A daily compilation for DWR personnel of significant news articles and comment
October 11, 2007
1. Top Items
Governor signs six bills to provide flood safety - Sacramento Bee
Governor approves flood-control bills; Legislation strengthens levees, requires cities to plan more carefully - Contra Costa Times
Flood-control bills OK'd; Governor signs six that could mean millions for S.J. levees -
Protection at last; Wolk's, Machado's flood bills signed into law - Woodland Daily Democrat
Levee laws could stem growth; Restrictions won’t affect local areas, some officials say - Marysville Appeal Democrat
California tightens flood plain development laws; Will reform state Reclamation Board; New standards for urban development - Central Valley Business News
Governor Signs Flood-Control Bills - KTVU Channel 2 (Bay Area)
Governor Signs Off On Levee Plan; New Legislation Includes Restrictions On Building In Flood Plains - KCRA My 58 (Sacramento
Editorial: Before the flood; Governor signs wise planning bills - San Francisco Chronicle
Governor signs six bills to provide flood safety
By Kevin Yamamura, staff writer
Sealing a compromise between environmentalists and builders, Gov. Arnold Schwarzenegger signed legislation Wednesday to phase in growth restrictions in flood-prone areas throughout the
The Republican governor approved six bills designed to force cities and counties to consider flood risks in the planning process without imposing a strict moratorium, a previous sticking point for builders.
Under Senate Bill 5 by Sen. Mike Machado, D-Linden, the state must establish a
Local Democratic lawmakers for the past three years sought to impede new construction on flood-prone land, particularly in the Central Valley where flood fears spiked after Hurricane Katrina struck
But environmentalists, builders, Democrats and the governor reached a late-session accord last month that imposes new flood restrictions in stages. The governor held Wednesday's bill-signing ceremony at
"Floodplain development is another one of those issues that has not gotten the attention it deserves," Schwarzenegger said. "For years nothing got done because growth and safety concerns were always at odds. Now we have the support of the builders and local governments and also the water agencies in the state."
The governor framed the legislation as a follow-up to the $4.1 billion flood control bond approved by voters in 2006.
Assemblywoman Lois Wolk, D-Davis, last year proposed strict legislation requiring cities to have 100-year flood protection before approving developments, meaning that levees and other forms of defense have no greater than a 1 percent chance of yielding to floodwaters in a given year.
That bill would have been more immediate than the compromise in SB 5 signed Wednesday, but it failed in the Legislature.
Wolk, who was central to this year's agreement, said she would have preferred her 2006 proposal though she was satisfied with the package signed by Schwarzenegger.
"Politics is the art of the possible," Wolk said. "We introduced a bill that said no construction without protection, and even that was not successful. So we had to step back and try to come at it with a different perspective."
Nick Cammarota, general counsel with the California Building Industry Association, said his group changed course on SB 5 after opposing previous bills because the new legislation gives cities and counties time to obtain flood data from the state and adjust their planning procedures.
"It provided the needed information and didn't institute a moratorium, so it gave us an opportunity to say we're part of the solution," Cammarota said.
While cities and counties have until 2015 before they impose 200-year flood protection requirements on builders, the governor signed Assembly Bill 70 by Assemblyman Dave Jones, D-Sacramento, to hold local governments financially liable if they "unreasonably" approve new development. The state, not local government, is currently responsible for flood-related damages.
Jones said his bill would force local officials to consider flood risks as part of their planning process until they face the 200-year threshold in SB 5.
"We need to make sure that as cities and counties are making decisions to approve new development, they understand that they have some skin in the game," Jones said.
The League of California Cities opposed that bill, as did
The governor also signed AB 162 by Wolk, which will require local governments to include flood risks in their general plans.
Another bill, AB 156 by Assemblyman John Laird, D-Santa Cruz, requires the state to prepare maps of
Jonas Minton, water policy adviser with the Planning and Conservation League, praised the governor and legislators for reaching agreement on a flood control package.
"We think this package is a major step forward, although it does not immediately provide all the protection flood professionals think is appropriate," Minton said.
Assemblyman Roger Niello, R-Fair Oaks, opposed the flood package in the Legislature, which he said was rushed through the final days of the session.
"It doesn't do anything for people who have already built houses and secondly, it imposes too much control on local government," Niello said Wednesday.
