Governor signs landmark flood protection package

Bills provides better planning, higher standards for flood protection

SACRAMENTO- Early today at a ceremony in Sacramento , Governor Arnold Schwarzenegger signed a landmark package of legislation to strengthen flood protection in California , including two bills by Assemblywoman Lois Wolk (D-Davis).

“This is truly an important day for the future of our region,” said Wolk. “The Governor’s signature on these bills sets California on a new course toward protecting its citizens from flood disasters, especially those in the Sacramento-San Joaquin Delta region. This package is the 21st Century solution to the 21st Century challenges facing this state.  It is balanced, and puts responsible planning principles at the forefront, while still allowing for new housing when adequate flood protection is in place.”

The lynchpin of the package of flood protection measures is SB5/AB5 by Senator Mike Machado (D-Linden) and Wolk, legislation that establishes a comprehensive set of policies that coordinate state and local efforts to connect land-use decisions and flood management planning. Wolk began working on this legislation 3 years ago, introducing the first bill to restrict development in the floodplain.

Together, SB5/AB5:

• Requires the state to develop a plan for flood protection by 2012;
• Once the state plan takes effect, prohibits cities and counties in the Central Valley from entering into development agreements, approving permits, entitlements or subdivision maps in a flood zone unless there is an appropriate level of flood protection or the local flood management agency has determined that adequate progress towards that flood protection has been made;
• Once the plan takes effect, requires 200-year flood protection for proposed projects in urban and urbanizing areas (10,000 residents or more);
• Authorizes cities and counties to develop and adopt local plans of flood protection that include a strategy to meet 200-year level of flood protection, an emergency response plan, and a long-term funding strategy for improvement, maintenance and operation of flood protection facilities; and
• Requires Department of Water Resources (DWR) to provide cities and counties within the Central Valley with preliminary floodplain maps by 2008.

The second land-use bill in the package is Wolk’s 162, which requires cities and counties in California 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 third, SB 17 by Senator Dean Florez (D-Shafter), renames the State Reclamation Board to the Central Valley Flood Protection Board and strengthens the panel by revising its responsibilities and better enabling the board to provide independent governance and oversight over the state’s flood protection efforts.

The package of flood protection bills also includes AB 156 by Assembly Member John Laird (D-Santa Cruz), which directs the Department of Water Resources and the State Reclamation Board to perform a number of duties integral to the state flood protection plan under SB 5. Among those responsibilities: AB 156 requires the state to develop and maintain floodplain maps, inspect state project levees, and notify landowners if their property is determined to be at risk of flooding.

Another bill in the package, AB 70 by Assembly Member Dave Jones (D-Sacramento), provides a fair means of distributing responsibility for flood control damage among state and local entities. Specifically, the bill requires local governments to contribute their fair share to a flood's price tag when—and only when—they make unreasonable development decisions.

“I want to thank the Governor, and especially his Director of Water Resources, Lester Snow, as well as his Deputy Les Harder, and my fellow authors, all of whom played major roles,” Wolk said. “We worked diligently with the administration to produce this package, bringing environmentalists and builders together to stand behind these reforms.  Everyone came to realize that the status quo was unacceptable.  Business as usual wasn’t working—and delaying action was no longer an option. This package moves us forward.”