BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1165|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1165
Author: Yamada (D)
Amended: 8/17/09 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 11-0, 6/23/09
AYES: Pavley, Cogdill, Benoit, Hollingsworth, Huff, Kehoe,
Leno, Padilla, Simitian, Wiggins, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/28/09 - See last page for vote
SUBJECT : Flood protection
SOURCE : California Central Valley Flood Control
Association
DIGEST : This bill makes technical and clarifying
amendments to a variety of flood management bills passed
two years ago. Specifically, this bill (1) authorizes the
Central Valley Flood Control Board (Board) to find a local
flood management agency is making adequate progress in
working toward the completion of the flood protection
system, as specified,; (2).clarifies when issuance of a
permit requires an evidentiary hearing by the Board; (3)
changes Board ex parte communications requirements; (4)
authorizes the issuance of cease and desist orders by the
Board and civil liability for a person or public agency
that undertakes an encroachment or violates other specified
CONTINUED
AB 1165
Page
2
requirements relating to encroachments; (5) clarifies state
liability for Central Valley flood control facilities; and
(6) makes technical, non-substantive changes.
ANALYSIS :
Existing law prohibits the legislative body of a city or
county within the Sacramento-San Joaquin Valley, after the
adoption of specified amendments to the applicable general
plan or zoning ordinance, from entering into a development
agreement for property that is located within a flood
hazard zone, unless the legislative body makes one of
several possible determinations, one of which is a
determination that the local flood management agency has
made adequate progress on the construction of a flood
protection system. Existing law, after the adoption of
those amendments, also conditions the approval of a
discretionary entitlement or ministerial permit that would
result in the construction of a new residence for a project
that is located within a flood hazard zone, and the
approval of a tentative map, or a parcel map as specified,
for a subdivision that is located within a flood hazard
zone, upon the legislative body making one of several
possible determinations, one of which is a determination
that the local flood management agency has made adequate
progress on the construction of a flood protection system.
Existing law defines "adequate progress" to mean, among
other things, that the revenues sufficient to fund each
year of the project schedule for the flood protection
system have been identified, and that at least 90 percent
of the revenues scheduled to have been received in any
given year have been appropriated and are being expended.
This bill, for the purpose of those provisions, authorizes
the Central Valley Flood Protection Board (board) to find
that 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.
Under existing law, the Department of Water Resources
performs various flood management activities throughout the
state, and the board engages in flood management activities
AB 1165
Page
3
along the Sacramento River and San Joaquin River, their
tributaries, and related areas. Existing law establishes
the Sacramento and San Joaquin Drainage District under the
administration of the board for the purposes of carrying
out specified flood management activities within the
boundaries of the district. Existing law requires the
board, in any evidentiary hearing, to consider various
matters, including the effects of a proposed action on the
State Plan of Flood Control, as defined.
This bill revises the definition of the State Plan of Flood
Control for these and other purposes.
Existing law provides that a majority of the board
constitutes a quorum and declares that no board action is
effective unless the action is concurred in by a majority
of the board members.
This bill, instead, provides that a majority of the voting
members of the board constitutes a quorum and would declare
that no board action is effective unless a quorum is
present and the action is concurred in by a majority of all
of the voting members of the board.
Under existing law, any meeting of the board, at its
office, when all of the members are present, is a legal
meeting at which any business may be transacted.
This bill repeals that provision.
Existing law prohibits a board member or any person or
organization with an interest in board decisions, or any
person representing a person or organization with an
interest in board decisions who intends to influence the
decision of a board member on a matter before the board,
from conducting an ex parte communication, as defined.
This bill revises the definition of the term "ex parte
communication" to mean any oral or written communication
outside of a noticed board meeting concerning specified
matters. The bill prohibits a board member appointed by
the Governor from participating in an ex parte
communication with any person or organization with an
interest in board decisions, or any person representing a
AB 1165
Page
4
person or organization with an interest in board decisions
who intends to influence the decision of a board member on
a matter before the board.
Existing law requires the board to hold an evidentiary
hearing for any matter that requires the issuance of a
permit.
This bill requires the 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 that permit has been lodged. The bill authorizes
the board to, by regulation, define types of encroachments
that will not significantly affect any element of the State
Plan of Flood Control. The bill authorizes the board to
delegate the approval of permits for those encroachments to
the executive officer.
Existing law requires the board to make a specified finding
regarding the impact of an encroachment on public safety
before taking action to modify an encroachment on levees,
channels, or other flood control works.
This bill authorizes the board to delegate to the executive
officer the authority to take action to remove or modify
the encroachment. The bill authorizes the board, and the
executive officer if delegated that authority, to issue an
order directing a person or public agency to cease and
desist from undertaking, or threatening to undertake, an
activity that may encroach on levees, channels, or other
flood control works under the jurisdiction of the board.
The board, and the executive officer if delegated that
authority, would be granted authority to issue an order
directing a person or public agency to cease and desist
from undertaking, or threatening to undertake, an activity
that requires a permit from the board without securing a
permit or an activity that is inconsistent with a permit
issued by the board. The bill authorizes the imposition of
civil liability on a person or public agency that
undertakes an encroachment or commits other action in
violation of specified requirements relating to
encroachments to provisions relating to the board.
AB 1165
Page
5
Existing law provides for state cooperation with the
federal government in the construction of specified flood
control projects.
This bill, with a certain exception, provides that
specified provisions of law that authorize financial
assistance to flood control projects in the Sacramento-San
Joaquin Watersheds shall not be construed to expand the
liability of the state for the operation and maintenance of
any flood management facility that is outside the scope of
a designated state plan of flood control.
The bill makes various technical corrections.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/19/09)
California Central Valley Flood Control Association
(source)
Association of California Water Agencies
ARGUMENTS IN SUPPORT : According to the Association of
California Water Agencies, "AB 1165 is a necessary clean-up
measure for the comprehensive 2007 flood legislation. The
amendments clarify that nothing in the bill expands the
liability of the State with regard to Central Valley flood
control facilities unless the Department of Water Resources
has identified the facility as part of the State Plan for
Flood Control, the state has accepted transfer of liability
from the federal government, or if the facility has been
incorporated into the state Plan by the Board."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
AB 1165
Page
6
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
CTW:RJG:do 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****