Today's Law As Amended


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AB-137 Facilities of the State Plan of Flood Control.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 8540 is added to the Water Code, to read:

8540.
 The Legislature finds and declares as follows:
(a) The federal, state, and local governments have invested billions of dollars into improving the State Plan of Flood Control, which is composed of essential public safety infrastructure.
(b) The purpose of and need for the State Plan of Flood Control is to protect life, property, and the economy.
(c) Facilities of the State Plan of Flood Control are critical public infrastructure necessary for the protection of life, property, and the economy.

SEC. 2.

 Section 8712 of the Water Code is repealed.

8712.
 No levee along a river or by-pass at any of the places mentioned in this article, nor any levee forming part of any of the plans of flood control adopted by this part or by the board, shall be cut or altered without permission of the board.

SEC. 3.

 Section 8712 is added to the Water Code, to read:

8712.
 (a) A person shall not conceal, deface, destroy, modify, use, occupy, cut, alter, or physically or visually obstruct any levee along a river or bypass at any of the places mentioned in this article, any levee forming part of any of the plans of flood control adopted by this part or by the board, or any other facility of the State Plan of Flood Control, including, but not limited to, any and all associated rights of way, without permission of the board.
(b) The board or its designee, or a local agency that maintains the levee or facility, may inspect and remove any physical or visual obstructions placed or alterations made on any levee along a river or bypass at any of the places mentioned in this article, any levee forming part of any of the plans of flood control adopted by this part or by the board, or any other facility of the State Plan of Flood Control, including, but not limited to, any and all associated rights of way.

SEC. 4.

 Section 8720 of the Water Code is amended to read:

8720.
 (a)  Any person who does any act contrary to or in violation of any of the provisions of this article is guilty of a misdemeanor.
(b) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may enforce the provisions of this article in any place in the state to which the peace officer’s authority extends.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.