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HomeMy WebLinkAboutMINUTES - 06062006 - C.27 Contra Costa TO: BOARD OF SUPERVISORS County ��- ST'+COUNT FROM: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Supervisor Federal Glover, Chair Supervisor Mary N. Piepho 27 DATE: June 6, 2006 SUBJECT: Report on Water and Flood Control Legislation SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION ADOPT the following positions on water and flood control related legislation. SUPPORT AB 1251 Alquist; Flood, stormwater management planning AB 798 Wolk; Delta Levee Maintenance (as urgency bill, with amendments) AiB 135 Budget Cte, Laird; Flood Control levee repair and flood control systems WATCH AB 1899 Wolk; Land Use, Flood Protection AB 1898 Jones; Flood Insurance AB 1665 Laird; Flood Control AB 802 Wolk; Land Use; Water Supply AB 3022 Umberg; Flood Control: safety element OPPOSE AB 3050 Judiciary, Jones; Flood control liability FISCAL IMPACT There is no fiscal impact to the County from the abovementioned action. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR x RECOMM TION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): S ervisor Federal Glover, Chair 5milleirvisor Mary N. Pie ho ACTION OF BOARD ON Su_,�c l pe)y 6 APPROVED AS RECOMMENDED 2< O VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 20 UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. / Contact: Roberta Goulart (925) 335-1226 ATTESTED C s— cc: Community Development Department (CDD) JO ULLEN, CLERK OF County Administrator Office, Administration TH BOARD OF SUPERVISORS County Administrator Office, Risk Management AND COUNT ADMINISTRATOR Public Works, Flood Control Sheriff-Coroner, Office of Emergency Services County Counsel BY. EPUTY ti Report on Water and Flood Control Legislation June 6, 2006 BACKGROUND/REASONS FOR RECOMMENDATION On April 10 and May 8, 2006 the Transportation, Water & Infrastructure Committee (TWIC) reviewed a number of bills which attempt to address a broad array of problems with delta levees and related flood control issues. Legislators have been responding in four policy areas; level of flood protection, the state's liability exposure, levee maintenance funding and floodplain development restrictions. The TWIC offers recommended positions on the bills as a first step (some detail on legislation can be seen below). In considering the large number of bills which could affect the County, the TWIC decided that a strategy should be devised that allows for the County to be more proactive in responding to legislation and guiding the development of legislation in a reasonable, comprehensive manner. It was determined that some additional policy guidance would be helpful. Toward this end, the TWIC requested that relevant Departments meet and discuss issues potentially impacting the County, implications of these issues, and determination of any necessary policy-related guidance or strategy for use in active negotiation relative to influencing legislation and procuring project-related funding. The TWIC anticipates discussion on potential strategies at one of their next meetings and any recommendations would be considered by the full Board shortly thereafter. Additional detail on the bills and how they may affect the County can be found in the attached 5/1/06 memorandum to the TWIC. Support positions are recommended for the following; AB 1251 (Alquist), would require a report to be prepared on risk and potential economic consequences in areas of the state not already covered in Department of Water Resources (DWR's) Report on the Central Valley, entitled "Flood Warnings: Responding to California's Flood Crisis" It would also provide a statewide comprehensive assessment of the state's flood control infrastructure. AB 798 (Wolk), Delta Levee Maintenance, extends the Department of Water Resources Delta Levee (Subventions) Maintenance program from July 1, 2006, until July 1, 2010 (recent amendment), and restores the 75%state cost share until at least 2008, at which time the state's reimbursement could be reduced to 50%. Currently, under the Delta Levee Subventions Program, a local agency may request a reimbursement for levee maintenance or rehabilitation work on project or non-project levees in the Delta. Existing law provides that up to 75% of costs incurred (in excess of $1000 per mile) could be reimbursed. The program is slated to reduce this compensation from 75% to 50% on July 1, 2006. There is essentially no funding for this program at this time. The support position on this bill would include a recommendation for it to attain `urgency' status, to enable a funded program to continue through the year, and amendment of the bill to remove references to funding `priority' levee projects (the program has historically funded all levee work, including non-project levee work requested by reclamation districts). AB 135 (Budget Committee, Laird), The bill appropriates $1,000,000,000 for the Department of Water Resources to perform "levee evaluation, repair, and related work, and flood control system improvements." WATCH positions are recommended for the following; 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 indemnify/hold 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 2 Report on Water and Flood Control Legislation June 6, 2006 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 reporting requirements. AB 1898 (Jones), would require, by July 1, 2007, enactment of the California Flood Insurance Program, requiring property owners in the Sacramento or San Joaquin River watersheds to obtain FEMA flood insurance, unless the area is certified to have 200 year flood protection. AB 1665 (Laird), requires the Department of Water Resources to schedule mapping of flood prone areas in the Sacramento San Joaquin Rivers drainage area. Local agencies responsible for project levees would be required to provide reports to the Reclamation Board, which would be renamed the Central Valley Flood Management Board. Reports would be incorporated into the Board's reports on the state plan of flood control to the legislature. The Board would also prepare, update and maintain maps of identified levee protection zones and would also be required to provide written notice to landowners behind levee protection zones. AB 802 (Wolk), would require the General Plan Conservation Element to cover flood management, and to consider augmenting existing water supply with flood water. The bill would also require amendment of the Safety Element of the General Plan to include assessments of flood risk to life and property from flood, and analysis of infrastructure to minimize this risk. AB 3022 (Umbers), would