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AB-979 Sacramento-San Joaquin Delta: projects: sea level rise analysis report.(2021-2022)

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Date Published: 04/13/2021 09:00 PM
AB979:v98#DOCUMENT

Amended  IN  Assembly  April 13, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 979


Introduced by Assembly Member Frazier

February 18, 2021


An act to amend Section 9121 of, and to repeal Chapter 9 (commencing with Section 9110) of Part 4 of Division 5 of, the Water Code, relating to water. An act to add Section 85035 to the Water Code, relating to the Sacramento-San Joaquin Delta.


LEGISLATIVE COUNSEL'S DIGEST


AB 979, as amended, Frazier. Central Valley Flood Protection Board: reports. Sacramento-San Joaquin Delta: projects: sea level rise analysis report.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, provides that it is the policy of the state to, among other things, reduce reliance on the Sacramento-San Joaquin Delta in meeting California’s future water supply needs through a statewide strategy of investing in improved regional supplies, conservation, and water use efficiency. Existing law establishes the Delta Stewardship Council, which is required to develop, adopt, and commence implementation of a comprehensive management plan, known as the Delta Plan, for the Sacramento-San Joaquin Delta.
This bill would require any individual or entity that undertakes a project, as defined, within the Delta to complete a report analyzing the impact of sea level rise on the project. The bill would require the report to include a specified sea level rise analysis, and would require the report to be submitted to the Delta Stewardship Council, the Delta Protection Commission, and the Legislature. The bill would require the report to be posted on the internet websites of the Delta Stewardship Council and the Delta Protection Commission.

Existing law requires, on or before September 1, 2010, and on or before September 1 of each subsequent year, the Department of Water Resources to provide written notice to each landowner whose property is determined to be entirely or partially within a levee flood protection zone.

This bill would require the department to provide written notice on or before September 5, instead of on or before September 1, of each subsequent year. The bill would also repeal obsolete duplicative provisions of law.

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

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


SECTION 1.

 Section 85035 is added to the Water Code, immediately after Section 85034, to read:

85035.
 (a) Any individual or entity that undertakes a project within the Delta shall complete a report analyzing the impact of sea level rise on the project.
(b) The report required pursuant to this section shall contain, at a minimum, an analysis based on the sea level rise scenarios contained in the Ocean Protection Council’s Sea-Level Rise Guidance 2018 Update document. More probable or more severe sea level rise scenarios may also be included in the report.
(c) (1) Notwithstanding Section 10231.5 of the Government Code, the report required pursuant to this section shall be submitted to the Delta Stewardship Council, the Delta Protection Commission, and the Legislature, in compliance with Section 9795 of the Government Code.
(2) The report shall be posted on the internet websites of both the Delta Stewardship Council and the Delta Protection Commission.
(d) For the purposes of this section, “project” has the same meaning as defined in Section 21065 of the Public Resources Code.
(e) Nothing in this section shall be construed to abridge any existing law, including, but not limited to, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 (Division 19.5 (commencing with Section 29700) of the Public Resources Code).

SECTION 1.Chapter 9 (commencing with Section 9110) of Part 4 of Division 5 of the Water Code, as added by Section 25 of Chapter 366 of the Statutes of 2007, is repealed.
SEC. 2.Section 9121 of the Water Code, as added by Section 7 of Chapter 368 of the Statutes of 2007, is amended to read:
9121.

(a)On or before September 1, 2010, and on or before September 5 of each year thereafter, the department shall provide written notice to each landowner whose property is determined to be entirely or partially within a levee flood protection zone.

(b)The notice shall include statements regarding all of the following:

(1)The property is located behind a levee.

(2)Levees reduce, but do not eliminate, the risk of flooding and are subject to catastrophic failure.

(3)If available, the level of flood risk as described in the flood control system status report described in Section 9120 and a levee flood protection zone map prepared in accordance with Section 9130.

(4)The state recommends that property owners in a levee flood protection zone obtain flood insurance, such as insurance provided by the Federal Emergency Management Agency through the National Flood Insurance Program.

(5)Information about purchasing federal flood insurance.

(6)The address of the internet website that contains the information required by the flood management report described in Section 9141.

(7)Any other information determined by the department to be relevant.

(c)A county, with assistance from the department, shall annually provide to the department, by electronic means, lists of names and addresses of property owners in a levee flood protection zone located in that county.

(d)Notwithstanding any other law, the department may enter into contracts with private companies to provide the notices required by this section.