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AB-1270 Dams and reservoirs: inspections and reporting.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB1270:v98#DOCUMENT

Revised  April 26, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1270


Introduced by Assembly Member Gallagher
(Coauthor: Senator Nielsen)

February 17, 2017


An act to amend Section 10560 Sections 6005 and 6102 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1270, as amended, Gallagher. Stormwater resource planning. Dams and reservoirs: inspections and reporting.
Existing law requires the Department of Water Resources, from time to time, to make inspections of dams and reservoirs at state expense for the purpose of determining their safety. Existing law defines “owner” for purposes of these provisions.
This bill would require the department instead to, at least annually, make visual and physical inspections. The bill, on or before January 1, 2019, and annually thereafter, would require the department to submit a report to the Legislature that includes a 5-year infrastructure improvement, maintenance, and funding plan for state-operated and state-maintained dams and reservoirs, as specified. The bill would specify that “owner” includes a joint powers authority that owns, controls, operates, maintains, manages, or proposes to construct a dam or reservoir. The bill would also make various nonsubstantive changes.

Existing law, the Stormwater Resource Planning Act, authorizes one or more public agencies to develop a stormwater resource plan that meets certain standards.

This bill would make nonsubstantive changes in these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6005 of the Water Code is amended to read:

6005.
 (a) “Owner” includes any of the following who own, control, operate, maintain, manage, or propose to construct a dam or reservoir:

(a)

(1) The state and its departments, institutions, agencies, and political subdivisions.

(b)

(2) Every municipal or quasi-municipal corporation.

(c)

(3) Every public utility.

(d)

(4) Every district.

(e)

(5) Every person.
(6) Every joint powers authority.

(f)

(7) The duly authorized agents, lessees, or trustees of any of the foregoing.

(g)

(8) Receivers or trustees appointed by any court for any of the foregoing.

“Owner”

(b) “Owner” does not include the United States.

SEC. 2.

 Section 6102 of the Water Code is amended to read:

6102.
 (a) The department, from time to time, at least annually, shall make visual and physical inspections of dams and reservoirs at state expense for the purpose of determining their safety but shall require owners to perform at their expense safety. An owner of a dam or reservoir shall perform, at the owner’s expense, such work as necessary to disclose information sufficient to enable the department to determine conditions of dams and reservoirs in regard to their safety and to perform at their expense the safety of the dam or reservoir and shall perform, at the owner’s expense, other work necessary to secure maintenance and operation which that will safeguard life and property.
(b) (1) On or before January 1, 2019, and annually thereafter, the department shall submit a report to the Legislature that includes a five-year infrastructure improvement, maintenance, and funding plan for state-operated and state-maintained dams and reservoirs. Each year the report shall be updated to reflect anticipated maintenance and infrastructure improvement costs.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 10560 of the Water Code is amended to read:
10560.

This part shall be known, and may be cited, as “The Stormwater Resource Planning Act.”

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REVISIONS:
Heading—Line 2.
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