to read:
19
' it
0
I CCCf
21
. .
.--.1-lafy 1, 2019, the department, in eooperation
with-me-board, shall prepare and submit th the Legislature
24 g the state plan of flood eentrol. The report shall
25 e"itt a detailed.deseription and inventory of the flood eon
7444 • system using availa-ble informatieftthat ifteittdes all of +i "
27 following:
_
30 (b) An inventory and deseription of all f�eilities of the state
31 plan of flood eontrol, ifteluding information on the original
q:F purpu3ul-=tmdation iffvestigations, and design and ": "- : -
i>t
35 f�eilities.
36 (d) A deseription of the roles and responsibilities of federal,
f : :"
f • _ _ of the purpose and __ _ of
• eontrol system.
4t
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T
-13 AB 1665
1 , and
2
3
4
e
to read.6
7 l+__.____ n r _,.._ n______
8
9 Arti..l l D,.r_:.:__,.
10
11
12 Scttros-lTr.90-0rmcG6 .., Goac
13
14 by a federal levee as detern!ti..-- Valley Floold
15 Management Board-.
16
17
18
19 ,
20
21 .
22 by the board,
23 flood management reports elating to the projeet.
24irtformation submitted to tL_ L___A _L,.11 ,.1__J„ all
of
the
25 €6ilowing:
26
27 .
28
29 omise the level of Rood proteetion provided b
30 the projeet works. I
32 .
33 (4) A statemenf of work and estimated eost for operation and
34 , as
35
36
37 .
38 f
39 1__._.. that _1.... L_....Ga.. 1.._.A _jt] h'_ 4_ L.,.._4.._:_;. .,f the
are
.
94
AB 1665 f4ti
1
2 subdi-tisiort(a)relating to the nullploice,
3
4- improvement of a pfejeet or nonprejeet levee tinder the delt-a
5
6.
7 irt�rmation submitted to satisfy the requirements of that program
8 to meet the reqttireMents of paragraph (3) of stibdivision (a),
9
10 program.
11
12
13
14 or the board a flood management report for posting ort
15 .
16 .
17 (1) "Tzoeal ager a! ageney responsible f6r the
18 maintertanee of projeet wofles.
x 19
20 .
III
21 (3) "Projeet"means a f�eiRty oft—he state plan of flood emirol
i
22 as defined .n o__t:__ 8523
23 9121. (a) Any des a levee failure ifmndatto
24 rorte shall identify eaeh pareel of real property loeated wholly of
25 in part in a levee f�ilttre intmdation torte as that zone
26 determined by the board pursuant to Seetiott 9170.
27 (b) Any eounty that ineludes a levee failure irtmdation tort
28 shall provide a writtert ftatiee of flood hazard with the amydal
29
property tax assessment of eaeh landowner determined by th�-
30 county to own a pareel of real property loeated itt a levee f�ilure
31
32 of the f
3 33 .
34
35 .
36 (3) The level of Hood risk as deseribed in the Hood eo
37 , the approxinta
'
38 maximum potential flood depth for eaeh le-vee f�ilttre intmdatio
z 39
94
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AB 1665
1
2 93
3
4 tff
5
6
7
9
10
12
13
14
15 1
16
17
i$
19
20
�H
21
22
23
24
25
26
27
29
29
34
31
32
33 �, }
34 .
35
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AB 1665 —16—
1 r__.___R 19STATE n__..___
2
3
4
5 , the dep,�
6 eooperation with the board, shall prepare a flood eantrol system
7 s
8 (b) The flood eontrol system status report shall identify an
9 deseribe the faeilities of the state flood eonfrol system, '
10 : . .
11 appropriate reeammendations.
12 a'
13 upon the appropriation of ftmds for that purpose:
14
15 Aftiele 2. Reports on Flood Management Aeti-vities by Loea
16 Ageneies
17
18 9160. (a) The board shaH prepare a report on floo
19
20 and mainfenanee of a federal flood eorAml fkility of the
21f the state plan of Rood eantrol, as defined by Seetion.
22
23
24 followiftg doettments, as determined by the board:
25
26
prepo�ed by the department or boftrd-
27 .
28 (3) T+e flood eon"!System stavds report deseribed in Seetio
29 9150.
30
31 , doettmeftt, or ittf6rmation deemed
32 relevant by the board.
