Key flood protection legislation passes Assembly

Legislation would ensure local agencies consider flood risk before building in flood-prone regions

Assembly Bill 802, which passed on a 41-34 vote, addresses the land-use component critical to flood protection left unaddressed by other proposals. The bill, a key component to a package of flood protection legislation unveiled by the Assembly yesterday, would implement requirements for flood-plain planning to address the risk to life and property from flooding—similar to requirements for areas prone to earthquakes and/or fire hazards.

“Current law is clear and concise with planning requirements for areas prone to earthquakes and/or fire hazards, yet is silent on specific requirements for flood plains,” said Assemblywoman Wolk. “Why is flooding less of a hazard than earthquakes or fire? For more than 35 years we have required restrictive planning within fault zones. The time has come to upgrade the standard of planning within flood plains. This bill is a straightforward and necessary step towards protecting our communities. It requires local governments to make informed land-use decisions.

“While we are evaluating billions of dollars in bond funds to better protect Californians, we cannot ignore land use and planning and say this is just a money issue. This problem can’t be solved with money alone. It also requires better planning.”

Other members spoke in favor of the bill, including John Laird (D-Santa Cruz), who said, “The Northern Valley was once a lake, and it will be a lake again if we do not reinforce the levees, if we do not plan adequately, if we do not map. Every city and county has to prepare a general plan now, that’s going to happen if this bill passes or not. The question is: will it be good planning.”

Dave Jones (D-Sacramento) also spoke on the importance of planning, saying, “We can’t put people in harm’s way.”

In related news, U.S. Senator Dianne Feinstein (D-Calif.) issued a press release today welcoming yesterday’s announcement by Assembly Members Wolk, Jones, Laird, Pedro Nava (D-Santa Barbara), and California State Assembly Speaker Fabian Núñez of a flood protection package proposal, pledging “to work with the State Legislature and the Governor to reach a bipartisan solution to the issue.”

AB 802, part of that legislative package, now moves to the State Senate.