Bill Text: CA AB1165 | 2009-2010 | Regular Session | Chaptered
Bill Title: Flood protection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 275, Statutes of 2009. [AB1165 Detail]
Download: California-2009-AB1165-Chaptered.html
BILL NUMBER: AB 1165 CHAPTERED
BILL TEXT
CHAPTER 275
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JULY 6, 2009
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Yamada
FEBRUARY 27, 2009
An act to amend Section 65007 of the Government Code, and to amend
Sections 8502, 8559, 8560, 8610.5, and 8709.4 of, to add Sections
8709.5, 8709.6, 8709.7, 12645, 12646, and 12647 to, to add the
heading of Article 2 (commencing with Section 12645) to Chapter 2 of
Part 6 of Division 6 of, to repeal Sections 8562 and 8577 of, to
repeal the heading of Article 2 (commencing with Section 12648) of
Chapter 2 of Part 6 of Division 6 of, and to repeal and amend
Sections 8522.3, 8522.5, 8523, and 8578 of, the Water Code, relating
to flood protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 1165, Yamada. Flood protection.
(1) Existing law prohibits the legislative body of a city or
county within the Sacramento-San Joaquin Valley, after the adoption
of specified amendments to the applicable general plan or zoning
ordinance, from entering into a development agreement for property
that is located within a flood hazard zone, unless the legislative
body makes one of several possible determinations, one of which is a
determination that the local flood management agency has made
adequate progress on the construction of a flood protection system.
Existing law, after the adoption of those amendments, also conditions
the approval of a discretionary entitlement or ministerial permit
that would result in the construction of a new residence for a
project that is located within a flood hazard zone, and the approval
of a tentative map, or a parcel map as specified, for a subdivision
that is located within a flood hazard zone, upon the legislative body
making one of several possible determinations, one of which is a
determination that the local flood management agency has made
adequate progress on the construction of a flood protection system.
Existing law defines "adequate progress" to mean, among other things,
that the revenues sufficient to fund each year of the project
schedule for the flood protection system have been identified, and
that at least 90% of the revenues scheduled to have been received in
any given year have been appropriated and are being expended.
This bill, for the purpose of those provisions, would authorize
the Central Valley Flood Protection Board (board) to find that the
local flood management agency is making adequate progress in working
toward the completion of the flood protection system for any year in
which state funding is not appropriated consistent with an agreement
between a state agency and the local flood management agency.
(2) Under existing law, the Department of Water Resources performs
various flood management activities throughout the state, and the
board engages in flood management activities along the Sacramento
River and San Joaquin River, their tributaries, and related areas.
Existing law establishes the Sacramento and San Joaquin Drainage
District under the administration of the board for the purposes of
carrying out specified flood management activities within the
boundaries of the district. Existing law requires the board, in any
evidentiary hearing, to consider various matters, including the
effects of a proposed action on the State Plan of Flood Control, as
defined.
This bill would revise the definition of the State Plan of Flood
Control for these and other purposes.
(3) Existing law provides that a majority of the board constitutes
a quorum and declares that no board action is effective unless the
action is concurred in by a majority of the board members.
This bill, instead, would provide that a majority of the voting
members of the board constitutes a quorum and would declare that no
board action is effective unless a quorum is present and the action
is concurred in by a majority of all of the voting members of the
board.
(4) Under existing law, any meeting of the board, at its office,
when all of the members are present, is a legal meeting at which any
business may be transacted.
This bill would repeal that provision.
(5) Existing law prohibits a board member or any person or
organization with an interest in board decisions, or any person
representing a person or organization with an interest in board
decisions who intends to influence the decision of a board member on
a matter before the board, from conducting an ex parte communication,
as defined.
This bill would revise the definition of the term "ex parte
communication" to mean any oral or written communication outside of a
noticed board meeting concerning specified matters. The bill would
prohibit a board member appointed by the Governor from participating
in an ex parte communication with any person or organization with an
interest in board decisions, or any person representing a person or
organization with an interest in board decisions who intends to
influence the decision of a board member on a matter before the
board.
(6) Existing law requires the board to hold an evidentiary hearing
for any matter that requires the issuance of a permit.