{ 33 (b) The board shall make tfie flood management report
34 eaeh lodal ageney available on the Internet Web site of the bo
35 and shalti provide the report to all of the following entities!
36 (1) The depeement.
37 (2) The loeal ageftey,
38 (3) Any eity or eounty within the loeal ageney's '
ufisdieti
39
40
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AB 1665
1
2 .
3
4 loeal ageney (d) of Seetion 91-20 shall be
5 made
_ .i __ ilabl. an
the
hitem. \S I_L _ _ at board :Cale to 1
6 .-
7 board's jurisdietion. shaR be made
8 available on the Int ef VITeIq site'
9
10 tiel, 3.
11
12 ; and H
13 for le-vee failtire in 8141 i-Vision (b)
14 of Seetion 9110. Th flo
-FO 0� IFI depth eoatottr-s
15 determ4ned by the board.
16
(b) It is the intent of e th"at the levee failur.-
17 ifmndatiott tone maps be wiI
18 goverment ag by the beard-.
19 SEC. 9. If the Commission on State Mandates determines that
20 this act contains costs mandated by the state, reimbursement to
21 local agencies and school districts for those costs shall be made
22 pursuant to Part 7 (commencing with Section 17500) of Division
23 4 of Title 2 of the Government Code.
24 SEC. 10. This act is an urgency statute necessary for the
25 immediate preservation of the public peace, health, or safety
26 within the meaning of Article N of the Constitution and shall go
27 into immediate effect. The facts constituting the necessity are:
28 To reduce the threat to public safety resulting from levee
29 failures and to reduce the state's future liability as the result of
30 Paterno v. State of California(2003) 113 Cal. App. 4th 998, it is
31 necessary that this act take effect immediately.
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AMENDED IN ASSEMBLY JANUARY,23, 2006
AMENDED IN ASSEMBLY APRIL 25,2005
AMENDED IN ASSEMBLY APRIL 6, 2005
CALIFORNIA LEGISLATURE-2065-06 REGULAR SESSION
ASSEMBLY BILL No. 802
Introduced by Assembly Member Wolk
February 18, 2005
An act to amend Section 65302 of the Government Code,relating to
local planning.
LEGISLATIVE_COUNSEL'S DIGEST - - -
AB 802, as amended, Wolk. Land use: water supply.
T+e
(1) The Planning and Zoning Law requires a city or county general
plan to include specified mandatory elements,including a conservation
element that considers, among other things, the effect of development
within the jurisdiction, as described in the land use element, on natural
resourceslocatedon public lands, including military installations, and
provides that the conservation element may also cover, among other
things, flood control.
The bill would instead require, upon the adoption of the general plan,
the amendment of the conservation element, or the amendment of 2 or
more elements of the general plan, on or after January 1, 2007, the
conservation element of the general plan to cover flood management
and to consider, among other things, the existing water supply and the
possible means of using flood water to supplement that supply. By
imposing new duties on local public officials, the bill would create a
state-mandated local program.
96
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(2)
2-(2) The Planning and Zoning Law also requires that a city or county
general plan contain a safety element for the protection of the
communityfrom any unreasonable risks associated with the effects of
seismically induced surface rupture, ground shaking, ground failure,
tsunami,seiche, and dam failure;slope instability leading to mudslides.
and landslides, subsidence, liquefaction, and other seismic, geologic,
and fire'hazards.
This bill would also require, upon the adoption or revision of a city's
or county's general plan, the amendment of the safety element, or the
amendment of 2 or more elements of the general plan, on or after
January 1, 2007, to include, among other things, assessments of both
the risk to life and propertyfrom reasonably foreseeable flooding and
the local flood and water supply infrastructure and an analysis of how
that infrastructure can be designed or altered to minimize the risk of
flooding.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: mo. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65302 of the Government Code is
2 amended to read:
3 65302. The general plan shall consist of a statement of
4 development policies and shall include a diagram or diagrams and
5 text setting forth objectives, (principles, standards, and plan
6 proposals. The plan shall include the following elements:
7 (a) A land use element that designates the proposed general
8 distribution and general location and extent of the uses of the land
9 for housing,business,industry,iopen space,including agriculture,
10 natural resources, recreation, and enjoyment of scenic beauty,
11 education, public buildings and grounds, solid and liquid waste
12 disposal facilities, and other categories of public and private uses
96
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1 of land. The land use element shall include a statement of the ,
2 standards of population density and building intensity
3 recommended for the various districts and other territory covered
4 by the plan. The land use element shall identify areas covered by '
5 .the plan which are subject to flooding and shall be reviewed
6 annually with respect to those areas. The land use element shall `
7 also do all of the following:
8 . (1) Designate in a land use category that provides for timber
9 production those parcels of real property zoned for timberland
-10 production pursuant to the California Timberland Productivity Act
11 of 1982, Chapter 6.7 (commencing with Section 51100) of Part 1
12 of Division 1 of Title 5.