require that General Plan Safety Elements address flood management issues, by specifically including residential areas located in a 100-year flood plain, and through additional requirements for residential sales, including notification for properties in a floodplain, a safety plan and insurance policy requirements. The bill also requires a Residential Disclosure Statement notification if the property is located within a 100-year flood plain and other noticing requirements. The planning efforts include additional CEQA review requirements and additional general plan goals and policies for projects located in a floodplain. An OPPOSITION position is recommended for the followina bill. AB 3050 (Judiciary Committee, Jones), attempts to spread liability for levee and flood control facility maintenance to local government such as cities, counties, and reclamation districts. In the event of a flood control facility failure, a local public entity may be "subject to joint liability and the state's right of contribution to the extent that the local public entity increases the amount of property damage sustained in a flood by approving new development in a previously undeveloped area." 3 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. Shiu, Public Works Director Dennis Barry, Community Development Director SUBJECT: WATER AND FLOOD CONTROL RELATED LEGISLATION 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 indemnify/hold 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 reporting requirements. AB 1251, Alpuist, would require a report to be prepared on risk and potential economic consequences in areas of the state not already covered in DWR's Report on the Central Valley, entitled"Flood Warnings: Responding to California's Flood Crisis" It would also provide a statewide comprehensive assessment of the state's flood control infrastructure. Policy Discussion: Current FEMA maps identify properties subject to 100 year flooding. We have no similar information on 200 year flood levels. The following are some of the implications if the level of flood protection is increased. • May be overly restrictive in floodplains with low depth of flooding. • May not be restrictive enough for high depth flooding. • May impact standard of care for Reclamation District levee maintenance. • Assuming the County must pay for damages resulting in a levee or flood control facility failure, what would be the acceptable level of risk? The appropriate level of protection for a given area really depends on the level of damage that would occur in the event of a levee or flood control facility failure. For example, in areas within the typical floodplains along the creeks of Contra Costa County, the depth of flooding is relatively shallow. In a 100 year storm event streets would be flooded, yards could be flooded, but most homes would be above the flood waters. In far east County, in areas protected by levees, failure of the levee would result in a high depth of flooding(5 to 10 feet). In this case structures would be inundated,emergency response would be difficult, and damages would be very high. The appropriate level of protection for areas of deep flooding should be higher than for areas of relatively shallow flooding. To provide 200 year level of protection through the Delta would require building higher levees or storing flood flows in reservoirs behind dams or perhaps enhancing existing or creating new bypasses and floodways. Increasing the level of protection may require the construction of new dams and storage reservoirs. The degree to which the planning process would be impacted by the flood assessment, changes to the Subdivision Map Act, the revised flood protection levels, and additional CEQA reporting requirements is unclear, but is expected to be significant. In addition, indemnification of the flood control agency may have liability impacts to the local land use agency as well. .It would be very helpful to have the mapping and information proposed by AB 1251 to determine the areas at risk of flooding and the economic value of those areas at risk of flooding when making policy decisions on the appropriate level of flood protection. It is interesting to note that flood protection is truly a statewide issue as each of the 58 California counties have been declared a flood disaster area at least three times since 1950. 2 Recommendation: Provide direction to staff on what is the appropriate level of flood protection and whether the depth of flooding is a reasonable criteria for determining the appropriate level of protection. (ie,consider an appropriate level of flood protection for areas of shallow depth flooding versus a different level of protection for areas of deep depth flooding.) Consider support of AB 1251's provision for an assessment of the state's flood control/levee infrastructure. Consider a Watch position on AB 1.899 until the efficacy of a 200 year flood protection standard can be determined, whether depth of flooding criteria could be used to determine appropriate level of flood protection and until impacts to the planning process can be better assessed. 2. How should Liability for Levees be distributed? Proposed legislation(AB 3050,Judiciary Cte,Jones)attempts to spread liability for levee and flood control facility maintenance to local government such as cities, counties, and reclamation districts.In the event of a flood control facility failure,a local public entity may be "subject to joint liability and the state's right of contribution to the extent that the local public entity increases the amount of property damage sustained in a flood by approving new development in a previously undeveloped area." Policy Discussion: The State is trying to shed its liability exposure,but who should have or share the liability? The following are the implications related to this issue. • Assume State will be successful in moving some liability to the County and/or Reclamation Districts. • Added cost to the General Fund. • If liability from State is moved to Reclamation Districts,will they go bankrupt? Who will assume responsibility of a bankrupt Reclamation District? The State is responsible for 1,600 miles of levees in the Delta. Since a recent(Paterno)court case decision cost the State almost$500 million in damages for one levee break on the Yuba River, the State has been trying to reduce its liability exposure. The State Department of Water Resources believes the liability should be shared with local agencies,especially when local agencies increase the value of land behind the levees with their land use decisions. Another way to look at this, however, is from the larger perspective of who benefits from proper levee maintenance. The existing levee system provides flood protection for those who live in the Delta, but also provides a stable water supply for those who do not live in the Delta. Twenty three million people in the State rely on a stable water source through the Delta. It could be argued that the levee maintenance responsibility should remain with the State,since levees provide such a state-wide benefit. The question then becomes,how do the beneficiaries pay to support the State's liability exposure for levee maintenance? This may be a more equitable approach than trying to push the liability onto individual local government agencies. 