BILL NUMBER: AB 2406 CHAPTERED 09/11/02 CHAPTER 461 FILED WITH SECRETARY OF STATE SEPTEMBER 11, 2002 APPROVED BY GOVERNOR SEPTEMBER 11, 2002 PASSED THE SENATE AUGUST 27, 2002 PASSED THE ASSEMBLY MAY 28, 2002 AMENDED IN ASSEMBLY MAY 20, 2002 AMENDED IN ASSEMBLY APRIL 29, 2002 INTRODUCED BY Committee on Governmental Organization (Horton (Chair), Strickland (Vice Chair), Canciamilla, Chavez, Harman, Maldonado, Matthews, Nation, Reyes, Wesson, Wiggins, and Wright) FEBRUARY 21, 2002 An act to amend Sections 8680, 8680.3, 8680.4, 8680.5, 8683, 8684, 8684.2, 8685, 8685.2, 8686.2, 8690.25, 8690.45, 8690.8, 8871.5, 8878.125, and 93005 of, to amend the heading of Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2 of, and to repeal Section 8680.25 of, the Government Code, and to amend Sections 128 and 12994 of the Water Code, relating to disaster assistance, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 2406, Committee on Governmental Organization. Disaster assistance. The Natural Disaster Assistance Act requires that the Director of the Office of Emergency Services provide financial assistance to local agencies for public real property that is damaged or destroyed by a natural disaster. The Natural Disaster Assistance Fund is continuously appropriated, without regard to fiscal years, for purposes of the act. This bill would rename this act the Disaster Assistance Act, would delete from these provisions the requirement that the disaster qualifying for the assistance be from natural causes, and would include a terrorist act or epidemic as a disaster for this purpose. This bill would rename the special fund described above the Disaster Assistance Fund and would, by expanding the purposes for which moneys in that continuously appropriated fund are available, thereby constitute an appropriation. The bill would make technical, conforming changes. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The heading of Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2 of the Government Code is amended to read: CHAPTER 7.5. DISASTER ASSISTANCE ACT SEC. 2. Section 8680 of the Government Code is amended to read: 8680. This chapter shall be known and may be cited as the Disaster Assistance Act. SEC. 3. Section 8680.25 of the Government Code is repealed. SEC. 4. Section 8680.3 of the Government Code is amended to read: 8680.3. "Disaster" means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. SEC. 5. Section 8680.4 of the Government Code is amended to read: 8680.4. "Project" means the repair or restoration, or both, other than normal maintenance, or the replacement of, real property of a local agency used for essential governmental services, including, but not limited to, buildings, levees, flood control works, channels, irrigation works, city streets, county roads, bridges, and other public works, that are damaged or destroyed by a disaster. "Project" also includes those activities and expenses allowed under subdivisions (a), (c), (d), and (e) of Section 8685. Except as provided in Section 8686.3, the completion of all or part of a project prior to application for funds pursuant to this chapter shall not disqualify the project or any part thereof. SEC. 6. Section 8680.5 of the Government Code is amended to read: 8680.5. "Project application" means the written application made by a local agency to the director for state financial assistance, which shall include any of the following: (a) In the case of a public facilities project, all damage to public real property that resulted from a disaster within the total jurisdiction of the local agency making application. (b) In the case of a street and highway project, all damage to streets and highways that resulted from a disaster within the total jurisdiction of the local agency making application. (c) Other activities and expenses as allowed in Section 8685. SEC. 7. Section 8683 of the Government Code is amended to read: 8683. Whenever funds are available for purposes of this chapter, the director shall make allocations therefrom in the amounts that he or she determines to be necessary to state agencies for expenditure for making the investigations, estimates, and reports required by this chapter. Those allocations may also be made to provide for preliminary investigations, estimates, reports, training of state agency personnel, or to reimburse the state agencies for expenditures made in anticipation of actual applications by local agencies. Allocations may also be made for the purpose of making any investigations, estimates, and reports that may be necessary to enable local agencies to obtain federal aid for disaster relief purposes, regardless of whether or not that aid is available for projects that are eligible for state allocations pursuant to this chapter. The director may make allocations to any state agency or office from those funds, or other funds available therefor, in the amounts that are necessary to administer this chapter. SEC. 8. Section 8684 of the Government Code is amended to read: 8684. (a) It is the intent of the Legislature: (1) To provide the Governor with appropriate emergency powers in order to enable utilization of