13 (2) Consider the impact of new growth on military readiness.
14 activities carried out on military bases,installations, and operating
15 and training areas, when proposing zoning ordinances or
16 designating land uses covered by the general plan for land,or other
17 territory adjacent to military facilities, or underlying designated .
18 military aviation routes and airspace. `-
19 (A) In determining the impact of new :growth on military
20 readiness activities, information provided by military facilities
21 shall be considered. Cities and counties shall address military
22 impacts based on information from the military and other sources.
23 (B) The following definitions govern this paragraph:
24 (i) "Military readiness activities"mean all of the following; >'
25 (I) Training, support, and operations that prepare the men and
26 women of the military for combat.
27 (II) Operation, maintenance, and security of any ,military
28 installation. *`
29 (III) Testing of military equipment, vehicles, weapons, and µ:
30 sensors for proper operation or suitability for combat use.
31 (ii) "Military installation" means a base; camp, post, station,
32 yard,center,home port facility for any ship,or other activity under k ,•
33 the jurisdiction of the United States Department of Defense as
34 defined in paragraph(1) of subsection(e)of Section 2687 of Title
35 10 of the United States Code.
36 (b) A circulation element consisting of the general location and
37 extent of existing and proposed major thoroughfares,transportation .
38 routes, terminals, any military airports and ports, and other local
39 public utilities and facilities, all correlated with the land use
40 element of the plan.
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AB 802 —4
I (c) A housing element as provided in Article.10.6(commencing
2 with Section 65580).
3 (d) (1) A conservation element for the conservation,
4 development, and utilization of natural resources including water
5 and its hydraulic force, forests,) soils, rivers and other waters,
6 harbors,fisheries, wildlife,minerals,.and other natural resources.
7 The conservation element shall consider the effect of development
8 within the jurisdiction, as described in the land use element, on
9 natural resources located on public lands, including military
10 installations. That portion of thea conservation element including
I 1 waters shall be developed in coordination with any countywide
12 water agency and with all district and city agencies that have
13 developed, served, controlled or conserved water for any purpose
14 for the county or city for which the plan is prepared. Coordination
15 shall include the discussion and evaluation of any water supply
16 and demand information described in Section 65352.5, if that
17 information has been submitted by the water agency to the city or
18 county.
19 (2) The conservation element may also cover the following:
20 (A) The reclamation of land and waters.
21 (B) Prevention and control of the pollution of streams and other
22 waters.
23 (C) Regulation of the use of land in stream channels and other
24 areas required for the accomplishment of the conservation plan.
25 (D) Prevention, control, and correction of the erosion of soils,
26 beaches, and shores.
27 (E) Protection of watersheds.
28 (F) The location, quantity and quality of the rock, sand and
29 gravel resources.
30 (3) Upon the adoption of a city's or county's general plan,
31 the amendment of the conservation element, or the amendment of
32 two or more elements of the general plan, on or after January 1,
33 2007, the conservation element shall cover flood management
34 which shall include a consideration of-all both of the following:
35 (A) T+e risk to life emd prape--y fi;am reasonably foreseeable
36 flooding.
37
38
39 alterMionafthaf
40 (7}
96
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1 (A) The existing water supply and possible means of using
2 floodwater to supplement that supply.
3 (P)
4 (B) The potential means of using floodwater to aid in the
5 recharge of groundwater supplies.
6 (E) Goortlinatiat with,and possible effi�ets on;the general p!
7 land
use le ent
8 (F) Goordinafi&I with state and leeal ageneies iiwalved in flood
9 manftgement issttes.
10 .
11 (if) Adtyth�g else deemed neeessary to implement eff-eetive
12 flead maffagetneftf ineasures.
