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.

This bill would repeal those provisions and instead would require the department to inspect dams, reservoirs, and appurtenant structures once per fiscal year with the exception of low hazard potential dams which the bill would require to receive inspections at least every 2 fiscal years, as specified. The bill would require the owner of a dam to operate critical outlet and spillway control features on an annual basis and to demonstrate their full operability in the presence of the department every 3 years or as directed by the department. The bill would provide that the dam inspection reports are public records subject to the California Public Records Act and would authorize the department to withhold from public release sensitive data, images, or other information, as prescribed, if the department includes in the public release a statement of findings that the withheld information would disclose a dams vulnerability or pose a security threat. The bill would require the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations to, on or before January 1, 2019, and every 10 years thereafter, propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. The bill would require the department to provide on its Internet Web site the dam safety inspection and reevaluation protocols, notice of the Division of Safety of Dams intent to update the protocols, a schedule for the update, and any updates to the protocols. The bill would require the department to report to the Governor and the Legislature on amendments developed pursuant to these provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This bill would declare that it is to take effect immediately as an urgency statute.

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.

This bill would repeal those provisions and instead would require the department to inspect dams, reservoirs, and appurtenant structures once per fiscal year with the exception of low hazard potential dams which the bill would require to receive inspections at least every 2 fiscal years, as specified. The bill would require the owner of a dam to operate critical outlet and spillway control features on an annual basis and to demonstrate their full operability in the presence of the department every 3 years or as directed by the department. The bill would provide that the dam inspection reports are public records subject to the California Public Records Act and would authorize the department to withhold from public release sensitive data, images, or other information, as prescribed, if the department includes in the public release a statement of findings that the withheld information would disclose a dams vulnerability or pose a security threat. The bill would require the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations to, on or before January 1, 2019, and every 10 years thereafter, propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. The bill would require the department to provide on its Internet Web site the dam safety inspection and reevaluation protocols, notice of the Division of Safety of Dams intent to update the protocols, a schedule for the update, and any updates to the protocols. The bill would require the department to report to the Governor and the Legislature on amendments developed pursuant to these provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This bill would declare that it is to take effect immediately as an urgency statute.

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.

This bill would repeal those provisions and instead would require the Division of Safety of Dams department to inspect dams, reservoirs, and critical appurtenant structures within its jurisdiction once per fiscal year with the exception of low hazard potential dams which the bill would require to receive inspections, at a minimum, inspections at least every two 2 fiscal years, as specified. The bill would require the owner of a dam to operate critical outlet and spillway control features on an annual basis and to demonstrate their full operability in the presence of the department every 3 years or as directed by the department. The bill would provide that the dam inspection reports are public records subject to the California Public Records Act. Act and would authorize the department to withhold from public release sensitive data, images, or other information, as prescribed, if the department includes in the public release a statement of findings that the withheld information would disclose a dams vulnerability or pose a security threat. The bill would require the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations to, on or before January 1, 2019, and every ten 10 years thereafter, propose amendments to its existing dam safety regulations inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. The bill would require the department to provide on its Internet Web site the dam safety inspection and reevaluation protocols, notice of the Division of Safety of Dams intent to update the protocols, a schedule for the update, and any updates to the protocols. The bill would require the Division of Safety of Dams department to report to the Governor, the Legislature, and the department Governor and the Legislature on amendments developed pursuant to these provisions. provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols.

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.

This bill would repeal those provisions and instead would require the Division of Safety of Dams to inspect dams, reservoirs, and critical appurtenant structures within its jurisdiction once per fiscal year with the exception of low hazard potential dams which the bill would require to receive inspections, at a minimum, every two fiscal years, as specified. The bill would provide that the dam inspection reports are public records subject to the California Public Records Act. The bill would require the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations to, on or before January 1, 2019, and every ten years thereafter, propose amendments to its existing dam safety regulations to incorporate updated best practices, including risk management, to ensure public safety. The bill would require the Division of Safety of Dams to report to the Governor, the Legislature, and the department on amendments developed pursuant to these provisions.

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 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.

This bill would require the department department, at the expense of dam owners, to inspect dams, reservoirs, and critical appurtenant structures with a hazard classification of significant or higher at least once per fiscal year and those structures with a hazard classification of low at least once every 2 fiscal years to determine their safety, as prescribed. The bill would require the department to post make all dam inspection reports on its Internet Web site from at least the previous 10 years for dams classified as extremely high hazard or high hazard. completed after January 1, 2018, publicly available.