available emergency funding to provide guarantees for short-term, low-interest loans to be made by commercial lending institutions, in connection with relief provided for the northern California earthquake of October 17, 1989, and incidents subsequent thereto, and resulting therefrom, in the affected area during the period of earthquake relief, for the purpose of supplying interim financing to enable small businesses to continue operations pending receipt of federal disaster assistance. (2) That the Governor should utilize this authority to prevent business insolvencies and loss of employment in the area affected by the northern California earthquake of October 17, 1989. (b) In addition to the allocations authorized by Section 8683, the Governor may allocate funds made available for the purposes of this chapter, in connection with relief provided for the northern California earthquake of October 17, 1989, and incidents subsequent thereto, and resulting therefrom, in the affected area during the period of earthquake relief, to the Small Business Expansion Fund for use by the Office of Small Business, pursuant to Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, to make allocations of funds to small business development corporations as follows: (1) To provide guarantees for short-term low-interest loans to be made by commercial lending institutions for the purpose of providing interim financing to enable small businesses that have suffered actual physical damage or significant economic losses, as a result of the disaster for which funding under this section is made available, to continue or resume operations pending receipt of loans made or guaranteed by the federal Small Business Administration. The maximum amount of any loan guarantee funded under this section shall not exceed one hundred fifty thousand dollars ($150,000). The loan guarantee shall not exceed 95 percent of the loan amount, except that the loan guarantees may be for 100 percent of the loan amount if the applicant can demonstrate that access to business records pertinent to the loan application has been precluded by official action prohibiting necessary reentry into the affected business premises. The term of the loan shall be determined by the financial institution providing the loan or shall be made payable on the date the proceeds of a loan made or guaranteed by the federal Small Business Administration with respect to the same damage or loss are made available to the borrower, whichever first occurs. The maximum term of the loan guarantee shall be not more than 12 months except as provided in this section. Loan guarantees for which the initial 12-month term has expired and for which an application for disaster assistance funding from the federal Small Business Administration is still pending may be extended until the time that the Small Business Administration has reached a final decision on the application. Agricultural loans and loan guarantees for loans that have been denied funding by the federal Small Business Administration, may be extended by the financial institution providing the loan is for no longer than a maximum of seven years, if the business demonstrates the ability to repay the loan with an extended loan term, and a new credit analysis is provided. All loans extended under this provision shall be repaid in installments of principal and interest, and be fully amortized over the term of the loan. Nothing in this section shall preclude the lender from charging reasonable administrative fees in connection with the loan. (2) To provide guarantees for short-term low-interest loans, as provided in Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, for small farms, nurseries, and agriculture-related enterprises that have suffered actual physical damage or significant economic injury as a result of the northern California earthquake of October 17, 1989, or its subsequent aftershocks, but that are types of businesses that are ineligible for loans or loan guarantees of the federal Small Business Administration or Farmers Home Administration provided in connection with that disaster. Loan guarantees funded pursuant to this section shall not exceed one hundred fifty thousand dollars ($150,000) and shall (A) be extended only to those individuals or entities that are unable to obtain credit elsewhere, (B) are intending to continue in the same business enterprise, (C) do not exceed 80 percent of production losses and 100 percent of structural losses, and (D) do not exceed 95 percent of the loan amount. The maximum term of the loan guarantee shall be not more than seven years. To the extent possible the terms of the loan guarantees, including requirements respecting the terms of the underlying loans, shall be consistent with loan-guarantee assistance provided to nonagricultural businesses in response to that disaster by the federal Small Business Administration. (c) Allocations pursuant to this section shall, for purposes of all provisions of law, be deemed to be for extraordinary emergency or disaster response operation costs incurred by the Office of Small Business. SEC. 9. Section 8684.2 of the Government