13 The eenservation element shall be prepared and adopted ne)late
14 than Beeember 31, 1973.
15 (e) An open-space element as provided in Article 10.5
16 (commencing with Section 65560).
17 (f) A noise element which shall identify and appraise noise
18 problems in the community.The noise element shall recognize the
4 19 guidelines established by the Office of Noise Control in the State
20 Department of Health Services and shall analyze and quantify, to
j 21 the extent practicable, as determined by the legislative body,
22 current and projected noise levels for all of the following sources:
23 (1) Highways and freeways.
24 (2) Primary arterials and major local streets.
25 (3) Passenger and freight online railroad operations and ground
26 rapid transit systems.
27 (4) Commercial,general aviation,heliport,helistop,and military
28 airport operations, aircraft overflights,jet engine test stands, and
29 all other ground facilities and maintenance functions related to
30 airport operation.
31 (5) Local industrial plants,including,but not limited to,railroad
32 classification yards.
33 (6) Other ground stationary noise sources, including, but not
34 limited to, military installations, identified,by local agencies as
35 contributing to the community noise environment.
36 Noise contours shall be shown for all of these sources and stated
37 in terms of community noise equivalent level(CNEL)or day-night
38 average level (Ld„). The noise contours shall be prepared on the
39 basis of noise monitoring or following generally accepted noise
!s 96
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AB 802'
1 modeling techniques for the various sources identified in
2 paragraphs (1)to (6), inclusive. I -
3 The noise contours shall be usIed as a guide for establishing a
4 pattern of land uses in the land use element that minimizes the
5 exposure of community residents to excessive noise.
6 The noise element shall include implementation measures and
7 possible solutions that'address existing and foreseeable noise
8 problems, if any. The adopted noise element shall serve as a
9 guideline for compliance with the,state's noise insulation standards.
10 (g) A safety element for the protection of the community from
11 any unreasonable risks associated with the effects of seismically
12 induced surface rupture,ground shaking,ground failure,tsunami,
13 seiche,and dam failure;slope instability leading to mudslides and
14 landslides; subsidence, liquefaction and other seismic hazards
15 identified pursuant to Chapter 7.8I(commencing with Section 2690)
16 of the Public Resources Code, and other geologic hazards known
17 to the legislative body; flooding; and wild land .
18 The safe� element shaR inelttd6 mapping of known seismie and
19 ,
20
21 minimum read width and ele ees at.. .-.s, as those
22 and urban fires.
23 (1) The safety element shall include both of the following:
24 (A) Mapping of known flood, seismic, and other geologic
25 hazards. Mapping of known flood areas shall be included in the
26 safety element after the maps have been made available and when
27 any of the following occur: the safety element is amended, or two
28 or more general plan elements are amended"
29 (B) Evacuation routes, military.installations, peak load water
30 supply requirements, and minimum road widths and clearances
31 around structures, as those items relate to identified fire,flood,
32 and geologic hazards.
33 (2) For protection of the community from flooding, upon the
34 adoption or revision of a city I's or county's general plan, the
35 amendment of the safety element, or the amendment of two or more
36 elements of the general plan, on or after January 1, 2007, the
37 safety element shall also include all of the following:
38 (A) An assessment of the risk to life and property from
39 reasonably foreseeable flooding. For purposes of this section,
96
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1 "reasonably foreseeable flooding"means flooding that has a one
2 in two hundred chance of occurring in any given year.
3 (B) An assessment of the local flood and water supply
4 infrastructure and an analysis of how the infrastructure can be
5 designed or altered to minimize the risk of flooding.
6 (C) Statements as to how the safety element will be coordinated
7 with the general plan's land use element.
8 (D) Identification of, and provisions for, coordination with,
9 state and local agencies involved in flood management issues.
10 (E) Planning for effective storm water retention and drainage. F"
11 (F) Anything else deemed necessary to implement effective flood ',
12 management and public safety.
13 f+-)
14 (3) Prior to the periodic review of its general plan and prior to
15 preparing or revising its safety element,each city and county shall
16 consult the Division of Mines and Geology of the Department of ~*
17 Conservation and the Office of Emergency Services for the purpose
18 of including information known by and available to the department
19 and the office required by this subdivision.