Existing law establishes the California Water Commission, consisting of 9 members who are appointed to 4-year terms by the Governor, in the Department of Water Resources.

This bill, on or before January 1, 2019, and every 3 years thereafter, would require the commission, in consultation with the Center for Catastrophic Risk Management at the University of California, Berkeley to conduct a review regarding state-operated and state-maintained dams and reservoirs, as specified. The bill would require the commission to report its findings from the review, including any recommendations it deems appropriate, to the department and the Legislature.

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. to inspect dams, reservoirs, and critical appurtenant structures with a hazard classification of significant or higher at least once per fiscal year and those structures with a hazard classification of low at least once every 2 fiscal years to determine their safety, as prescribed. The bill would require the department to post dam inspection reports on its Internet Web site from at least the previous 10 years for dams classified as extremely high hazard or high hazard.

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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1270

Author:(Gallagher)

As Amended Ver:January 22, 2018

2/3 vote. Urgency

Original Committee Reference: W., P., & W.

SUMMARY: This bill provides for the Department of Water Resources (DWR) to inspect dams, reservoirs, and appurtenant structures annually, with certain exemptions, and requires reporting and updates to dam safety regulations.

The Senate amendments are substantive, and, among other things:

1. Repeal provisions related to dam safety and inspection, and instead would require the DWR to inspect dams, reservoirs, and appurtenant structures within its jurisdiction every fiscal year if the facility is classified as significant, high, or extremely high hazard, and every two fiscal years if the facility is classified as low hazard. Inspections must include visual inspection as well as review of geologic data, evaluation of seepage, among others.
2. Require annual operation of critical outlet and spillway control features, and demonstration of the operability of these features in the presence of the DWR every three years or as directed by the DWR.
3. Provide that the dam inspection reports are public records subject to the California Public Records Act and would authorize the department to withhold from public release certain sensitive data related to certain security threats.
4. Require the DWR, in consultation with independent, national dam safety and dam safety risk management organizations to, on or before January 1, 2019, and every 10 years thereafter, propose amendments to its existing dam safety protocols to incorporate updated best practices, including risk management, to ensure public safety. This information would be required to be placed on the DWR Internet Web site.
5. Require the DWR to report to the Governor and the Legislature on amendments developed pursuant to these provisions.

EXISTING LAW:

1. Requires the DWR to, from time to time, make inspections of dams and reservoirs at state expense, for the purpose of determining their safety.
2. Requires owners of dams to disclose information sufficient to enable the DWR to determine conditions of dams and reservoirs in regard to their safety.
3. Requires owners of dams, to perform at their expense, other work necessary to secure maintenance and operation which will safeguard life and property.
4. Allows the DWR to require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations.
5. Requires the DWR to issue such rules and regulations and orders as necessary to secure maintenance and operation, and to require staffing and engineering and geologic investigations, which will safeguard life and property.
6. Requires the owner of a dam or reservoir or his agent to fully and promptly advise the DWR of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir.
7. Allows the DWR to charge fees to recoup its costs relative to the Division of Dam Safety.
8. This year's resources trailer bill, among other things, requires the DWR, not later than July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Increased annual DWR costs of $1 million (General Fund) for costs associated with inspections of dams for which DWR is responsible.
2. Unknown increased annual General Fund costs, likely in the $100,000 to $150,000 range to prepare and submit the required report.

COMMENTS:

Background: Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams.

There are 1,250 dams in California subject to the program and are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and, low hazard (289). Two dams are under review for classification.

The current inspection process focuses heavily on the dam itself and includes a visual inspection of the appurtenant structures. The re-evaluation component of the program over the last 10 years has focused on the highest risk to California dams including a seismic re-evaluation of dams in areas that have a high probability of a major earthquake occurring. The recent seismic re-evaluation program has led to over $1 billion in repairs to dams.

Emergency Action Plans (EAPs). EAPs are a critical component of a strong dam safety program. The plans outline the steps that are taken to protect life and property. They include components of detection measures through inspections and maintenance, determinations of emergency levels based upon the threat of flooding, notification protocols for local government and the public, and other preventive measures dam owners/operators can take. The emergency plans utilize dam inundation mapping to guide actions and notification protocols since they show the potential area of flooding and its impacts.