Code is amended to read: 8684.2. (a) It is the intent of the Legislature: (1) To provide the Governor with appropriate emergency powers in order to enable utilization of available emergency funding to provide guarantees for interim loans to be made by lending institutions, in connection with relief provided for those persons affected by disasters or a state of emergency in affected areas during periods of disaster relief assistance, for the purpose of supplying interim financing to enable small businesses to continue operations pending receipt of federal disaster assistance. (2) That the Governor should utilize this authority to prevent business insolvencies and loss of employment in areas affected by these disasters. (b) In addition to the allocations authorized by Section 8683 and the loan guarantee provisions of Section 14030.1 of the Corporations Code, the Governor may allocate funds made available for the purposes of this chapter, in connection with relief provided, in affected areas during the period of federal disaster relief, to the Small Business Expansion Fund for use by the Office of Small Business, pursuant to Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, to provide guarantees for low-interest interim loans to be made by lending institutions for the purpose of providing interim financing to enable small businesses that have suffered actual physical damage or significant economic losses, as a result of the disaster or state of emergency for which funding under this section is made available, to continue or resume operations pending receipt of loans made or guaranteed by the federal Small Business Administration. The maximum amount of any loan guarantee funded under this paragraph shall not exceed two hundred thousand dollars ($200,000). Each loan guarantee shall not exceed 95 percent of the loan amount, except that a loan guarantee may be for 100 percent of the loan amount if the applicant can demonstrate that access to business records pertinent to the loan application has been precluded by official action prohibiting necessary reentry into the affected business premises or that those business records pertinent to the loan application have been destroyed. The term of the loan shall be determined by the lending institution providing the loan or shall be made payable on the date the proceeds of a loan made or guaranteed by the federal Small Business Administration with respect to the same damage or loss are made available to the borrower, whichever event first occurs. (c) Loan guarantees for which the initial 12-month term has expired and for which an application for disaster assistance funding from the federal Small Business Administration is still pending may be extended until the Small Business Administration has reached a final decision on the application. Applications for interim loans shall be processed in an expeditious manner. Wherever possible, lending institutions shall fund nonconstruction loans within 60 calendar days of application. Loan guarantees for loans that have been denied funding by the federal Small Business Administration, may be extended by the financial institution provided that the loan is for no longer than a maximum of seven years, if the business demonstrates the ability to repay the loan with an extended loan term, and a new credit analysis is provided. All loans extended under this provision shall be repaid in installments of principal and interest, and be fully amortized over the term of the loan. Nothing in this section shall preclude the lender from charging reasonable administrative fees in connection with the loan. (d) Allocations pursuant to this section shall, for purposes of all provisions of law, be deemed to be for extraordinary emergency or disaster response operation costs, as provided in Section 8690.6, incurred by the Office of Small Business. (e) The Technology, Trade, and Commerce Agency may adopt regulations to implement the loan guarantee program authorized by this section. The agency may adopt these regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 , and for purposes of that chapter, including Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1 , the regulations shall be repealed within 180 days after their effective date unless the agency complies with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 , as provided in subdivision (e) of Section 11346.1. (f) Within 60 days of the conclusion of the period for guaranteeing loans under any small business disaster loan guarantee program conducted for a disaster as authorized by Section 8684.2, or Section 14075 of the Corporations Code, the agency shall provide a report to the Legislature on loan guarantees approved and rejected by gender, ethnic group, type of business and location, and each participating loan institution. SEC. 10. Section 8685 of the Government Code is amended to read: 8685. From any moneys appropriated for that purpose, and subject to the conditions specified in this article, the director shall allocate funds to meet the cost of any one or more projects as defined in Section 8680.4. Applications by school districts shall be submitted