20 '
21 (4 To the extent that a county's safety element is sufficiently
22 detailed and contains appropriate policies and programs for
23 adoption by a city, a city may adopt that portion of the county's
24 safety element that pertains to the city's planning area in
25 satisfaction of the requirement imposed by this subdivision.
26 SEC. 2. If the Commission on State Mandates determines that
27 this act contains costs mandated by the state, reimbursement to.
28 local agencies and school districts for those costs shall be made '
29 pursuant to Part 7 (commencing with Section 17500) of Division
30 4 of Title 2 of the Government Code.
p FC
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AMENDED IN ASSEMBLY MAY 11, 2006
AMENDED IN ASSEMBLY APRIL 27, 2006
AMENDED IN ASSEM IDLY APRIL 6,2006
CALIFORNIA LEGISLATURE-2005--06 REGULAR SESSION
ASSEMBLY BILL No. 3022 .
1
Introduced by Assembly Member Umberg
February 24, 2006
An act to amend Section 11010 of, and to add Section 11201 to,the .
Business and Professions Code,relating to flood control.
LEGISLATIVE COUNSEL'S DIGEST
AB 3022, as amended, Umberg. Flood control- seller disclosures.
Existing law requires any person who intends to offer subdivided
lands within this state for sale or lease to file with the Department of
Real Estate an application for a public report that contains specified
information, including a notice of intention. Existing law also requires
any person who intends to make a� specified transfer of residential
property to disclose natural hazards.
The bill would require that the notice
of intention as to any subdivided lands offered for sale or lease on or
after July 1, 2007, and until January 1, 2012, that contain "qualifying
real property," as defined, contain +a statement that the property is
located-bell nearby,a levee andll, subject to a risk of flooding. It
would define "qualifying real property" for this purpose as located
within certain zones of specified flood maps and, but for rt4oestion
behind the protection provided byl a nearby levee, would be subject
to a risk of flooding of greater than 1% in any year. The bill also
would require that every contract for the sale of "qualifying real
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property"
2property" entered into on or after July 1, 2007, and until Janumy 1,
2012, contain specified provisions relative to levee failure and
flooding.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11010 of the Business and Professions
2 Code is amended to read:
3 11010. (a) Except as otherwise provided pursuant to
4 subdivision (c) or elsewhere in this chapter, any person who
5 intends to offer subdivided lands within this state for sale or lease
6 shall file with the Department of Real Estate an application for a
7 public report consisting of a notice of intention and a completed
8 questionnaire on a form prepared by the department.
9 (b) The notice of intention shall contain the following
10 information about the subdivided lands and the proposed
11 offering:
12 (1) The name and address of the owner.
13 (2) The name and address of the subdivider.
14 (3) The legal description and area of lands.
15 (4) A true statement of the condition of the title to the land,
16 particularly including all encumbrances thereon.
.17 (5) A true statement of the terms and conditions on which it is
18 intended to dispose of the land, together with copies of any
19 contracts intended to be used.
20 (6) A true statement of the provisions, if any, that have been
21 made for public utilities in the proposed subdivision, including
22 water, electricity, gas, telephone, and sewerage facilities..For
23 subdivided lands that were subject to the imposition of a
24 condition pursuant to'subdivision (b) of Section 66473.7 of the
25 Government Code, the true statement of the provisions made for .
26 water shall be satisfied by submitting a copy of the written
27 verification of the available water supply obtained pursuant to .
28 Section 66473.7 of the Government Code.
29 (7) A true statement of the use or uses for which the,proposed
30 subdivision will be offered.
31 (8) A true statement of the provisions, if any, limiting the use
32 or occupancy of the parcels in the subdivision.
96
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3 AB 3022
1 (9) A true statement of_tbe amount of indebtedness that is a
2 lien upon the subdivision or any part thereof, and that was
3 incurred to pay for the construction of any onsite or offsite
4 improvement, or any community or recreational facility.
5 (10) A true statementor reasonable estimate, if applicable, of
6 the amount of any indebtedness which has been or is proposed to
7 be incurred by an existing or proposed special district, entity,
8 taxing area, assessment district, Or community facilities district
9 within the boundaries of which, the subdivision, or any part
10 thereof, is located, and that is to pay for the construction or
11 installation of any improvement or to furnish community or
12 recreational facilities to that subdivision, and which amounts are
13 to be obtained by ad valorem tax or assessment,_or by a special
14 assessment or tax upon the subdivision, or any part thereof.
