A daily compilation for DWR personnel of significant news articles and comment
September 7, 2007
1. Top Items
Assembly approves two flood-related bills; They pass with little or no GOP support, head to the Senate - Sacramento
Lawmakers agree to flood control steps for Central Valley - Associated Press
Editorial: Flood protection that doesn't protect enough -
Assembly approves two flood-related bills; They pass with little or no GOP support, head to the Senate
Sacramento
By Jim Sanders, staff writer
Flagship legislation in a package of flood-related bills meant to protect the
Assemblywoman Lois Wolk, D-Davis, said the five-bill package would "chart a new course providing smart-growth protection strategies for the 21st century."
The Assembly approved the package's linchpin, Senate Bill 5, by a vote of 47-28, with most Republicans voting no. A companion measure, Senate Bill 17, passed the Assembly by a nearly identical tally, 46-29, with no GOP support. Both measures now go to the Senate.
The goal of the five-bill package is to curtail risk in the
"Two years after (Hurricane)
Under SB 5, development would be banned after 2015 in flood-prone areas of the
Between 2008 and 2015, the bill imposes no immediate development restrictions, but it requires that updated flood maps be given to cities and counties, which would have to incorporate them into their general plans and zoning ordinances.
The practical effect is that local governments would opt not to approve significant construction on land susceptible to inundation, said Sen. Mike Machado, a Linden Democrat who is teaming with Wolk in proposing SB 5.
Assemblyman Dave Jones, D-Sacramento, applauded SB 5 but said tougher restrictions are needed during the eight-year period before mandatory restrictions take effect.
Republicans complained that SB 5 was significantly amended this week, then pushed to the Assembly floor without a public hearing, a committee vote, or adequate scrutiny to avoid unintended consequences.
"I think, frankly, we're doing our citizens a disservice," said Assemblyman Chuck DeVore, R-Irvine.
The other flood bill passed Thursday, SB 17, would rename the state Reclamation Board and expand its membership from seven to nine by adding two legislative appointees. SB 17 is expected to be amended today to stipulate that the leaders of the Assembly and Senate water committees would serve as the two newcomers, and that they would be non-voting members.
The Senate is expected to vote on the other three bills in the package today. #
http://www.sacbee.com/111/story/365306.html
Lawmakers agree to flood control steps for Central Valley
Associated Press – 9/6/07
By Samantha Young, staff writer
"Two years after
The Assembly approved two flood bills in what Democrats portrayed as a larger compromise package hammered out this week between the Senate and Assembly to enhance flood safety.
The first bill—co-authored by Wolk and Sen. Mike Machado, D-Linden—would restrict development for the next eight years in areas that lack 100-year flood protection in the
For neighborhoods that are already built, communities would have until 2025 to strengthen its levees to 200-year flood protection, meaning the chance of a flood occurring in any given year was 0.5 percent.
Lawmakers sent the bill to the Senate on a 47-28 vote after a bitter debate where Republicans complained they had been left out of the closed-door negotiating process.
"This is an important issue and it deserves our attention," said Joel Anderson, R-La Mesa. "I feel like we've ramrod this thing through."
The flood package—a compilation of five bills that also have to be passed by the Senate—would require that cities and counties incorporate flood protections into zoning laws, forcing them to make land-use decisions based on flood danger like they currently do with earthquake and fire risks, said Machado, who helped craft the compromise with Wolk after a year of debate.
The bills require the state Department of Water Resources to develop maps warning communities of the areas with the greatest risk, and new construction requirements for buildings in flood-prone areas. The state would also notify property owners within danger areas.
Communities could continue building in flood danger areas so long as they demonstrate that they are making reasonable year-to-year progress in strengthening levees to the 200-year standard. Their annual progress would be gauged by a new nine-member Central Valley Flood Protection Board that would replace the current much-criticized seven-member state Board of Reclamation. The Board of Reclamation changes were sought by Sen. Dean Florez, D-Shafter, whose bill would add two new representatives appointed by legislative leaders to the governor-appointed board. The Assembly approved that bill by a 46-29 vote.
Cities and counties would also share lawsuit liability with the state under certain conditions if they permit construction in danger areas that later flood.
In a rare show of support, the building industry, League of California Cities and some environmental groups support the compromise, lawmakers said.
"When does the building industry agree with environmentalists on anything short of the flag salute?" asked Assemblyman John Laird, D-Santa Cruz. #
http://www.mercurynews.com/breakingnews/ci_6822526
Editorial: Flood protection that doesn't protect enough
The California Building Industry Association, determined to keep constructing homes in floodplains behind substandard levees, has triumphed again. Because of the CBIA's clout, the Assembly yesterday approved a flood control bill that, while strong in many respects, does little to stop the spread of lives and property into dangerous flood zones over the next eight years.
The bill, Senate Bill 5 by Sen. Mike Machado, D-Linden, and Assemblywoman Lois Wolk, , D-Davis, is a classic work of compromise. It has been worked over and over in order to receive the threshold of support needed for passage. And while it is an improvement over the status quo - with cities blithely adding homes to floodplains with little awareness about flood risks or planning - it isn't as protective as the situation demands and Californians deserve.
Here's how the bill would work:
By 2008, the Department of Water Resources would be required to deliver updated flood maps to cities and counties, based on the latest geotechnical surveys. This is a strong point of the bill. No longer could local governments justify their development decisions on outdated maps that overstate the integrity of local levees.
By 2012, DWR would be required to develop an updated Central Valley Flood Protection Plan. This also is a strong point. At last the state will have a strategic vision for upgrading levees and enhancing them with new bypasses and wider flood channels.
Local governments would then have three years to update their zoning ordinances. After that, they could continue building in a floodplain only if they demonstrated they had 200-year flood protection, or had funding and construction under way to meet that standard by 2025.
This approach has strengths and shortcomings. On the plus side, it tells local governments: If you want to urbanize in the floodplain, you have to help pay for it and plan for a high level of protection.
Also important is an adjoining bill by Sen. Dean Florez, D-Shafter, which would reform the state Reclamation Board and make it more of a force in ensuring that state, local and federal agencies carry out their responsibilities.
On the downside, the measure does little to prevent cities and counties from adding new homes to floodplains until the year 2015. That means that the state's potential legal exposure for flood damages could continue to skyrocket, with more lives and property put needlessly at risk.
Asked why he didn't seek building restrictions prior to 2015, Machado said yesterday he wanted to create a "transition period" for local governments that didn't upset their economic development plans.
That sounds reasonable, but not if you examine the underlying assumptions of those economic development blueprints. For decades,
While it is too late to fix SB 5, lawmakers could strengthen it by passing Assembly Bill 70. This bill by Dave Jones, D-Sacramento, would require local governments to share liability with the state for new building in the floodplain. Such shared risk could well dampen the enthusiasm of local officials to put more homes in harm's way, even against the relentless pressure of builders and land speculators. #
http://www.sacbee.com/110/story/364788.html
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