to the Superintendent of Public Instruction for review and approval, in accordance with instructions or regulations developed by the Office of Emergency Services, prior to the allocation of funds by the director. Moneys appropriated for the purposes of this chapter may be used to provide financial assistance for the following local agency and state costs: (a) Local agency personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, excluding the normal hourly wage costs of employees engaged in emergency work activities. (b) To repair, restore, reconstruct, or replace facilities belonging to local agencies damaged as a result of disasters as defined in Section 8680.3. Mitigation measures performed pursuant to subdivision (b) of Section 8686.4 shall qualify for funding pursuant to this chapter. (c) Matching fund assistance for cost sharing required under federal public assistance programs. (d) Indirect administrative costs and any other assistance deemed necessary by the director. (e) Necessary and required site preparation costs for mobilehomes, travel trailers, and other manufactured housing units provided by the federal temporary housing assistance program operated by the Federal Emergency Management Agency. SEC. 11. Section 8685.2 of the Government Code is amended to read: 8685.2. An allocation may be made to a local agency for a project when, within 10 days after the actual occurrence of a disaster, the local agency has proclaimed a local emergency and that proclamation is acceptable to the director or upon the order of the Governor when a state of emergency proclamation has been issued, and if the Legislature has appropriated money for allocation for purposes of this chapter. SEC. 12. Section 8686.2 of the Government Code is amended to read: 8686.2. When the United States or any agency thereof is to provide disaster relief funds for any portion of the cost of a project, the amount so provided shall be deducted from the cost of the project in determining the amount to be allocated by the state and the amount to be contributed by the local agency under Section 8686. It shall not be required that the disaster relief funds to be provided from federal sources shall be paid into the State Treasury, but the director shall, if state funds are available, authorize the work to be commenced when the director has received assurance, adequate in his or her opinion, that the federal disaster relief matching funds will be made available for expenditure for the work, or for payment to the state for performance thereof. SEC. 13. Section 8690.25 of the Government Code is amended to read: 8690.25. The Disaster Assistance Fund, referred to as "fund" in this article, is hereby created as a special fund in the State Treasury. This fund and its subsidiary account, the Earthquake Emergency Investigations Account, are continuously appropriated, without regard to fiscal years, for purposes of this act. SEC. 14. Section 8690.45 of the Government Code is amended to read: 8690.45. The Controller shall establish the following special account in the Disaster Assistance Fund. The Earthquake Emergency Investigations Account, into which shall be paid all moneys appropriated by the Legislature to the Seismic Safety Commission for allocation for the purpose of enabling immediate investigation of damaging earthquakes. Allocations may be made by the commission to assist organizations that have incurred expenses in the course of conducting earthquake investigations. Allocations may be made to cover the following expenses: (a) Travel, meals, and lodging. (b) Publishing of findings. (c) Contractor assistance in the investigation. (d) Other expenses that the commission may allow as necessary to assist the investigation. The unpredictable nature of earthquakes necessitates immediate access to funds for investigative purposes. For this reason, notwithstanding any other provision of law, funds in the Earthquake Emergency Investigations Account shall be available for expenditure without regard to fiscal years. SEC. 15. Section 8690.8 of the Government Code is amended to read: 8690.8. (a) There is hereby created, within the Disaster Response-Emergency Operations Account, the 1987 Higher Education Earthquake Account, into which shall be paid all moneys allocated pursuant to Section 8690.6 for assistance to eligible higher education entities that incurred losses or expenses related to earthquake activity that began on October 1, 1987. For purposes of this section, an "eligible higher education entity" means any campus of the California State University or of any community college district that is located within the disaster area proclaimed by the Governor, as a result of the October 1, 1987, earthquake and aftershocks. Moneys appropriated to the 1987 Higher Education Earthquake Account shall be used for the following purposes: (1) To reimburse eligible higher education entities for personnel overtime costs and for supplies used for disaster assistance programs, including the cost of administering these assistance programs. (2) To provide for the repair, cleanup, and reconstruction of damaged public facilities. (3) To