3 AB 1898 (Jones), would require, by July 1, 2007, enactment of the California Flood Insurance Program, requiring property owners in the Sacramento or San Joaquin River watersheds to obtain FEMA flood insurance, unless the area is certified to have 200 year flood protection. Discussion: it appears this legislation would apply to Contra Costa County residents, as the eastern portion of the County lies within this watershed. The costs of this insurance to property owners is not known precisely. This could have the effect of reducing the state's liability, and subsequently, the potential for the County's incurring additional liability. It makes sense for those living within a floodplain to have this insurance. Recommendation:Unless the County can pass this liability(that the State is passing on to the County)on to someone else,then this would be an additional cost to the County and should be opposed. The issue of who would assume responsibility for a bankrupt Reclamation District should be pursued further. Support of bills that advocate for flood insurance, particularly in areas with a high depth of flooding may help decrease the liability burden on the state. In addition,if levees protecting urban land uses were secure from an infrastructure (higher standard of protection)and financing perspective, (high level of levee maintenance through development fees or assessments) new developments could either directly (by absolving the state of liability)or indirectly relieve the state(and potentially the County)of the liability burden. 3. How should Flood Control and Levee Maintenance be Funded? Proposed legislation (AB 1665, Laird), requires the Department of Water Resources to schedule mapping of flood prone areas in the Sacramento San Joaquin Rivers drainage area. Local agencies responsible for project levees would be required to provide reports to the Reclamation Board,which would be renamed the Central Valley Flood Management Board. Reports would be incorporated into the Board's reports on the state plan of flood control to the legislature.The Board would also prepare,update and maintain maps of identified levee protection zones and would also be required to provide written notice to landowners behind levee protection zones. Discussion: Where this legislation seems to primarily be directed to defined `project' flood control levees along the Sacramento and San Joaquin Rivers, other reporting provisions contained within this legislation provide wider scope, and could include Contra Costa County. The bill seems to focus on mapping and reporting provisions;funding provisions are not identified. It is unclear whether areas subject to these requirements would stand a better chance of obtaining state funding. In general, the state, and to some extent the federal government should continue to 4 finance levee maintenance and rehabilitation activities, since it is clearly in the State's interest, as the delta is the State's water supply hub. The delta is the heart of the State's agriculture, industry and provides navigation for essential goods movement, making it clearly in the state's and the nation's interest. In addition, Southern California should pay for the infrastructure that provides its water. Agriculture and urban dwellers behind levees also have an obligation to financially support this infrastructure. The question becomes how do we make this happen, as CALFED and others have failed in prior attempts to have one or more parties pay. Recommendation: Watch AB 798 (Wolk), Delta Levee Maintenance, extends the Department of Water Resources Delta Levee (Subventions) Maintenance program from July 1, 2006, until July 1, 2010 (recent amendment), and restores the 75%state cost share until at least 2008, at which time the state's reimbursement could be reduced to 50%. Currently, under the Delta Levee Subventions Program, a local agency may request a reimbursement for levee maintenance or rehabilitation work on project or non-project levees in the Delta. Existing law provides that up to 75%of costs incurred(in excess of$1000 per mile)could be reimbursed. The program is slated to reduce this compensation from 75%to 50%July 1, 2006, with essentially no funding for this program. Policy Discussion: the Delta Levee Maintenance (Subventions) program is the only state funding cost share for Reclamation Districts for levee maintenance in the Delta,and as such, is critical. Funding in recent years has come primarily through state bond measures,and has been the only source of funds for most Reclamation Districts. The bill needs to be passed by July 1 with funding included to effectively continue this program in the coming months. Recommendation: aggressively support AB 798 with amendments,relative to sunset dates and DWR's project prioritization controversy. 4. What is the Appropriate Type of Land Use Allowed Behind Levees? Proposed legislation (e.g., AB 802, AB 3022) would require additional planning efforts before a city or county could approve land use projects behind levees and flood control facilities. AB 802 (Wolk) would require the General Plan Conservation Element to cover flood management, and to consider augmenting existing water supply with flood water. The bill would also require amendment of the Safety Element of the General Plan, to include assessments of flood risk to life and property from flood, and analysis of infrastructure to minimize this risk. 5 AB 3022 (Umbers) would require that General Plan Safety Elements address flood management issues, by specifically including residential areas located in a 100-year flood plain,and through additional requirements for residential sales,including notification if in a flood plain, a safety plan and insurance policy requirements. The bill also requires a Residential Disclosure Statement notification if the property is located within a 100-year flood plain and other noticing requirements These planning efforts include additional CEQA review requirements, additional general plan goals