(Sacramento) – This morning, Assemblymember Dave Jones’ (D- Sacramento) AB 70 was signed into law by Governor Arnold Schwarzenegger.  AB 70 is one of the bills in the Legislature’s flood control package that was signed at the Governor’s bill signing ceremony earlier today.  The flood control bills were signed at Shorebird Park in Sacramento, which overlooks the Sacramento River.  AB 70 requires local governments, under certain circumstances, to share liability for flood-related damages with the state.

Jones' bill calls on local governments to contribute their fair share of the increased cost of flood damages when they unreasonably approve new residential or commercial developments on undeveloped land behind state levees.  Under current law, the state is liable for all property damage caused by the failure of a state levee – a potentially huge cost to the state budget.  The problem is that the state has complete liability, but no control over what is built behind the levees.  But under the new law, if a state levee should fail during a flood, cities and counties will now have to pay a portion of the damages if they have unreasonably approved new developments.  The new law does not absolve the state of its liability for failing to properly maintain state levees, but only requires local governments to absorb part of the cost if it is determined that they increased damages by approving new developments without adequately considering flood risks or taking feasible steps to mitigate potential damages.

"We live in the most flood-prone region of the country," Jones said. "The Governor's signature today will encourage local governments to think twice and to make better decisions about whether or not to locate more people in harms way," Jones added.  "Local governments reap the financial benefits of new development in floodplains; it is only fair that they share in the costs."