BILL ANALYSIS
AB 1165
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1165 (Yamada) - As Amended: May 14, 2009
Policy Committee: WPW Vote:13-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill makes several corrections and clarifications to
provisions enacted last year governing the Central Valley Flood
Protection Board and the state's plan for flood control.
Specifically, this bill:
1)Authorizes the Central Valley Flood Protection Board to find
the local flood management agency is making adequate progress
in working toward the completion of the flood protection
system for any year in which state funding is not appropriated
consistent, with an agreement between a state agency and the
local flood management agency.
2)Requires the Flood Protection Board to create, adopt and make
public a map of the Sacramento San Joaquin Drainage District.
3)Requires the Flood Protection Board to hold an evidentiary
hearing for any matter that requires the issuance of a permit
if the proposed work may significantly affect any element of
the State Plan of Flood Control or if a formal protest against
a permit has been lodged.
4)Authorizes the Flood Protection Board to define types of
encroachments that will not significantly affect any element
of the State Plan of Flood Control, and authorizes the Flood
Protection Board to delegate approval of permits for those
encroachments to the executive officer.
5)Authorizes the Flood Protection Board to delegate to the
executive officer the authority to take action to remove or
modify an encroachment, and authorizes the Flood Protection
Board or executive officer to issue a cease and desist order
AB 1165
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to prevent action or threatened action, as specified.
6)Establishes civil liability when a person or public agency
violates specified requirements relating to encroachments.
FISCAL EFFECT
1)Minor GF costs, if any, to the Department of Water Resources
(DWR) and to the board resulting from these corrections and
clarifications.
2)Minor one-time GF costs, if any, to DWR to prepare a map of
the Sacramento and San Joaquin Drainage District.
COMMENTS
1)Rationale . This bill is a cleanup measure to correct and
clarify several provisions contained in four bills that
constituted 2007's legislative flood protection package.
2)Flood Protection Package . In 2007, the Legislature enacted
four measures designed to improve oversight of flood
protection in the Central Valley, as follows:
a) AB 5 (Wolk) and SB 17 (Florez) renamed the Reclamation
Board as the Central Valley Flood Protection Board,
increased its membership, and enhanced conflict of interest
provisions applicable to board members.
b) AB 156 (Laird) enhanced information and planning related
to Central Valley flood protection and the management of
the system by the board, DWR, and local agencies.
c) SB 5 (Machado) requires DWR and the board to prepare a
Central Valley Flood Protection Plan and established flood
protection requirements applicable to local land use
decisions.
3)Related Legislation. SB 1360 (Machado, 2008) was similar to
this bill and was vetoed. AB 1165 does not include the two
provisions from AB 1360 that relate to conflict of interest
requirements and the terms of the current Flood Protection
Board members; those provisions prompted the veto.
AB 1165
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Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081