and policies for projects located in a floodplain, etc. The implications associated with this issue include the following. • Increased development costs. • May restrict the amount of land available for development. • Consistent with General Plan since most areas are outside the County's urban limit line and designated as Delta Recreation. Policy Discussion: The Committee may want to respond to this issue depending on the level of damage that would occur in the event of a failure. This could be viewed similar to Item 1, and the alternative policy question is"What is the acceptable level of risk for building in a floodplain?" In areas where there would be a low depth of flooding and structures aren't inundated,the increased restrictions may be of little value. In areas where there is high depth of flooding and structures would be inundated,perhaps development should not be allowed at all. Attached is a map showing the areas below sea level in East County. Recommendation: Provide direction to staff on the appropriate land use allowed behind levees and whether depth of flooding should be considered. Additional considerations: Several legislative bills,in a piecemeal fashion,attempts to address the disconnect between the entities that maintain levees and flood control facilities and entities that approve land use on the properties protected by the levees and flood control facilities. The classic example is a levee built to agricultural standards to protect agricultural land and subsequently a city or county approves urbanization of the land protected by the flood control facility or levee. If no maintenance funding is provided to the entity maintaining the flood control facility or levee then the claim for damages against the maintenance agency can escalate beyond their means if a failure occurs. The implications associated with this issue include the following: • Development will have to pay to improve levees to modern standards. • Increase in development costs. • Consistent with Board policy that development pays for its impacts. • Development will have to pay for ongoing maintenance of levees. • Difficult to compete for funding levee maintenance if new development is approved behind levee. 6 Making the connection between funding levee maintenance and land use decisions behind levees seems legitimate. If development is approved behind a levee, the levee should be brought up to modern(updated) standards for urbanized areas and the development should contribute to maintaining the levee. Recent studies by the Flood Control District have shown that some older flood control facilities no longer provide 100 year protection due to increased development in the upstream watershed. Development should pay for upgrading the facilities and help fund the ongoing maintenance. Another strategy is to require all parcels protected by a levee or flood control facility to pay an insurance policy to reduce the liability exposure for damages due to failure. Recommendation: Reaffirm that development should pay for its impacts, including levee/flood control facility upgrades and maintenance. In addition, direction to staff is required on any undeveloped levee island areas inside the Urban Limit Line where development could occur. In terms of funding potential, the County is fortunate in that it has strong General Plan language regarding development behind levees; in addition, much of the area is outside of the County's Urban Limit Line,making it inaccessible to development. However,because of some exceptions,the County has been stymied in its efforts to get state and federal funds for levee maintenance because of new developments in the area, rendering these islands a low priority for funding. A strong policy statement by the Board reaffirming our General Plan protections, or a new bold policy statement by the Board may offset the funding problems encountered here. The Peripheral Canal debate continues Peripheral Canal legislation has been proposed(SB 1.612 Simitian),entitled`Clean Drinking Water, Water Supply Security,and Environmental Improvement Bond Act of 2006'. The legislation would enable a$3 billion dollar bond act to go to the voters in November 2006. The legislation establishes a Water Quality Environmental Improvement Authority, comprised of 9 members to oversee the relocation of delta intake facilities from the south delta to the Sacramento River,just downstream of the Sacramento County/EBMUD intake facility. The amount of water that could be taken at that location is based on a `2006 level of water development and water year type' (no conversion mentioned here in common cfs terms)by the State Water Resources System and the Central Valley Project. Even more unsettling is the specific language and restrictions that would be included in the actual ballot; (title described above); bill limits ballot language to the following; "provide funds to substantially improve drinking water quality, enhance environment and prevent disasters from interrupting California's water supply". As of this writing, the Board of Supervisors has opposed this bill; additional action may need to be taken if this bill moves forward. A specific strategy for opposition should be considered. Many of the abovementioned actions related to levee reconstruction could perhaps serve as a disincentive for a peripheral canal, should substantive efforts be made to increase flood protection. 7 CALIFORNIA LEGISLATURE-2005—O6 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 4 120325, but excluding Section 120380) and in enacting Sections 99 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 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 immunizations 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 -3— AB 1251 1 (e) Incentives to public health authorities to design innovative 2 and creative programs that will promote and achieve full and 3 timely immunization of children. O 99 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 Code, relating to fittaft quality, watershe tftd flood fnaftagement program, by providing the ftmd.s ft cf-or throtigh the issttanee and sale of bonds of the S of Galifi3ntia and by providing for the handling and disposition o those s An act to amend Sections 12986 and 12987.5 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 798, as amended, Wolk. , 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 AB 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, 2008, 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, variotts measttres have been -approved by -voters to provide Fitnds fbr water projeets, f�eilities, and programs. This bill woUld enaet the Water Quality, Watershed Proteetion, and Flood Management Bond Aet of 2006 whieh, if adopted, wottld dhe State Gietteral Obligation Bond Law, of boitds in the amotinf-of bill wotild fequire the Seeretary of State to submit the bond aet, to thevoters at he elee'tten. 