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SB-1285 Local health emergencies: navigable waters.(2019-2020)

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Date Published: 03/26/2020 09:00 PM
SB1285:v98#DOCUMENT

Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1285


Introduced by Senator Nielsen
(Coauthor: Senator Dahle)

February 21, 2020


An act to amend Section 8590 of the Water 101080 of the Health and Safety Code, relating to water. public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 1285, as amended, Nielsen. Central Valley Flood Protection Board: powers. Local health emergencies: navigable waters.
Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Health Care Services or the local health officer determines that as a result there is an immediate threat to the public health, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction affected by the threat to the public health.
This bill would authorize a local health officer to declare a local health emergency in the jurisdiction whenever the local health officer determines that there is an immediate threat to the public health due to the presence of waste within the navigable waters of the state.

Existing law establishes the Central Valley Flood Protection Board and authorizes the board to carry out various flood control activities, including constructing, maintaining, and operating ditches, canals, pumping plants, and other drainage works.

This bill would make nonsubstantive changes to the provisions establishing the powers of the board.

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

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


SECTION 1.

 Section 101080 of the Health and Safety Code is amended to read:

101080.
 (a) (1) Whenever a release, spill, escape, or entry of waste occurs as described in paragraph (2) of subdivision (b) of Section 101075 and the director or the local health officer reasonably determines that the waste is a hazardous waste or medical waste, or that it may become a hazardous waste or medical waste because of a combination or reaction with other substances or materials, and the director or local health officer reasonably determines that the release or escape is an immediate threat to the public health, or whenever there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease, chemical agent, noncommunicable biologic agent, toxin, or radioactive agent, the director may declare a health emergency and the local health officer may declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Whenever
(2) A local health officer may declare a local health emergency in the jurisdiction whenever the local health officer determines that there is an immediate threat to the public health due to the presence of waste within the navigable waters of the state.
(b) Whenever a local health emergency is declared by a local health officer pursuant to this section, the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors, or city council, whichever is applicable to the jurisdiction. The board of supervisors, or city council, if applicable, shall review, at least every 30 days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination.

SECTION 1.Section 8590 of the Water Code is amended to read:
8590.

To carry out the primary state interest described in Section 8532, the board may do any of the following:

(a)Acquire either within or outside the boundaries of the drainage district, by purchase, condemnation, or by other lawful means in the name of the drainage district, all lands, rights-of-way, easements, property, or material necessary or requisite for the purpose of bypasses, weirs, cuts, canals, sumps, levees, overflow channels and basins, reservoirs and other flood control works, and other necessary purposes, including drainage purposes.

(b)Construct, clear, and maintain bypasses, levees, canals, sumps, overflow channels and basins, reservoirs, and other flood control works.

(c)Construct, maintain, and operate ditches, canals, pumping plants, and other drainage works.

(d)Make contracts in the name of the drainage district to indemnify or compensate an owner of land or other property for any injury or damage caused by the exercise of the powers conferred by this division, or arising out of the use, taking, or damage of any property for any of the purposes of this division.

(e)Collaborate with state and federal agencies, if appropriate, regarding multiobjective flood management strategies that incorporate agricultural conservation, ecosystem protection and restoration, or recreational components.