This bill would require the board to hold an evidentiary hearing
for any matter that requires the issuance of a permit if the proposed
work may significantly affect any element of the State Plan of Flood
Control or if a formal protest against that permit has been lodged.
The bill would authorize the board to, by regulation, define types of
encroachments that will not significantly affect any element of the
State Plan of Flood Control. The bill would authorize the board to
delegate the approval of permits for those encroachments to the
executive officer.
(7) Existing law requires the board to make a specified finding
regarding the impact of an encroachment on public safety before
taking action to modify an encroachment on levees, channels, or other
flood control works.
This bill would authorize the board to delegate to the executive
officer the authority to take action to remove or modify the
encroachment. The bill would authorize the board, and the executive
officer if delegated that authority, to issue an order directing a
person or public agency to cease and desist from undertaking, or
threatening to undertake, an activity that may encroach on levees,
channels, or other flood control works under the jurisdiction of the
board. The board, and the executive officer if delegated that
authority, would be granted authority to issue an order directing a
person or public agency to cease and desist from undertaking, or
threatening to undertake, an activity that requires a permit from the
board without securing a permit or an activity that is inconsistent
with a permit issued by the board. The bill would authorize the
imposition of civil liability on a person or public agency that
undertakes an encroachment or commits other action in violation of
specified requirements relating to encroachments to provisions
relating to the board.
(8) Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects.
This bill, with a certain exception, would provide that specified
provisions of law that authorize financial assistance to flood
control projects in the Sacramento-San Joaquin Watersheds shall not
be construed to expand the liability of the state for the operation
and maintenance of any flood management facility that is outside the
scope of a designated state plan of flood control.
(9) The bill would make various technical corrections.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65007 of the Government Code is amended to
read:
65007. As used in this title, the following terms have the
following meanings, unless the context requires otherwise:
(a) "Adequate progress" means all of the following:
(1) The total project scope, schedule, and cost of the completed
flood protection system have been developed to meet the appropriate
standard of protection.
(2) (A) Revenues that are sufficient to fund each year of the
project schedule developed in paragraph (1) have been identified and,
in any given year and consistent with that schedule, at least 90
percent of the revenues scheduled to be received by that year have
been appropriated and are currently being expended.
(B) Notwithstanding subparagraph (A), for any year in which state
funding is not appropriated consistent with an agreement between a
state agency and a local flood management agency, the Central Valley
Flood Protection Board may find that the local flood management
agency is making adequate progress in working toward the completion
of the flood protection system.
(3) Critical features of the flood protection system are under
construction, and each critical feature is progressing as indicated
by the actual expenditure of the construction budget funds.
(4) The city or county has not been responsible for a significant
delay in the completion of the system.
(5) The local flood management agency shall provide the Department
of Water Resources and the Central Valley Flood Protection Board
with the information specified in this subdivision sufficient to
determine substantial completion of the required flood protection.
The local flood management agency shall annually report to the
Central Valley Flood Protection Board on the efforts in working
toward completion of the flood protection system.
(b) "Central Valley Flood Protection Plan" has the same meaning as
that set forth in Section 9612 of the Water Code.
(c) "Developed area" has the same meaning as that set forth in
Section 59.1 of Title 44 of the Code of Federal Regulations.
(d) "Flood hazard zone" means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency. The identification of flood hazard zones
does not imply that areas outside the flood hazard zones, or uses
permitted within flood hazard zones, will be free from flooding or
flood damage.
(e) "Nonurbanized area" means a developed area or an area outside
a developed area in which there are fewer than 10,000 residents.
(f) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
(g) "Sacramento-San Joaquin Valley" means lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or their tributaries or connected therewith, or upon any land
adjacent thereto, or within the overflow basins thereof, or upon land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands lying within the Tulare Lake basin, including
the Kings River.
(h) "State Plan of Flood Control" has the same meaning as that set
forth in subdivision (j) of Section 5096.805 of the Public Resources
Code.
(i) "Urban area" means a developed area in which there are 10,000
residents or more.
(j) "Urbanizing area" means a developed area or an area outside a
developed area that is planned or anticipated to have 10,000
residents or more within the next 10 years.
(k) "Urban level of flood protection" means the level of
protection that is necessary to withstand flooding that has a
1-in-200 chance of occurring in any given year using criteria
consistent with, or developed by, the Department of Water Resources.