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 -3— 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 the 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 basis 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 (bj- 37 (c) This section shall become inoperative on July 1,-2006 38 2008, and, as of January 1, 2007 2009, is repealed, unless a later 39 enacted statute, that becomes operative on or before January 1, 97 AB 798 —4- 1 4-1 2997 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, 2096 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, 2007 2009, is repealed, unless a later 37 enacted statute, that becomes operative on or before January 1, 38 2-OW 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 AMENDED IN SENATE MARCH 15, 2006 CALIFORNIA LEGISLATURE-2005—O6 REGULAR SESSION ASSEMBLY BILL No. 135 Introduced by Committee on Budget (Laird (Chair), Arambula, Bermudez, Chan, Coto, De LaTorre, Dymally, Evans, Goldberg, Hancock, Montanez, Mullin, Nava, Parra, Pavley, and Wolk) January 13, 2005 An aet relating 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. Bttdget Aet of 2005 Flood control: levee repair and flood control systems. Existing law establishes the Department of Water Resources, which 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. This bill would express the intefit of the Legislature to enaet stattitory ehanges relating to the Budget Aet of 209-5-. Vote: ntajofitr2/3. Appropriation: neo-yes. Fiscal committee: no yes. State-mandated local program: no. 98 AB 135 —2— The people of the State of California do enact as follows: 1 SECTION 1. 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 IV of the Constitution and shall go 8 into immediate effect. The facts constituting the necessity are: 9 In order to reduce the threat of potential flood damage and 10 loss of life, it is necessary that this act take immediate effect. 11 SFGT-1E)N 1. it is the intent of the Legislature to enaet 12 . O 98 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 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 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 and would ffdt4torize the agettey to require the ei" the assessm 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 a 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 would authorize the bo"d to require the eit" eottnt-y to indemnif� aind hold the state harmless prior to submitting the verifieati . 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 AB 1899 —4- 1 4-1 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 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 learns 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 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 receiving 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 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 -5— 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 boafd 37 the eity or eaunty indemnif� and hold the state 1 38 stibmittittg any verifieation required tider this seetiatt. 97 AB 1899 —6- 1 6-1 (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 levels 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 97 AB 1899 —8- 1 8-1 that, to the knowledge of the flood management agency, provide 2 information specifically relevant to the level 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 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 to 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 or county may seek a writ of 31 mandamus to compel the governing body of the flood 32 management 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 of 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 becomes available that was not 97 -9— AB 1899 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 6 information available to the agency. The ageney may reqttire 7 eity or eottnty to indenittify and hold the ageney harmless prior 8 s4mitting any assessment reqttired by this part. 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, 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 17 project is located. 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. 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. 97 AB 1899 _10- 1 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 XIIIB 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 this 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 O 97 AMENDED IN ASSEMBLY APRIL 18, 2006 AMENDED IN ASSEMBLY MARCH 29, 2006 CALIFORNIA LEGISLATURE-2005-O6 REGULAR SESSION ASSEMBLY BILL No. 1898 Introduced by Assembly Member Jones (Coautbor: 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 instittition or finaneit4 authority shall make, inerease, extend, of: renew any loan seeured erty required to be instired against the hatard of fioo4-, The bill would further provide that its provisions are severable. 97 AB 1898 —2— Vote: 2—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. 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 to maintain flood insurance, unless 14 the state or other agency responsible for operation 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, extend or renew any loan seettred by 22 improved real estate or a mobilehatne ioeated or to be loeated in 23 an area that has been identified as an area having speeial flood 24 rhazards,or identified as .. flood hazafd zone within the 25 Saeramento River of: San joaquin River watersheds and in whieh 26 noon _ee has beenmade available unaer the National 27 Flood insuranee Aet, unless the building of:mabilehome and atty 28 personal pf:operty seeuring stteh loan is eovered For the term of 29 the loan by flood insufa iount at least eqttal to the 30 outstanding pfineipal balanee of the loan or the inaximum limit 31 of eovef:age made available under the aet for that type of. 32 , whieheyer is less. This feqttiremejat shall not apply if 33 the levee system proteeting the propefty ffom flooding has b 34 eertified to provide at least 200 year flood prateetiott. 97 -3— AB 1898 1 X8199.3. 