provide matching funds required under federal disaster assistance programs. (4) Funds up to five hundred thousand dollars ($500,000) from the amount allocated to the account may be used for the purposes described in Section 8683 and also to provide administrative support required for the rapid and effective implementation of the disaster assistance program authorized by this subdivision. (5) To provide other assistance as the director deems necessary to carry out this section. (b) In order to qualify for funding under this section, the California State University and any eligible community college district shall undertake to utilize maximum federal participation in funding projects, and no funds allocated under this section shall be used to supplant federal funds otherwise available in the absence of state financial relief. (c) The Office of Emergency Services shall establish standards and instructions for the receipt of applications from, and the processing of claims by, eligible higher education entities within 30 days of the operative date of this section, as added by the 1987-88 First Extraordinary Session of the Legislature. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, these standards, if promulgated, shall not be subject to the review and approval of the Office of Administrative Law. (d) Under the standards and procedures to be prescribed by the Office of Emergency Services, a higher education entity may receive an advance of funds for approved costs. These advances shall not exceed 90 percent of the amount approved for allocation to the eligible local agency. (e) Funds provided pursuant to the requirement of this section may be audited by the Controller. (f) Any unused funds shall revert to the Disaster Response-Emergency Operations Account. SEC. 16. Section 8871.5 of the Government Code is amended to read: 8871.5. The disastrous effects and after effects of the Mexico City earthquake of September 19, 1985, have increased the urgency for development of local plans to provide authority and procedures for orderly transition from emergency disaster response operations to short- and long-range efforts toward reestablishment of governmental services, private business activity, and reconstruction and rehabilitation. In furtherance of that purpose, the commission shall enter into a grant agreement with a local agency situated in a high earthquake-hazard area for development of a program model for use by local agencies and the state which will address at least, but need not be limited to, the following elements: (a) Establishment of a coordinating body within the jurisdiction to assess the various impacts of the disaster, recommend appropriate legislative, administrative, and private actions, and monitor implementation efforts. (b) Creation of an information-gathering mechanism to provide the basis for evaluation, prioritization, and implementation. (c) Procedures for coordination and orderly transition from disaster response to reconstruction and rehabilitation. (d) Identification, delineation, and preparation of legislation, both statutory and local, necessary to provide authority on a preevent basis for postevent activity to accomplish the purposes of this program. (e) Integration and coordination with this chapter, the California Emergency Services Act (Chapter 7 (commencing with Section 8550)), the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680)), the Economic Disaster Act of 1984 (Chapter 7.6 (commencing with Section 8695)), the Planning and Zoning Law (Title 7 (commencing with Section 65000)), the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), and the Community Development Financial Assistance and Disaster Project Law (Part 1.5 (commencing with Section 34000) of Division 24 of the Health and Safety Code). (f) Identification of those components of the local program which may serve as a program model for disasters other than those caused by earthquake. SEC. 17. Section 8878.125 of the Government Code is amended to read: 8878.125. (a) The proceeds from the sale of the bonds pursuant to this chapter shall not replace or supplant funds available from the Federal Emergency Management Agency (FEMA). If funds are received from FEMA for costs applied for under this chapter, then proceeds from the fund shall not be allocated, or if already allocated, then the fund shall be reimbursed for any ineligible amount. (b) No allocations shall be made from the fund for local buildings or facilities that qualified for state or federal assistance under the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680)) for retrofitting, reconstruction, repair, replacement, or relocation of structures damaged by a disaster until the Office of Emergency Services determines either: (1) that reasonable efforts have been made to secure other state and federal funds, or (2) that the other sources of funding are insufficient to make the necessary seismic improvements. Similarly, no allocations from the fund shall be made for state buildings or facilities unless the Department of Finance determines either: (1) the responsible agency has made reasonable efforts to secure other state