SEC. 2. Section 8502 of the Water Code is amended to read:
8502. The management and control of the district are vested in
the Central Valley Flood Protection Board.
SEC. 3. Section 8522.3 of the Water Code, as added by Section 4 of
Chapter 365 of the Statutes of 2007, is repealed.
SEC. 4. Section 8522.3 of the Water Code, as added by Section 8 of
Chapter 366 of the Statutes of 2007, is amended to read:
8522.3. "Facilities of the State Plan of Flood Control" has the
same meaning as that set forth in subdivision (e) of Section 5096.805
of the Public Resources Code.
SEC. 5. Section 8522.5 of the Water Code, as added by Section 5 of
Chapter 365 of the Statutes of 2007, is repealed.
SEC. 6. Section 8522.5 of the Water Code, as added by Section 9 of
Chapter 366 of the Statutes of 2007, is amended to read:
8522.5. "Project levee" has the same meaning as that set forth in
subdivision (g) of Section 5096.805 of the Public Resources Code.
SEC. 7. Section 8523 of the Water Code, as added by Section 6 of
Chapter 365 of the Statutes of 2007, is repealed.
SEC. 8. Section 8523 of the Water Code, as added by Section 10 of
Chapter 366 of the Statutes of 2007, is amended to read:
8523. "State Plan of Flood Control" has the same meaning as that
set forth in subdivision (j) of Section 5096.805 of the Public
Resources Code.
SEC. 9. Section 8559 of the Water Code is amended to read:
8559. A majority of the voting members of the board constitutes a
quorum.
SEC. 10. Section 8560 of the Water Code is amended to read:
8560. No action of the board shall be effective unless a quorum
is present and the action is concurred in by a majority of all of the
voting members of the board.
SEC. 11. Section 8562 of the Water Code is repealed.
SEC. 12. Section 8577 of the Water Code, as added by Section 12 of
Chapter 365 of the Statutes of 2007, is repealed.
SEC. 13. Section 8578 of the Water Code, as added by Section 13 of
Chapter 365 of the Statutes of 2007, is repealed.
SEC. 14. Section 8578 of the Water Code, as added by Section 17 of
Chapter 366 of the Statutes of 2007, is amended to read:
8578. (a) For the purposes of this section, "ex parte
communication" means any oral or written communication outside of a
noticed board meeting concerning matters, other than purely
procedural matters, regarding any of the following:
(1) An application that has been submitted to the board and has
been determined to be complete by the executive officer.
(2) An enforcement action.
(3) Any other quasi-judicial matter requiring board action, after
the matter has been placed on the board's agenda and notice of the
meeting has been provided pursuant to Section 11125 of the Government
Code.
(b) (1) A board member appointed pursuant to subdivision (b) of
Section 8551 shall not participate in an ex parte communication with
any person or organization with an interest in board decisions, nor
any person representing a person or organization with an interest in
board decisions, excluding a staff member of the board acting in his
or her official capacity, who intends to influence the decision of a
board member on a matter before the board.
(2) If an ex parte communication occurs, the board member shall
notify the interested party that a full disclosure of the ex parte
communication shall be entered in the board's record.
(3) Communications cease to be ex parte communications when the
board member or the person who engaged in the communication with the
board member fully discloses the communication and requests in
writing that it be placed in the board's official record of the
proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board to which this section applies.
SEC. 15. Section 8610.5 of the Water Code is amended to read:
8610.5. (a) (1) The board shall adopt regulations relating to
evidentiary hearings pursuant to Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) The board shall hold an evidentiary hearing for any matter
that requires the issuance of a permit if the proposed work may
significantly affect any element of the State Plan of Flood Control
or if a formal protest against that permit has been lodged.
(3) The board may, by regulation, define types of encroachments
that will not significantly affect any element of the State Plan of
Flood Control. Evidentiary hearings are not required for uncontested
applications for those defined encroachments unless, in the judgment
of the executive officer, there is a reasonable possibility that the
project will have a significant effect on an adopted plan of flood
control.
(4) The board may delegate approval of permits for encroachments
that will not significantly affect any element of the State Plan of
Flood Control to the executive officer.