Sen. Dean Florez, D-Shafter, was noticeably absent from Wednesday's ceremony where Schwarzenegger signed Florez's SB 17. They have been at odds, most recently last month when the senator accused Schwarzenegger of improperly steering a state contract toward General Motors because of a personal connection. The Governor's Office has denied the claim.
"My colleagues were wondering where I was, and I said I wasn't invited," Florez said by phone. "We didn't get a call or an e-mail. ... Not being invited was kind of petty, I think."
SB 17 could be interpreted as a jab at the governor. The proposal sets new professional criteria for members of the state Reclamation Board, requires Senate confirmation of appointees and changes the panel's title.
Florez said he pursued the proposal after Schwarzenegger in 2005 ousted seven sitting Reclamation Board members who questioned the viability of development near levees.
AB 5 by Wolk makes technical changes to three of the other flood control bills. #
http://www.sacbee.com/111/story/426464-p2.html
Governor approves flood-control bills; Legislation strengthens levees, requires cities to plan more carefully
Contra Costa Times – 10/11/07
By Mike Taugher, staff writer
New construction around the Delta and in other flood plains will be curtailed and flood safety will be beefed up substantially under a historic package of bills signed Wednesday by Gov. Arnold Schwarzenegger.
Taken together, the legislation will strengthen levee construction standards, require more prudent planning by cities and counties and overhaul the state's top flood-protection agency.
"This is the largest single advance in flood management in
"Over the long-term these bills will have significant impacts on the patterns of development and the way we manage floods and flood plains."
Wednesday's signing ceremony in the flood-prone Natomas neighborhood in
It also marked the completion of Schwarzenegger's reversal of his early prodevelopment stance. The governor said last year he wanted a more comprehensive approach to flood management, but he was also influenced by a court decision that increased the state's financial liability for flood damages, a 2004 Delta flood and Hurricane Katrina.
"We made this the right combination for growth and safety in
Specifically, the bills require the following:
-Overhaul of the state Reclamation Board, which will be renamed the Central Valley Flood Protection Board. Members will have to meet specific professional qualifications and be subject to state Senate confirmation. The board will be made independent of the Department of Water Resources, which now assigns staff to the board.
-Augmentation of federal standards that discourage construction in 100-year flood plains with a new requirement that local governments eventually meet a 200-year level of flood protection, meaning that the probability of a flood would be less than 0.5percent in any given year. The legislation requires state officials to come up with preliminary maps next year and a new flood protection plan by 2012.
-A ban on development inside the 200-year flood plain once the plan is in effect.
-Cities and counties' financial liability for flood damage to developments they approve unreasonably. State lawmakers say it was unfair for the state to be exclusively liable for flood damage when cities and counties were increasing the state's liability by approving construction of more houses in flood plains.
"The whole thrust of these bills is to stop putting more people in harm's way," said Assemblywoman Lois Wolk, D-Davis, chairwoman of the Water, Parks and Wildlife Committee and author of two of the five bills signed.
After working out some compromises, the bills were generally supported by developers, environmentalists and local governments. In a concession to developers, the bills' strictest standards will go into effect gradually.
"With regard to actually stopping developers from building in harm's way, it will be many years before these bills do that," said Ron Stork, a policy advocate for the environmental group Friends of the River. "It was a modest effort."
Still, developments that critics saw as the most egregious are not likely to be repeated, said Wolk.
For example, one of the most contentious issues before the Reclamation Board when Schwarzenegger fired its members last year was the River Islands development in Lathrop, an 11,000-unit project on a Delta island that flooded in 1997.
The new members appointed by the governor promptly backed off and issued partial approvals to
Under the new laws, Wolk said the Reclamation Board would be unlikely to approve the project.
But even if the board did, other pieces of the legislation would make such a project less viable.
"It would be much more difficult," Wolk said.
For example, one of the concerns about
One piece of legislation signed Wednesday would require Lathrop to analyze how the new project might affect flooding elsewhere, Wolk said.
Schwarzenegger vetoed a bill to reform the Reclamation Board last year, saying at the time he wanted a more comprehensive package of flood reform bills.
Also adding to the pressure on lawmakers to pass flood reform was a 2003 federal court decision that makes the state financially liable for future flood damages, a 2004 flood in the Delta and Hurricane Katrina in 2005. #
Flood-control bills OK'd; Governor signs six that could mean millions for S.J. levees
Hank Shaw, Capitol Bureau Chief
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The laws are the result of three years' worth of efforts by five legislators, the administration and a slew of lobbyists representing builders, insurers, Realtors and local governments.