and federal funds, or (2) that the other sources of funding are insufficient to correct state buildings or facilities that are seismically unsafe or suffer from other safety deficiencies. SEC. 18. Section 93005 of the Government Code is amended to read: 93005. The authority is a local agency for purposes of the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2). SEC. 19. Section 128 of the Water Code is amended to read: 128. (a) In times of extraordinary stress and of disaster, resulting from storms and floods, or where damage to watershed lands by forest fires has created an imminent threat of floods and damage by water, mud, or debris upon the occurrence of storms, the department may perform any work required or take any remedial measures necessary to avert, alleviate, repair, or restore damage or destruction to property having a general public and state interest and to protect the health, safety, convenience, and welfare of the general public of the state. In carrying out that work, the department may perform the work itself or through or in cooperation with any other state department or agency, the federal government, or any political subdivision, city, or district. (b) This section is intended to supplement the emergency services of the state, and nothing in this section overrides or supersedes the authority of the Director of the Office of Emergency Services to coordinate and supervise state action, upon a declaration of a state of emergency, under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of that division). SEC. 20. Section 12994 of the Water Code is amended to read: 12994. (a) The Legislature finds and declares all of the following: (1) The CALFED Bay-Delta Program has identified as a core action the need for emergency levee management planning for delta levees to improve system reliability. (2) Even with active levee maintenance, the threat of delta levee failures from earthquake, flood, or poor levee foundation, will continue to exist. (3) Because of this threat of failure, and the potential need to mobilize people and equipment in an emergency to protect delta levees and public benefits, the department needs authority that will enable it to act quickly. (b) The department may do all of the following: (1) In an emergency, as defined by Section 21060.3 of the Public Resources Code, that requires immediate levee work to protect public benefits in the delta, the department may use funds pursuant to this part without prior approval of a plan by the board or the Department of Fish and Game, in which case the requirements of Sections 12987 and 12314, and the memorandum of understanding pursuant to Section 12307, shall be carried out as soon as possible. (A) The amount of funds that may be expended each year on emergency levee work under this section shall not be greater than two hundred thousand dollars ($200,000) and the amount that may be expended per emergency levee site shall not be greater than fifty thousand dollars ($50,000). The local agency shall fund 25 percent of the total costs of the emergency repair at a site or shall fund an appropriate share of the costs as approved by the board and based upon information of the local agency's ability to pay for the repairs. (B) Department contracts executed for emergency levee work under this section shall be exempted from Department of General Services approval required under the Public Contract Code. (C) As soon a feasible after the emergency repair, the department shall submit a report to the board describing the levee work, costs incurred, and plans for future work at the site, including any necessary mitigation. (D) This section is intended to supplement emergency services provided by the state or the United States. Nothing in this section overrides or supersedes the authority of the Director of the Office of Emergency Services under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2 of the Government Code). (2) Prepare and submit to the board for adoption a delta emergency response plan for levee failures. The plan is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The plan may include recommendations of the multiagency response team established pursuant to paragraph (3) and may include, but not be limited to, the following: (A) Standardized contracts for emergency levee work to be executed by the department, local agencies, or other appropriate entities. (B) Criteria for eligible emergency levee work. (C) Definition of an emergency levee site. (D) Documentation requirements. (E) Proposals for complying with the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) in an emergency. (F) Stages of emergency response that may occur in various situations. (3) Establish a multiagency emergency response team, consisting of representatives from the department, the board, the Department of Fish and Game, the California Conservation Corps, the Office of Emergency Services, the Federal Emergency Management Agency, the United States Army Corps of Engineers, and the United States Fish and Wildlife Service to advise on methods to ensure that levee emergencies will be resolved as quickly and safely as possible.