(5) The board is not required to hold an evidentiary hearing
before making a decision relating to general flood protection policy
or planning.
(b) The board may take an action pursuant to Section 8560 only
after allowing for public comment.
(c) The board shall, in any evidentiary hearing, consider all of
the following, as applicable, for the purpose of taking any action
pursuant to Section 8560:
(1) Evidence that the board admits into its record from any party,
state or local public agency, or nongovernmental organization with
expertise in flood or flood plain management.
(2) The best available science that relates to the scientific
issues presented by the executive officer, legal counsel, the
department, or other parties that raise credible scientific issues.
(3) Effects of the proposed decision on the entire State Plan of
Flood Control.
(4) Effects of reasonably projected future events, including, but
not limited to, changes in hydrology, climate, and development within
the applicable watershed.
SEC. 16. Section 8709.4 of the Water Code is amended to read:
8709.4. (a) Before removing or modifying a lawful existing
encroachment on levees, channels, and other flood control works
pursuant to powers granted by this part, a permit, or standards
adopted pursuant to this part, the board shall make one of the
following findings, based on substantial evidence, regarding the
encroachment's impact on public safety:
(1) The encroachment presents an imminent threat to the structural
integrity of the levee, channel, or other flood control work.
(2) The encroachment significantly impairs the functional
capability of the levee, channel, or other flood control work to
fulfill its particular intended role in the overall flood control
plan.
(b) Routine maintenance that includes the removal or modification
of fences, gates, and vegetation on the levee structure and other
flood control structures is not subject to subdivision (a).
(c) The board may delegate authority to the executive officer to
take action to remove or modify encroachments on levees, channels,
and other flood control works in accordance with subdivision (a).
SEC. 17. Section 8709.5 is added to the Water Code, to read:
8709.5. (a) Notwithstanding Section 8709 or 8709.4, if the board,
or the executive officer if delegated authority by the board,
determines that any person or public agency has undertaken, or is
threatening to undertake, any activity that may encroach on levees,
channels, or other flood control works under the jurisdiction of the
board, the board or executive officer may issue an order directing
that person or public agency to cease and desist. The order may also
be issued to enforce any requirement of a permit or any requirement
under this part that is subject to the jurisdiction of the board.
(b) The cease and desist order shall be issued only if the person
or public agency has failed to respond in a satisfactory manner to an
oral notice given in person or by telephone, followed by a written
confirmation, or a written notice given by certified mail or hand
delivered to the landowner or the person performing the activity. The
notice shall include the following:
(1) A description of the activity that meets the criteria of
subdivision (a) of Section 8709.4 or a statement that the described
activity constitutes an encroachment that is in violation of this
article because it is not authorized by a valid permit.
(2) A statement that the described activity shall immediately
cease or the alleged violator may receive a cease and desist order,
the violation of which may subject the violator to fines or
penalties.
(3) The name, address, and telephone number of the staff member
who is to be contacted for further information.
(c) The cease and desist order may be subject to terms and
conditions as the board or the executive officer may determine are
necessary to avoid an unreasonable impact on public safety.
(d) The cease and desist order shall be effective upon its
issuance, and copies shall be served immediately by certified mail
upon the person or agency subject to the order.
SEC. 18. Section 8709.6 is added to the Water Code, to read:
8709.6. (a) Notwithstanding Sections 8709 and 8709.4, if the
board, after a public hearing, determines that any person or public
agency has undertaken, or is threatening to undertake, any activity
that requires a permit from the board without securing a permit or is
inconsistent with any permit previously issued by the board, the
board may issue an order directing that person or public agency to
cease and desist. The board may also issue the order to enforce any
requirement of a permit, or any requirement of this part that is
subject to the jurisdiction of the board.
(b) The cease and desist order may be subject to terms and
conditions as the board may determine are necessary to ensure
compliance with this part, including immediate removal of any
encroachment or the setting of a schedule within which action shall
be taken to obtain a permit pursuant to this part.
(c) Notice of the public hearing on a proposed cease and desist
order shall be given to any affected person and public agency and the
order shall be final and effective upon the issuance of the order.
Copies shall be served immediately by certified mail upon the person
or public agency subject to the order and upon other affected persons
and public agencies that appear at the hearing or request a copy.