Taken together, the new laws have the potential to bring millions in levee-repair money to
Co-sponsored by Sen. Michael Machado, D-Linden, and Assemblywoman Lois Wolk, D-Davis, the main bills create a comprehensive flood-control plan, order the state Department of Water Resources to inventory the Valley levee system's weak spots, then map areas that will require so-called 200-year flood protection, which local governments must then provide.
Two-hundred-year protection means a levee strong enough to withstand a flood so strong it has only a 1-in-200 chance of occurring each year.
This level of protection is double that required by the federal government, although it may not be overly expensive to achieve in
Locals will not be left out to dry by the new requirement, which is not expected to take effect until 2015. Bond money voters passed last year could defray much of that cost.
Wolk said the real estate downturn, which has hit
"The economy has made everyone step back and move more slowly," Wolk said.
What may be more significant is a provision in the bill that would require local governments to eventually change their general development plans to limit subdivisions in known flood zones. The Mossdale area around Lathrop is a prime example.
Local governments that choose to allow development in those areas will be liable for them should they flood later. Current law puts the legal burden on state taxpayers.
Some details of the bills include:
» The improved flood protection will be required for cities with at least 10,000 residents. That includes Lathrop,
» Mandate cities and counties to change their future development plans - once the state study is completed in 2012 - to reflect high-risk areas. Once the locals do that, they will be barred from approving new subdivisions in flood areas unless those areas have the upgraded protection, the developer promises to build it or the area is in the process of an upgrade.
» Require the state to analyze the entire Valley levee system, looking for weaknesses and identifying areas that can be improved, and not just by armoring the levees. For instance, a bypass for floodwaters built upstream might help an urban area downstream.
» Reform the state Reclamation Board to include members chosen by the Legislature as well as flood-control professionals, all of whom must be confirmed by the state Senate. Schwarzenegger vetoed a similar measure last year.
The bills received limited support from legislative Republicans. No Republican voted for the measures in the Assembly, but in the Senate,
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20071011/A_NEWS/710110334
Protection at last; Wolk's, Machado's flood bills signed into law
Woodland Daily Democrat – 10/11/07
By Robin Hindery, staff writer
Gov. Arnold Schwarzenegger on Wednesday signed into law a package of legislation that he said would "tremendously strengthen" flood protection in California, particularly in the Central Valley region.
The six-bill package aims to make it more difficult for cities and counties to build on floodplains by requiring them to incorporate flood protection into zoning laws and to take flood risk into account in the same way they currently consider fire and earthquake risks.
"
Schwarzenegger said the bills will ensure that future growth "will be safe growth."
Among the bills is legislation that requires the state Department of Water Resources and the Central Valley Flood Protection Board to create and adopt a flood protection plan for the
Another bill, by Sen. Dean Florez, D-Shafter, calls for the state Reclamation Board to be reformed and renamed to improve efficiency. The board was created to control flooding along the
The laws will restrict building until 2014 in parts of the
Neighborhoods already built will have until 2025 to reach 200-year flood protection levels.
In a September interview with the Daily Democrat, Assemblywoman Lois Wolk called
"This package is the 21st-century solution to the 21st century challenges facing this state," Wolk said in a press release. "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 legislation follows a $4 billion flood protection bond signed into law in May 2006. The bond was meant to fund urgent repairs and essential improvements of flood control facilities in the
In February 2006, Schwarzenegger declared a state of emergency for
What the bills do
SB5/AB5 together do the following:
• 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. #
http://www.dailydemocrat.com/news/ci_7148081
Levee laws could stem growth; Restrictions won’t affect local areas, some officials say
Marysville Appeal Democrat – 10/11/07
The five bills impose restrictions on where cities and counties in the
But officials in some of the fastest-growing areas of Yuba and Sutter counties said the bills would not affect them – even though the homes are behind levees.
In Yuba City, where levee repairs to provide 100-year flood protection could run into hundreds of millions of dollars, City Manager Steven Jepsen said there would be no immediate impact from the bills.
“I don’t see it stopping development here, and I’m confident we’ll be prepared to address the issues they are attempting to mitigate through this legislation,” said Jepsen.
