Wolk bills for smart flood protection and land-use planning move to Senate

Bills strengthen flood protection planning, standards and incentives

SACRAMENTO –The State Assembly today approved critical legislation by Assemblywoman Lois Wolk (D-Davis) to connect land use and flood management decisions, the last in a package of flood protection bills by Wolk to pass from the Assembly this week.   

The package’s flagship legislation, Assembly Bill 5 establishes incentives for local governments who adopt flood protection plans before approving new developments. The bill, which also requires minimum flood protection standards for flood-prone areas, passed with 45 votes.

“The Assembly did the right thing today,” said Wolk, who championed efforts last session to pass meaningful flood protection legislation.   “AB 5 is part of ongoing discussions involving the Senate, Assembly, and the Governor, and works to protect the lives and property of those who live or will live in the deep floodplains of the Central Valley. The bill will also help protect taxpayers’ dollars and the tax-funded programs they care about, all of which are unavoidably tied to flood protection by current law.”

Wolk’s other flood protection bills, AB 162 and AB 1452, both passed from the Assembly yesterday. Together with the new policies established by AB 5, the bills work to improve flood protection requirements and planning throughout California:

• AB 162 requires cities and counties to incorporate flood hazards in their general plans in order to minimize risk in flood-prone areas, just as local governments are required under current law to consider the risk posed in areas prone to fire and earthquake. The bill is supported by groups including the California Central Valley Flood Control Association, American Planning Association, Regional Council of Rural Counties, the League of California Cities, the Planning and Conservation League, and the East Bay Municipal Utility District.                                           

• AB 1452 sets immediate priorities and criteria for the best use of the nearly $5 billion flood bond approved by voters in November 2006—giving top priority to emergency repairs for our failing levees and rewarding those who implement smart flood protection policies. The bill is supported by the American Federation of State, County and Municipal Employees, Natural Resources Defense Council, Nature Conservancy.

“Floods are the most common natural disaster in the country and, like it or not, the courts have ruled that the state is financially responsible for the poor planning decisions of local governments. Yet many community plans fail to address flood risk,” said Wolk.

“My bills work to ensure that the over $4 billion in bond funds approved by voters last November are spent wisely. The expenditure of these bond funds must be connected with smart land-use planning and flood protection requirements.  Without addressing these issues, we risk throwing good money after bad.  Homes will continue to be built in areas at high risk of flooding, with no protections in place. Every year we delay thousands more are put at risk.”

AB 5 is supported by a number of groups including the Planning and Conservation League, the American Federation of State, County and Municipal Employees, East Bay Municipal Utility District, Natural Resources Defense Council, Friends of the River, the City of Sacramento, American Planning Association, and Gray Panthers.  

AB 5, AB 162, and AB 1452 will next be heard in the State Senate.  

Some facts on flooding in California:

• Approximately 40 percent of nation's catastrophic flood risk is in California.

• With 100-year flood protection, homeowners have a 30 percent chance of being flooded before their mortgage is paid off.  Their risk of flooding is higher than their risk of fire, developing cancer, or being in a fatal car crash.

• Over 100,000 new homes have been proposed within the deep hazard floodplains in California's Central Valley.