(d) In addition to any other authority to order restoration, the
board may, after a public hearing, order restoration of a site if it
finds that an encroachment has occurred without a permit from the
board.
SEC. 19. Section 8709.7 is added to the Water Code, to read:
8709.7. (a) Any person or public agency that violates any
provision of this article may be civilly liable in accordance with
this section.
(b) (1) Civil liability may be imposed by the superior court in
accordance with this article on any person or public agency that
performs or undertakes an encroachment that is in violation of this
article or that is inconsistent with any permit previously issued by
the board in an amount that shall not exceed thirty thousand dollars
($30,000), but shall not be less than five hundred dollars ($500).
(2) Civil liability may be imposed for any violation of this part
other than a violation specified in paragraph (1) in an amount that
shall not exceed thirty thousand dollars ($30,000).
(c) Any person or public agency that performs or undertakes an
encroachment that is in violation of this part or in a manner that is
inconsistent with any permit previously issued by the board, when
the person or public agency intentionally and knowingly performs or
undertakes the encroachment in violation of this part or in a manner
that is inconsistent with any previously issued permit, may, in
addition to any other penalties, be civilly liable in accordance with
this subdivision. Civil liability may be imposed by the superior
court in accordance with this article for a violation described in
this subdivision in an amount that shall not be less than one
thousand dollars ($1,000), nor more than fifteen thousand dollars
($15,000), per day for each day in which the encroachment persists.
(d) In determining the amount of civil liability, the following
factors shall be considered:
(1) The nature, circumstance, extent, and gravity of the
violation.
(2) Whether the violation is susceptible to restoration or other
remedial measures.
(3) The function of the levee, channel, or other flood control
work affected by the violation.
(4) The cost to the state of bringing the action.
(5) With respect to the violator, any voluntary restoration or
remedial measures undertaken, any prior history of violations, the
degree of culpability, economic profits, if any, resulting from, or
expected to result as a consequence of, the violation, and other
matters the board deems relevant.
(e) Any person or public agency that intentionally or negligently
violates any cease and desist order issued, reissued, or amended by
the board, or any restoration order issued, reissued, or amended by
the board may be liable for a civil penalty in an amount that shall
not exceed six thousand dollars ($6,000) for each day in which that
violation persists. Any actual penalty imposed shall be reasonably
proportionate to the damage suffered as a consequence of the
violation.
(f) This section does not authorize the issuance or enforcement of
any cease and desist order as to any activity undertaken by a local
public agency pursuant to a declaration of emergency by the governing
body of the local public agency or the board of supervisors of the
county in which the activity is being or may be undertaken.
SEC. 20. The heading of Article 2 (commencing with Section 12645)
is added to Chapter 2 of Part 6 of Division 6 of the Water Code, to
read:
Article 2. Projects in the Sacramento-San Joaquin Watersheds
SEC. 21. Section 12645 is added to the Water Code, to read:
12645. The Legislature finds and declares all of the following:
(a) In 1911, the Legislature adopted a flood control plan for the
Sacramento Valley, as proposed by the federal California Debris
Commission, and created the Reclamation Board to regulate levees and
other encroachments, and to review and approve flood control plans
for the Sacramento River and its tributaries. The state's adoption of
a valley-wide flood management plan was intended to create a unified
plan of flood control and to reclaim lands from overflow. Six years
later, California gained Congressional authorization for the United
States Army Corps of Engineers (Corps) to collaborate with the state
in building and maintaining the Sacramento River Flood Control
Project. The federal government transferred completed portions of the
Sacramento River Flood Control Project to the state as portions were
completed, and the state, in turn, passed responsibility for
operation and maintenance to local districts organized to provide
flood control within their boundaries.
(b) The state and federal governments have built or rebuilt
levees, weirs, and bypasses to increase conveyance of flood waters
downstream. The Sacramento River Flood Control Project and the
federal-state flood control project in the San Joaquin Valley include
approximately 1,600 miles of levees and other facilities to reduce
central valley flood risk, now defined as the State Plan of Flood
Control in subdivision (j) of Section 5096.805 of the Public
Resources Code. The Corps often constructed federal "project levees"
in both the Sacramento and San Joaquin River watersheds by modifying
existing levees. The federal government transferred completed
portions of the Sacramento River Flood Control Project to the state,
as portions were completed, which in turn passed responsibility for
operation and maintenance to local reclamation districts.