Longer term, the city would have to make sure building occurs out of the 100-year flood plain, which could mean raising some projects above flood level. The city would also have to share liability with the state for development by levees.
Randy Margo, Yuba County assistant administrator, said Yuba County’s unincorporated areas will meet the 200-year standard when the last phase of levee repairs is completed, giving it a higher level of flood protection than other Sacramento Valley communities.
“We’re ahead of the curve,” said Margo.
Repairs on Reclamation District 784 levees are expected to be finished by spring 2009, Three Rivers Levee Improvement Authority officials have said.
Because of the repairs and the county’s existing liability agreements with the state, Margo believes
One bill requires that cities and counties that do allow construction in those areas would share any liability with the state if the area floods.
Assemblyman Dave Jones, D-Sacramento, sought that provision after an appeals court four years ago found the state was liable for a levee that crumbled, inundating part of Yuba County in 1986. The state had to pay $500 million to flood victims, setting a precedent that lawmakers feared could cost the state billions of dollars in future cases.
One of the bills also creates a nine-member Central Valley Flood Protection Board that will replace the state Board of Reclamation, which has been criticized for favoring the construction industry.
“For years, nothing got done because growth and safety concerns were always at odds,” Schwarzenegger said during a bill-signing ceremony along a levee in Natomas, a Sacramento neighborhood that has exploded with suburban growth in recent years despite being one of the most flood-prone pockets of the city.
Two years after Hurricane Katrina, Democratic lawmakers succeeded in crafting what they described as a comprehensive flood-control package that won the support last month of environmentalists, local governments and the building industry.
The laws will restrict building for the next eight years in areas that lack 100-year flood protection in the
For neighborhoods already built, communities would have until 2025 to strengthen surrounding levees to the 200-year flood-protection level.
“The
The state Department of Water Resources must develop maps that show communities the areas with the greatest flood risk. In turn, those cities and counties must incorporate flood protection into local zoning laws.
http://www.appeal-democrat.com/news/flood_55187___article.html/protection_state.html
California Gov. Arnold Schwarzenegger on Wednesday signed a package of new laws designed to tighten how the state’s flood plains are developed.
The legislative package is supposed to lead to development of a comprehensive Central Valley Flood Protection Plan. It will also reform the Reclamation Board to improve efficiency, require cities and counties to increase consideration of flood risks when making land use decisions and create a new standard in flood protection for urban development in the region.
"I have always said public safety is my number one priority, and the package of bills I am signing today will tremendously strengthen flood protection in
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One of the new laws will establish 200-year flood protection as the standard for urban developments in the
Tougher regulations may be able to prevent future problems, saw lawmakers.
“We know that there currently are plans to site at least 100,000 new homes in areas that were under 10 or 12 feet of water twice in the last 20 years,” says Assemblywoman Lois Wolk, D-Davis. “That’s unacceptable. This package of laws is a 21st Century response to that 21st Century challenge that faces us.”
Ms. Wolk says the laws were developed through three years of debate and that package “is balanced, it emphasizes good planning, it still allows for new housing but housing that is protected.”
The following bills were signed into law:
AB 156 by Assemblyman John Laird, D-Santa Cruz. It changes various provisions of the Water Code related to operation of the state-federal flood control projects in the
SB 5 by Sen. Mike Machado, D-Linden. It requires the Department of Water Resources and the Central Valley Flood Protection Board to prepare and adopt a Central Valley Flood Protection Plan by 2012, and establishes flood protection requirements for local land-use decisions consistent with the Central Valley Protection Plan.
AB 162 by Assemblywoman Lois Wolk, D-Davis. It requires cities and counties to address flood-related matters in the land use, conservation, safety, and housing elements of their general plans.
SB 17 by Sen. Dean Florez, D-Shafter. It reforms and renames the Reclamation Board to improve proficiency, and requires development of State Plan of Flood Control for the
AB 70 by Assemblyman Dave Jones, D-Sacramento. It provides, generally, that a city or county may be required to contribute a fair and reasonable share of the increased flood liability caused by its unreasonable approval of developments following the failure of a state flood control project.
AB 5 by Assemblywoman Wolk. It makes clarifying and technical changes to the preceding bills.