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. O 97 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-2005-06 REGULAR SESSION ASSEMBLY BILL No. 1665 Introduced by Assembly Member Laird February 22, 2005 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,-tnd to add Article 8 (commencing with Section 8725) to Chapter 3 of, and to add Chapter 9 (commencing with Section 9110 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 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 1 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 of property owners in a levee protection zone located in that county. The bill would specify 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. The bill would reqttire the depaftment to prepare and submit to the > 2010, of flood eontrol. The bill would reqttire the department, on or bef6re 94 -3— AB 1665 board'sflooding in the Saeramento and San R)aq year, to prepare and submit to the board, in a format speeified by the Management feports relating to the projeet, thereby imposing a notiee of flood hazard with the amittal propefty tax assessment of eaeh state-mandated loeal program. The bill would require the depaftment, in eooperation with board,before jantiary 1,2011, to prepare a flood eontrel system status report, as presefibed. The bill would require the board to pfepare td maintenanee of a federal flood eontral faeility of the f�eihties of the state plan of flood eontrol, to be made available on the wotild require the board to prepare,tipdate, and maintain levee failufe inundation zone maps. (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, 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. (3) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follox�s: 1 SECTION 1. Section 8327 is added to the Water Code, to 2 read: 94 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 flooding 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. THERECLAMATION CENTRAL VALLEYFLOOD 12 MANAGEMENT BOARD 13 14 SEC. 3. Section 8521 of the Water Code is amended to read: 15 8521. "Board" means the Reelamation 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 ead: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: 94 -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 of flood 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, 2006, the board shall advise the 17 Legislature, in writing, as to the board's schedule of 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" 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 board 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 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 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 40 otherwise. 94 -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 1 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 offlood 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 purchasing subsidized federal flood 30 insurance. 31 (6) The Internet address of the Web site of the board that 32 contains the information required 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. 94 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: 8 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 identify 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 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 29 implementation of this section. 30 31 Article 2. Reports on Flood Management Activities by Local 32 Agencies 33 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 38 documents, as determined by the board: 39 (1) Annual inspection reports on local agency maintenance 40 prepared by the department or the board. 94 -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, document, 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 Protection 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 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 the board. 33 SEGTION 1. The Legislature finds and deelares all of the 34 €a ng. 35 (a) Gne of the first plans f6r flood eontral in the Gentra 36 Valley adopted by the Legislattffe was based on the August 10, 37 1910,report of the Galifbntia Debris State adoption 38 of this report followed the effbtls of leeal landowners and 39 -ontrol poftions of the areas of potential flooding 40 with no general oversight and without appreeiable sueeess. Th-c 94 AB 1665 _10— I 10-1 eintsioned standardization of levee heights an 2 constmetiott of a system of weirs and bypasses to relieve stress 3 on the river levees. The state plan that has developed in the 4 . - I s ineorpofatedd many existing loeal levees into th 5 systern. The System of levees has improved navigation on 6 waterways, reelaitned lands s*eet to inundation to pefmit their 7 development for agriettitural ptffposes, and redtteed the 8 firequeney of flooding of eertain tirban eenters that existed at the 9 10 (b) Subsequent legislative aets have amended and added to the 11 12 tinder the State Water Resettrees Law of 19415 (Chapter 1 13 14 with Seetion .1-26-39") Of Part 6 ofDivision 6 ofthe Water Gode)- 15 16 , 17 18 19 20 , and provi 21 22 23 24 all eases whefe the federal govenifnent does not mainiain and 25 , 26 eity, state ageney,--- 27 operate flood eontrol d other works, 28 29 30 Water Code after their eornpletion and hold and save the st- -, 31 and the nited States free ffom damages. The state has limited 32 33 flood-ehannels-m=raer Seetion 8361 of the Water Code Sin 34 1986, fedefal law has feqttired a nonfederal monetary 35 contribution fbr the-easts of eenstmetien. Sinee-1988, sane iaw 36 has required loeal cost--haring with the state on nonfederal 37 constmetion eosts. Maintenanee and hold harmless obligations 38 have not ehangpd: 39 , 40 94 -11— AB 1665 1 deposits,eannot offef eornplete proteetion ffom flooding,but ea-n 2 3 (e) The Legislaftffe reeogttizes that the level of floo 4 proteetion afforded agrieultural lands by the original flo 5 eontrol system is not eonsidered adequate to proteet those !an 6 whett developed for ufban uses, and that a diehotomotts system 7 of flood proteetion for ttrban and agrieultural lands has developed 8 through many years of praetiee. The Legislature furthe 9 10 land may be inadequate to proteet urban development tmiess 11 those levees are signifieantly improved: 12 , 13 the national flood instffanee program, and the designat- 14 floodway program,represent important supplemental aetivities to 15 edueate the publie about and proteet the ptblie From flood 16 ids: 17 18 and works into a eoherent system tinder the regulatory eentrol of 19 the Gentral Valley Flood Management Board is a reasonable plan 20 . 21 22 benefits over many deeades that greattly exeeed the etimulativ-c 23 eeonotnie losses due to Hoods. ift many instanees, the eeenomie 24 losses that have been sustained due to flooding eottid have been 25 26 of n_..a : _ or i,..ea e ff-orts to� _ e the level or flood 27 . n n � o �:� �� added L a _ a. 2 �E�s—Seetrorr 8327 i-sadded to the Water Go . 29 8327. On or before january 1, 2007, the department shall 30 31 Saefamento and San joaqttin Rivers drainage. The depaftfnent. 