15 (11) A notice pursuant to Section 1102.6c of the Civil Code.
16 (12) (A) As to each school district serving the subdivision, a
17 statement from the appropriate district that indicates the location
18 of each high school,junior high school, and elementary school
19 serving the subdivision, or documentation that a statement to that
20 effect has been requested from the appropriate school district.
21 (B) In the event that, as of the date the notice of intention and
22 application for issuance of a public report are otherwise deemed
23 to be qualitatively and substantially complete pursuant to Section
24 110 10.2, the statement described in subparagraph (A) has not
25 been provided by any school district serving the subdivision, the
26 person who filed the notice of intention and application for
27 issuance of a public report shall immediately provide the
28 department with the name,address, and telephone number of that
29 district.
30 (13) (A) The location of all existing airports, and of all
31 proposed airports shown on the general plan of any city or
32 county, located within two statute miles of the subdivision. If the
33 property is located within an airport influence area, the following
34 statement shall be included in the notice of intention:
35 1
36 NOTICE OF AIRPORT IN VICINITY
37 This property is presently located in the vicinity of an
38 airport,within what is known as an airport influence area.For that
39 reason,the property may be subject io some of the annoyances or
40 inconveniences associated with proximity to airport operations
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AB 3022 4
1 NOTICE OF AIRPORT IN VICINITY
2 (for example:noise,vibration,or odors).Individual sensitivities
3 to those annoyances can vary from person to person.You may wish to
4 consider what airport annoyances,if any,are associated with the
5 property before you complete your purchase and determine whether they
6 are acceptable to you. h=
7
8 (B) For purposes.of this section, an "airport influence: area,"
9 also known as an "airport referral area,"..is the area in which
10 current or future airport-related noise, overflight, safety, or
11 airspace protection factors may significantly affect land uses or
12 necessitate restrictions on those uses as determined by'an airport
13 land use commission.
14 (14) A true statement, if applicable, referencing any soils or
15 geologic report or soils and geologic reports that have been
16 prepared specifically for the subdivision.
17 (15) A true statement of whether or not fill is used, or is
18 proposed to be used in the subdivision and a statement giving the
19 name and the location of the public agency where information
20 concerning soil conditions in the subdivision is available.
21 (16) On or after July 1, 2005, as to property located within the
22 ,jurisdiction of the San Francisco Bay Conservation. and
23 Development Commission, a statement that the property is so s`
24 located and the following notice:
25 NOTICE OF SAN FRANCISCO BAY CONSERVATION
26 AND DEVELOPMENT COMMISSION JURISDICTION
27 This property is located within the jurisdiction of the San "
28 Francisco Bay Conservation and Development Commission. Use
29 and development of property within the commission's
30 jurisdiction may be subject to special regulations, restrictions,
31 and permit requirements. You may wish to investigate and
32 determine whether they are acceptable to you and your intended
= 33 use of the property before you complete your transaction.
34 (17) (A) On or after July 1, 2007, and until January 1, 2012,
35 as to any subdivision that contains "qualifying real property" as
36 defined in Section 11201, the following statement:
37 *r z
38 SPeT-IGE OF PR-G4?9!1T1T-E) TnElv�E Ar DDTC)T E TT IA-L
39 Fl:;66BS
40 NOTICE OF LEVEE FAILURE FLOOD HAZARD
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—5— AB 3022
1
2 This property would be subject to a risk of flooding but for the
3 protection provided by a nearby levee.
4 Levee failure may result in flooding that may cause significant
5 risk to life and property.
6 property be eavered b ee provided through the
7 .National Flood
8 -the first elase-4 Of .
9 .
10
11 (B) Information about purchasing subsidized federal flood
12 insurance.
13 (18) Any other information that the owner,his or her agent, or
14 the subdivider may desire to present.
15 (c) The commissioner may, by regulation, or on the basis of
16 the particular circumstances of a proposed offering, waive the
17 requirement of the submission of a completed questionnaire if the
18 commissioner determines that prospective purchasers or lessees
19 of the subdivision interests to be offered will be adequately
20 protected through the issuance of a public report based solely
21 upon information contained in the notice of intention.
