BILL ANALYSIS
AB 1165
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CONCURRENCE IN SENATE AMENDMENTS
AB 1165 (Yamada)
As Amended August 17, 2009
Majority vote
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|ASSEMBLY: |76-0 |(May 28, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: W., P. & W.
SUMMARY : Makes various corrections and addresses certain issues
arising out of the comprehensive 2007 flood legislation package.
The Senate amendments clarified provisions regarding Central
Valley Flood Protection Board (Board) action and state liability
for Central Valley levees.
1)Require a majority of the entire Board, not just those
present, to take an action.
2)Add "construction" to the list of levee activities for which
the State is not liable unless the State takes certain
actions.
3)Clarify legislative findings regarding the history of the
State Plan of Flood Control.
EXISTING LAW makes the Board and the Department of Water
Resources (DWR) responsible for Central Valley flood protection.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Senate Appropriations Committee Chair reported
this bill to the floor due to insignificant costs, pursuant to
Senate Rule 28.8.
COMMENTS : AB 1165 is a relatively simple "clean-up" bill for
the 2007 flood legislation package. The current version makes
various technical amendments to the legislation. The bill's
substantive amendments focus primarily on the legislation that
reformed the Board, which was formerly known as the "Reclamation
AB 1165
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Board." The key board issues relate to ex parte communications
and requirements for evidentiary hearings. Last session a
similar bill, SB 1360 (Machado) was introduced and was vetoed by
the Governor. AB 1165 does not include the two provisions that
prompted the Governor's veto - relating to conflict of interest
requirements and the terms of the current Flood Protection Board
members.
Senate amendments focused on the part of the bill that limits
State liability for Central Valley flood facilities that are not
part of the State Plan of Flood Control. This section
originated in AB 74 (Chesbro), pending in the Senate, which
authorized state funding for local levee projects in the Central
Valley that are independent of the state-federal flood control
project, now entitled the "State Plan of Flood Control." AB 74
revealed ambiguities of existing law on liability for these
non-state flood facilities. This bill addresses those
ambiguities. State and local agency lawyers carefully reviewed
and proposed amendments to this section, which the author
accepted in the Senate.
Analysis Prepared by : Alf W. Brandt/ W., P. & W. / (916)
319-2096 FN:
0002362