32 33 34 eompletion. The sebedule should be based on the present and 35 expeeted future risk of flooding and assoeiated eonsequetteet. 36 , 37 floodway mapping, and re 94 AB 1665 —12- 1 12-1 8521. "Board" means the Gentral Valley Flood Managemen 2 Board. Aity referenee to the Reelamation Board in this eod-c 3 meafts the E3entral Valley Flood Management Board-. 4 S-E3. 4Seetiott 8523 is added to the Water Goma: 5 8523. "Faeilities of the state platt of flood eontrol"means the 6 , ..11..etiye federal and n state authorized flood , «a_,.1 F eiliaies „« 7 8 drainage for whieh the boafd or the department has given the 9 nonfederal assuranees to the United States required f;Dr the 10 . 11 SEE3. S. Seetion 8524 is adaed o the Water Code, to 12 " meatts any levee that is paft of -a 13 federal and state attthorized flood eon"! projeet loeated ift th-c 14 Saerafnefito and San joaquin Rivers drainage for whieb the bo 15 or the department has given the nonfederal assufanees to 16 United States required for the projeet. 17 18 , to Yea-d- 19 20 Aftiele o State Flood no«a_..1 nla 21 22 8725. Bef6re janttafy 1, 2010, the depaftfnent, in 23 with the board, shall prepare and submit to the Legislatur 24 report deseribing the state plan of flood eontrol. The feport shaH 25 eontain a detailed deseriptiott and inventory of the flood eontrol 26 11 available information that ineludes all of the 27 €eilarrg� 28 (a) A deseriptioft of the historieal development of the flood 29 30 (b) An inventory and deseription of all f�eilities of the state 31 plan of flood eontrol, 32 pttfpose, f6undation investigations, and design and eonstmetion 33 of the proj eet,-. 34 35 `eilities. 36 , 37 state, and loeal ageneies. 38 (e) A deseription of the purpose and limitations of the floo 39 eontfol systent. 94 o oo a� 1 3 4 5 �r� 6 g „ 9 �L to 11 15 16 1� IS 19 2s veto 29 2� 2� 26 2�1 30 � � � 32 33 34 ' 35 36 94 31 3s 39 AB 1665 —14- 1 14-1 benefitted by the projeet shall iftelude iftfofmation pursuant 2 . 3 4 5 6 , may sttbmi 7 iftfbrmati n submitted to satisfy the requirements of that program 8 , btt 9 may do so otily for that reaeh of the levee ineluded in that 10 program.. 11 12 Z'.fl submit to the depaftmett 13 this seetion may voluntarily prepa and 14 or the board a flood report fi3r 'Ite 15 . 16 (e) As used in this seetion- 17 " mems a loeal ageney responsible for the 18 . 19 " 20 . 21 "means a faeility ofthe state plan of flood eontrol, 22 as defined in Seetion 8523. 23 9421. (a) les a levee f�ilttre inundati 24 zone shall identify eaeb pareel of real property loeated wholly-of 25 26 determined by the board ptffsuant to Seetion 9170. 27 (b) Any eotin-ty that ifieludes a levee f�ilure inundation zone 28 shall provide a written notiee of flood hazard with the afutual 29 property tax assessment of eaeh landowner detemined by A 30 31 intindation zone. The notiee shall inelude statements regarding a14 32 of the 33 . 34 , the fisk of flooding 35 . 36 (3) The level of flood risk as deseribed in the flood eontrol. 37 systern status report deseribed in Seetion 9150, 38 tential flood depth for eaeh levee failur�i�undati(Drft 39 zone in , 94 -15— AB 1665 1 the eotfftty as prepared by the board in aeeefdanee with Seetion 2 19170. 3 (4) (A) The landowner is advised by the state to have floo 4 instuanee f6r any bttildings on the property to proteet the owner 5 From less 6 , the 7 notiee shall eontain the following statement. 8 ?4():Rnr. OF T Ts TL"r. r. A n T m E R T D A TION ZONE 9 This property is loeated within an afea identified by the E3entral 10 :Valley Flood Management Board as a levee Failure intindati 11 zone. Flooding due to the f�ilttre of a federal flood proteetion 12 levee may eattse signifteatit risk to lif�and property. The Stat 13 Galifbrftia reeetFumends that property owners iii levee f�ih 14 inundation zones obtaift flood ifisttranee provided by the Federa4 15 Emergeney Management Ageney tbfotigh the National Flood 16 litsuranee Progfam. 17 (5) hifofmation about pttrehasing subsidized federal flood 18 instrrarree. 19 (6) The Intefnet address of the Web site of the board tha 20 eontains the infonnation required by the flood fnaftagemen 21 report desefibed in Seetion 9160. 22 (7) Any other information determined by the department to be 23 neeessary. 24 (e) h-t prep�triftg the atutual written ttetiee of Hood hazard 25 reqttired by this seetion, 26 information and getteral desefiptiofts developed by the board. 27 9122. A loeal ageney responsible for the operation and 28 29 the state plan of flood eentrol, as defined in Seetion 8523, may 30 , if the 31 loeal ageney doettments ift its flood management report that th�c. 32 33 tipgfade if approved by the board. 34 SEG. 8. Chapter 10 ( with Seetion 9150) is 35 added to Part 4 of Division 5 orthe"'Wier Code, to 94 AB 1665 —16- 1 2 3 Affiele 1. Flood Control System Status Repoft 4 5 , 6 eoopefatiott with the boafd, 7 status repoft. 8 (b) The flood eontrol system stattis report shall identify an 9 deseribe the faeilities of the state flood eontrol system, ineltiding 10 , and mak-c 11 appropriate reeonmnendations. 12 , 13 . 14 15 16 Ageneses 17 18 9160. (a) The board shall prepare a repoft oft flood 19 20 and maintenanee of a federal flood eontrol faeility of the 21 , as defined by Seetio.n. 22 8523,tising information provided by the loeal ageney pursuant to 23 Seetion 9120 and information from relevant portions of the 24 following doettments, as determined by the board. 25 26 prepared by the depart 27 . 28 (3) The flood eontfol system status repoft deseribed in Seetio 29 9150. 30 -2 . 31 , or information deeme 32 relevant by the board. 33 (b) The board shall make the flood management report fo 34 35 and shall provide the report to all of the following entities! 36 . 37 (2) The loeal ageney. 38 . 39 ' 40 jurisdietionr. 94 -17— AB 1665 1 (e) The flood management report shall be updated antrdally 2 upon the appropriation of ftinds for that puMose. 3 (d) A flood management report voluntarily submitted by 4 5 made available on the intefnet Web site of the boafd if the joeal 6 ageney has jurisdietion within the geographieal boundaries of 7boafd's jurisdietion. Otherwise, the report shall be made 8 available on the hiternet Web site of the deparftent-. 9 10 Aitiele 3. Levee Failure Intindation Zone Maps 11 12 ,and mai 13 for levee Failure inundation zones, 14 of Seetion 9110. The maps shaH inelude flood depth eontotffs. 15 detefmined bY the board. 16 (b) it , R., intlem" of the L gislattire that the levee failtif-C 17 inundation be widely distribtfled to appropriate 18 govemment by the board. 