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THE CALIFORNIA DRIVE FOR SUCCESS: UNDER THE HOOD OF AN EFFECTIVE FLOOD POLICY REFORM PACKAGE

By Gary A. Patton
Executive Director
Planning and Conservation League

Last week we reported that key flood bills (AB 5, AB 70, and AB 162) advanced through to Appropriations just before the policy committee deadline.

The authors of all the various flood bills pending in the Legislature have committed to work together during negotiations this summer, to pass the best possible flood policy package. Because several of the key flood bills have similar provisions, some legislative "vehicles" (lobbyist lingo for "bills") may be scrapped for parts and not make it through recess, requiring strong cooperation between the various authors.

In this week's installment of our Flood Policy series we'll take a look at the nuts and bolts of good flood policy.

Part III: The 2007 Flood Package: Flood Priorities Worth Fighting For

During the Governor's recent guest appearance on the MTV show "Pimp My Ride," he praised the show's crew for outfitting a '65 Chevy Impala with an 800 horsepower bio-diesel engine.

With the set of remaining flood bills, the Legislature is primed to deliver an equally "pimped out" flood protection and control plan for California to the Governor this fall. But we're not talking about upholstery and paint colors. Here's what a successful flood management strategy for California must do:

Incorporate flood management into state and local land use decisions. Landscape-scale flood control tools such as flood bypasses or flood easements can help take the pressure off of the state's aging levee system while also providing protection for wildlife habitat and agricultural lands. Assemblymember Wolk's AB 5 and Senator Machado's SB 5 both call for increased use of innovative flood management options.

Ensure that new developments have adequate flood protection. In order to protect lives and property from flood risk, land use planning should reasonably consider flood risk. AB 5 (Wolk) and AB 162 (Wolk) are bills which currently address this issue.

Clarify the roles and responsibilities of state and local agencies in flood protection. Flood waters transcend political boundaries, and a successful statewide flood plan must clearly outline how different agencies share the responsibility for managing floods. Senator Machado's SB 5 highlights this important need.

Reform the Reclamation Board. The Reclamation Board is charged with protecting public safety. Fulfilling this mandate requires members who are experienced, knowledgeable, responsible, and without conflicts of interest. SB 17 (Florez) proposes these necessary reforms.

Protect California taxpayers. Land use decisions must be informed by risk. Local governments making land use and planning decisions that may increase the risk of losses due to flooding should share in the liability resulting from those decisions. Assemblymember Jones offers a balanced suggestion for shared liability in AB 70.

Set priorities for short-term and long-term flood safety improvements. Current bond funds for flood protection must be spent wisely. Short term priorities should be to minimize failures in heavily urbanized areas by funding projects such as levee maintenance and acquisition of flood easements. An important longer term priority is to improve the capacity of the state flood infrastructure to direct flood flows away from urban areas, while also meeting other objectives such as preserving wetland and riparian habitats. AB 1452 (Wolk) offers guidance for appropriate priorities.

Promote local flood safety and emergency planning. Cities and counties must not assume that levee protection is assured protection, but rather should take an active part in flood safety by developing emergency plans and making sure that residents understand what to do in case of flooding. In AB 156, Assemblymember Laird addresses this local responsibility.

Wish us luck as we head into the bodyshop?

Gary Patton is the Executive Director of the Planning and Conservation League, a statewide, nonprofit lobbying organization. For more than thirty years, PCL has fought to develop a body of environmental laws in California that is the best in the United States. PCL staff review virtually every environmental bill that comes before the California Legislature each year. It has testified in support or opposition of thousands of bills to strengthen California's environmental laws and fight off rollbacks of environmental protections.

Posted on July 20, 2007

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