22 SEC. 2. Section 11201 is added to the Business and
23 Professions Code, to read:
24 11201. (a) Every sales contract relating to the initial
25 purchase of a "qualifying real property" entered into on or after
26 July 1,2007, and until January 1, 2012, shall contain both of the
27 following:
28 (1) A provision indicating that the buyer has received a copy
29 of the-stt et flood preparedness and evacuation plan, if one is
30 developed by the city, county,.orl city and county, that provides
31 information regarding what should be done in case of levee
32 failure.
33 (2) A condition thategttires provides that the builder or the
34 builder's agent, including an I association as defined in
35 subdivision (a) of Section 1351 of the Civil Code, shall obtain a
36 policy sold pursuant to the National Flood Insurance Program or
37 similar policy, if available,forqualifying real property He
38
39 Iftsuranee for a period of four years from the date of
40 close of escrow of the qualifying real property.
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AB 3022 —6—
I
6_1 (b) For purposes of this section, "qualifying real property"
2 shall mean a new residential unit that meets both of the fallowing
3 conditions:
4 (1) The unit is located within Zones B or shaded X; as
5 indicated on current Flood Hazard Boundary Maps or current
6 Flood Insurance Rate Maps produced by the Federal Emergency
7 Management Agency.
8 (2) The unit would be subject to a risk of flooding in any year
9 greater than I percent but for the protection-pfa-iUMg VY UeiMg
10 leeated lam$ a provided by a nearby levee.
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WIN 114111
AMENDED INASSEMBLY MAY 9, 2006
AMENDED INASSEMB IY APRIL 18, 2006
CALIFORNIA LEGISLATURE-2005--06 REGULAR SESSION '
ASSEMBLY BILL No. 3050
Introduced by Committee on Judiciary (Jones (Chair),Evans,
Laird,Levine,Lieber, and Montanez)
March 1,2006
An act to add Chapter 6 (commencing with Section 8460) to Part 2
of Division 5 of the Water Code,relating to flood control.
LEGISLATIVE COUNSEL'S DIGEST y -
AB 3050, as amended, Committee on Judiciary. Flood control
liability.
Existing law, under various circumstances, subjects a public entity
or an employee of a public entity to liability for property damage or
personal injury caused by or from floods or floodwaters.
This bill would provide that the state is entitled to a right rights of
indemnity and contribution against any local public entity whose
actions contribute, or whose failure to act contributes, to the failure of
a flood control project-when that failure causes property damage or
personal injury and a jttdgment has bee I rt entered against the sts . The
bill would subject a local public entity to joint liability and the state's
right rights of indemnity and contribution to the extent that the local
public entity increases the amount of property damage sustained in a
flood by approving new developmeni in a previously undeveloped
area, as defined.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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AB 3050 _2
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature finds and declares .that
2 recent court rulings have upheld liability on the part of the state
3 under theories of inverse condemnation or various tort causes of
4 .action for property damage or personal injury caused by the
5 failure of state and local flood control projects.
6 (b) It is the intent of the Legislature that the state and local
7 public entities share liability for property damage or personal
8 . injury associated with a failure of a flood control project.
9 '-SEC. 2. Chapter 6(commencing with Section 8460) is added .
10 to Part 2 of Division 5 of the Water Code,to read:
11
12 CHAPTER 6. FLOOD CONTROL LIABILITY
13
14 8460. (a) When the failure of a flood control project causes
15 property damage or personal injury, and a Juds—MMM has beet
16 entered against the state or a stttte ageney determined to be Hs
17 for the darnage or injttM the state is entitled to a right of the state
18 is entitled to rights of indemnity and contribution against any
19 local,public entity whose actions contribute, or whose failure to
20 act contributes, to the failure of the flood control project. The
21 Vie€rights of indemnity and contribution shall apply ether
22 the aetion agairist the state or stette ageney is brought i when an
23 action is brought against the state or a state agency in either tort.
24 or inverse condemnation.
25 (b) (1) Whether or not a local public entity directly
26 participates in the operation or maintenance of a flood control
27 project, the local public entity shall be subject to joint liability
28 and the state's fight rights of indemnity and contribution to the
29 extent that the local public entity increases the amount of
30 property damage sustained in a flood by approving new
31 development in a previously undeveloped area.
32 (2) For the purpose of this subdivision, "undeveloped area"
33 means an area devoted to agricultural use, as defined in Section
34 51201 of the Government Code, or open-space land,:as defined-
35 in Section 65560 of the Government Code.
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