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 IV 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. O 94 AMENDED IN ASSEMBLY JANUARY 23, 2006 AMENDED IN ASSEMBLY APRIL 25, 2005 AMENDED IN ASSEMBLY APRIL 6, 2005 CALIFORNIA LEGISLATURE-2005-o6 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. The (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 resources located on 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 AB 802 —2— eke (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 suiface 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: no. 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,open 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 -3— AB 802 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 I 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 (I11) Testing of military equipment, vehicles, weapons, and 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 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. 96 AB 802 —4- 1 4-1 (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 the conservation element including 11 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) TIIeUpon 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-aR both of the following: 35 (2k) The risk to life and property from reasonably foreseeable 36 flooding. 37 (B) The loeal flood and water stipply in&ftstmefure and a 38 explanation of how the proposed plati fits with' 39 alteration of that existing infiastruettire. 40 fG) 96 -5— AB 802 1 (A) The existing water supply and possible means of using 2 floodwater to supplement that supply. 3 {D) 4 (B) The potential means of using floodwater to aid in the 5 recharge of groundwater supplies. 6 ,the geiteral plan's 7 land ttse element. 8 (F) Goordination with state and loeal ilved in flood 9 management issues. 10 . 11 (11) Amything else deemed neee it effeetive 12 flood maBagement tneasufes. 13 The eonservatiatt element shail be prepared and adopted no late 14 than Deet n+er 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 19 guidelines established by the Office of Noise Control in the State 20 Department of Health Services and shall analyze and quantify, to. 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(CN-EL)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 96 AB 802 —6- 1 6-1 modeling techniques for the various sources identified in 2 paragraphs (1) to (6), inclusive. 3 The noise contours shall be used 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 7.8(commencing with Section 2690) 16 of the Public Resources Code, and other geologic hazards known 17 to the legislative body; flooding; and wild land and ti--ban�-� 18 The safi�� element shall inelttde mapping of know 1 19 , 20 military installations, peak4aad water supply requirements, and 21 , as those 22 items relate to identified fire tmd gealogie hazards.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'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 -7— AB 802 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 offlooding. 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. 11 (F) Anything else deemed necessary to implement effectiveflood 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. O 96 AMENDED IN ASSEMBLY MAY 11,2006 AMENDED IN ASSEMBLY APRIL 27, 2006 AMENDED IN ASSEMBLY APRIL 6, 2006 CALIFORNIA LEGISLATURE-2005-o6 REGULAR SESSION ASSEMBLY BILL No. 3022 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 aft express, written diselastire 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 nearby a levee and 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- -ro i behind the protection provided by 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 96 AB 3022 —2— property" 2—property" entered into on or after July 1, 2007, and until January 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 -3— AB 3022 1 (9) A true statement of the 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 statement or 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 11010.2, 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 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 to some of the annoyances or 40 inconveniences associated with proximity to airport operations 96 AB 3022 —4- 1 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. 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 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 38 R-eX! P NOTT�r ?y!1�/1 T EVE AND POTS TT�r 39 I' i awt�i LOOD PUSKS 40 NOTICE OF LEVEE FAILURE FLOOD HAZARD 96 -5— AB 3022 1 2 This property would be subject to a risk of flooding but for the 3 protection provided by being loeated behind a a nearby levee. 4 Levee failure may result in flooding that may cause significant 5 risk to life and property. The State of Galifamia fequires that this 6 property be eovered by flood instiraftee provided thfough the 7 Natioital Flood Insufanee Program fior a period of 4 years afte 8 the first elose of eserow of this property and reeontmends that 9 property awners maiittain flood iiistiraftee after that. 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 flood preparedness and evacuation plan, if one is 30 developed by the city, county, or city and county, that provides 31 information regarding what should be done in case of levee 32 failure. 33 (2) A condition that � provides that the builder or the 34 builder's agent, including an 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, for qualifying real property-wig-be 38 proteeted by a paliey sold pursuant to the National F-lao 39 insuranee Prograrn for a period of four years from the date of 40 close of escrow of the qualifying real property. 96 AB 3022 —6- 1 6-1 (b) For purposes of this section, "qualifying real property" 2 shall mean a new residential unit that meets both of the following 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 1 percent but for the protection providing by being 10 laeated behi provided by a nearby levee. O 96 AMENDED IN ASSEMBLY MAY 9, 2006 AMENDED IN ASSEMBLY 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 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 jtidgment has been entered against the state. 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 development in a previously undeveloped area, as defined. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 97 AB 3050 —2— The 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, 16 entered agaiflst the state or a state ageitey determined to be liabl_c� 17 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 right o rights of indemnity and contribution shall apply ether 22 the aetion against the state or state ageney is broug 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 right o 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. O 97