"Last year, Californians made the commitment to invest nearly $5 billion to secure our levees when we passed Propositions 1E and 84. Today's bills are the next step in ensuring a safe future for our state," says Mr. Schwarzenegger. #
http://www.centralvalleybusinesstimes.com/stories/001/?ID=6626
Governor Signs Flood-Control Bills
KTVU Channel 2 (Bay Area) – 10/10/07
The five bills impose restrictions on where cities and counties in the
One of the bills also creates a nine-member Central Valley Flood Protection Board that will replace the state Board of Reclamation, which has been criticized for favoring the construction industry.
"For years, nothing got done because growth and safety concerns were always at odds," Schwarzenegger said during a bill-signing ceremony along a levee in Natomas, a Sacramento neighborhood that has exploded with suburban growth in recent years despite being one of the most flood-prone pockets of the city.
Two years after Hurricane Katrina, Democratic lawmakers succeeded in crafting what they described as a comprehensive flood-control package that won the support last month of environmentalists, local governments and the building industry.
The laws will restrict building for the next eight years in areas that lack 100-year flood protection in the
For neighborhoods already built, communities would have until 2025 to strengthen surrounding levees to the 200-year flood-protection level.
"The
The state Department of Water Resources must develop maps that show communities the areas with the greatest flood risk. In turn, those cities and counties must incorporate flood protection into local zoning laws.
In addition, the state will notify property owners who live in danger areas.
In some cases, communities could continue building in floodplains if they demonstrate they are making reasonable year-to-year progress to strengthen levees. That progress would be monitored by the new flood board.
Cities and counties that do allow construction in those areas would share any liability with the state if the area floods.
Assemblyman Dave Jones, D-Sacramento, sought the provision after an appeals court four years ago found the state was liable for a levee that crumbled, inundating part of Yuba County in 1986. The state had to pay $500 million to flood victims, setting a precedent that lawmakers feared could cost the state billions of dollars in future cases. #
http://www.ktvu.com/news/14312061/detail.html
Governor Signs Off On Levee Plan; New Legislation Includes Restrictions On Building In Flood Plains
KCRA My 58 (Sacramento
The legislative package also creates a nine-member Central Valley Flood Protection Board that will replace the much-criticized state Board of Reclamation.
"The California Central Valley has thousands of miles of levees that are protecting millions of residents. We want to make sure the tragedy of Hurricane Katrina does not happen here because of an earthquake or some other natural disaster," Schwarzenegger said Wednesday.
The bill also means that local governments will share liability along with the state for bad development decisions.
Sen. Darrell Steinberg said the decision will make every stakeholder think twice about developing in a deep flood plain.
The governor also said he's not discouraged about Tuesday's meltdown on a statewide bond measure meant to fix
"I think this is just part of the rhythm of this Capitol. They always have to blow things up first before they go and get things done ... I'm not discouraged about it," Schwarzenegger said. #
http://www.my58.com/politics/14312130/detail.html
Editorial: Before the flood; Governor signs wise planning bills
San Francisco Chronicle – 10/11/07
Our legislators and governor in
None of the new laws is dramatic or unreasonable. Each makes a great deal of sense, especially when taken together: the first step is a requirement for the state to develop flood protection plans within the next five years. After those plans are in place, cities and counties in the
Local agencies are encouraged to develop their own plans for flood protection (this should have been a requirement, given the threat of global warming), but even if they don't, they still have to incorporate flood hazards into their general plans in order to minimize risk. The State Reclamation Board will be revamped and given more governance duties to meet these new challenges.
And should local agencies decide to snub their noses at all this careful planning, they'll have to foot some of the bill for flood damage when they make bad development decisions - a burden that had, until now, fallen exclusively on the state.
All of this is inherently sensible, as we've been insisting on this page for years. In fact, the only thing that's unreasonable about this package is the length of time it took to get passed. One of the main authors of the package, Assemblywoman Lois Wolk, D-Davis, worked on her two contributions for three years. The odyssey lasted more than two years for Assemblyman Dave Jones, D-Sacramento, whose bill asking local agencies to share some of the financial burden for bad planning decisions died a few times before it finally got to the governor. "It's been a long journey," he said. "But (all the bill authors) were so disappointed by our inability to move anything last year that we got really focused, and I think that helped."
Californians are ready for a new framework about water issues, and this package of laws is a giant leap forward for good governance and common sense. All the water bond money in the world won't help unless we can control the water we already have. #
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/10/11/ED8USNNRF.DTL&hw=water&sn=008&sc=241
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