(c) In 2003, a state Court of Appeal in Paterno v. State of
California (2003) 113 Cal.App.4th 998 (Paterno), held the state
liable, in a claim for inverse condemnation, for failure of a levee
that was operated and maintained by a local levee maintenance
district. In settlement of that litigation, the state's liability was
substantial because homes and a shopping center were built behind
the levee and suffered from the resulting flood.
(d) The Legislature has authorized funding for numerous flood
control projects throughout the Sacramento and San Joaquin River
watersheds. These statutory authorizations included varying
provisions regarding responsibility and liability for operation and
maintenance of the flood control facilities, and may or may not have
incorporated the specified facilities into the federal-state
Sacramento River or San Joaquin River flood control projects. After
the court ruling in Paterno, the status of each flood facility became
critically important to determining liability, and legal ambiguities
led to questions about whether particular facilities were
incorporated into a federal-state flood control project. In some
cases, despite a location between two project levees, certain levees
remain outside the jurisdiction of a federal-state flood control
project, with local agencies retaining liability.
(e) In 2006, California voters approved the Disaster Preparedness
and Flood Prevention Bond Act of 2006, which authorized the issuance
of general obligation bonds in the amount of $4.9 billion for flood
protection and defined the Sacramento River and San Joaquin River
federal-state flood control projects as the "State Plan of Flood
Control." The following year, the Legislature passed a package of
bills to reform state flood protection policy in the central valley.
These laws required the Department of Water Resources to develop, and
the Central Valley Flood Protection Board to adopt, a Central Valley
Flood Protection Plan, which is broader than the State Plan of Flood
Control, affecting the entire watersheds of the Sacramento and San
Joaquin Valley. These laws included provisions intended to limit
state liability to facilities identified in the State Plan of Flood
Control. These laws did not specifically address the facilities
described in this article.
SEC. 22. Section 12646 is added to the Water Code, to read:
12646. Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this chapter.
(a) "Board" means the Central Valley Flood Protection Board.
(b) "Plan" means the Central Valley Flood Protection Plan.
(c) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
(d) "Public safety infrastructure" means public safety
infrastructure necessary to respond to a flood emergency, including,
but not limited to, street and highway evacuation routes, medical
care facilities, and public utilities necessary for public health and
safety, including drinking water and wastewater treatment
facilities.
(e) "Sacramento-San Joaquin Valley" means any lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or any of their tributaries or connected therewith, or upon any land
adjacent thereto, or within any of the overflow basins thereof, or
upon any land susceptible to overflow therefrom. The Sacramento-San
Joaquin Valley does not include lands lying within the Tulare Lake
basin, including the Kings River.
(f) "State Plan of Flood Control" has the meaning set forth in
subdivision (j) of Section 5096.805 of the Public Resources Code.
SEC. 23. Section 12647 is added to the Water Code, to read:
12647. (a) The state shall not have responsibility or liability
for the construction, operation, and maintenance of central valley
flood control facilities identified in this article unless all of the
following applies:
(1) The department identifies the facility as part of the State
Plan of Flood Control.
(2) The state has expressly accepted the transfer of liability for
the facility from the federal government.
(3) The board incorporates the facility into the State Plan of
Flood Control pursuant to Section 9611.
(b) Unless otherwise specifically provided, nothing in this
article shall be construed to expand the responsibility of the state
for the operation or maintenance of any flood management facility
outside the scope of the State Plan of Flood Control, except as
specifically determined by the board pursuant to Section 9611.
(c) Use of the phrase "adopted and authorized" in this article
does not, by itself, reflect incorporation of the specified facility
into the State Plan of Flood Control or assumption of liability by
the state, unless one of the conditions described in subdivision (a)
applies to the facility.
(d) Nothing in this section abrogates or modifies any duty,
responsibility, or liability of any federal, state, or local agency,
including, but not limited to, those duties, responsibilities, and
liabilities set forth in Sections 8370, 12642, and 12828.
SEC. 24. The heading of Article 2 (commencing with Section 12648)
of Chapter 2 of Part 6 of Division 6 of the Water Code is repealed.