Inundation Maps. Inundation maps which provide the basis for Emergency Action Plans, are maps that show where flooding may occur should a flood control system fail. The inundation map includes downstream effects and shows the probable path by water released due to the failure of a dam or from abnormal flood flows released through a dam's spillway and/or other appurtenant works. These maps are currently only required for a sunny day full dam failure scenario, and do not take into account a failure of an appurtenant structure or failure of downstream flood facilities, such as a levee breach. Additional inundation maps are also needed for other critical flow control structures and saddle dams, which will be identified by the DWR. The DWR Division of Safety of Dams currently has no enforcement power to mandate completion of Emergency Action Plans or inundation maps.

These maps are created at the time a dam is built or enlarged and are only required for a complete sunny day dam failure scenario. They do not take into account a failure of an appurtenant structure as occurred at Oroville. The DWR Division of Safety of Dams currently has no enforcement power to mandate completion of Emergency Action Plans or inundation maps.

Related Legislation:

Related Trailer Bill Passed in June 2017. SB 92 (Committee on Budget), Chapter 26, Statutes of 2017, is the Resources and Environmental Protection Trailer Bill. This bill, after extensive hearings on dam safety, including a May 11, 2017, joint hearing on the Oroville Dam disaster with Assembly Budget Subcommittee No. 3, Water, Parks and Wildlife Committee, and the Accountability and Administrative Review Committee, was passed and signed by the Governor, in part in response to the issues raised in that hearing.

SB 92, among other things:

1. Requires the DWR to complete a reconnaissance of the geologic, hydraulic, hydrological, and structural adequacy of the identified 108 largest spillways in the state by October 1, 2017. By January 1, 2018, the DWR shall complete a thorough site investigation and evaluation of those spillways that are found to be potentially at risk. Immediate action such as emergency repairs or reservoir operation restrictions will be required of dam owners as necessary to reduce the risk of any spillway identified to be in poor condition as a result of the study. The DWR shall complete evaluations of the remaining spillways by January 1, 2019, and direct dam owners to make required repairs or restrict reservoir operations as needed.
2. Proposes the DWR re-classify jurisdictional dams as extremely high, high, significant or low risk. The DWR will require inundation maps and Emergency Action Plans for all jurisdictional dams allowing a waiver for low hazard dams. During regular inspections, the DWR will track any dams where the hazard classification has changed and reassess the waiver as necessary.
3. Requires the DWR to identify which scenarios beyond a complete dam failure require a separate inundation map. The dam owner will create the inundation map and submit the map to the DWR, which then will be reviewed and approved by the DWR's Division of Flood Management. The approved maps will then be posted publicly on DWR's website and linked to the California Office of Emergency Services (Cal OES) website.
4. Dam owners will be responsible for creating Emergency Action Plans in accordance with federal guidelines and based on their updated inundation maps. The Cal OES will provide guidelines regarding the coordination between dam owners and local emergency management agencies to create local emergency response plans. Dam owners will submit the plans through the DWR, who will work with the Cal OES to review and confirm that plan components are acceptable for incorporation into and to guide local emergency response plans.

The dam owner will send the final Emergency Action Plans and inundation map to the DWR, the Cal OES and local emergency management agencies. The Cal OES will coordinate emergency response drills with dam owners and local emergency management agencies. The dam owner will be required to update the Emergency Action Plans regularly in accordance with federal guidelines and update the inundation maps every 10 years or sooner if there is a change in dam status or change in downstream risk.

1. Provides the DWR additional enforcement power over dam owners who are not complying with the new emergency plan/inundation maps requirements. The trailer bill also revises the Water Code to incorporate penalties such as fines and reservoir operation restrictions when dam owners violate the DWR's directives and orders.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0002567

 THIRD READING  

Bill No: AB 1270

Author:

Amended: 1/22/18 in Senate

Vote: 27- Urgency

SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/27/17

AYES: Hertzberg, Stone, Allen, Atkins, Hueso, Jackson, Stern, Vidak

NO VOTE RECORDED: Monning

ASSEMBLY FLOOR: 77-0, 5/30/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill outlines requirements related to inspecting state water infrastructure.

Senate Floor Amendments of 1/22/18 rewrite the provisions governing the frequency of dam inspections, duties of dam owners regarding testing critical dam features, and the public availability of dam reports.

ANALYSIS:

Existing law:

1. Requires, pursuant to this year’s resources trailer bill, SB 92 (Committee on Budget and Fiscal Review, Chapter 26, Statutes of 2017), among other things, the Department of Water Resources (DWR), not later than July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.
2. Requires DWR “from time to time” to inspection dams and reservoirs at state expense to determining their safety:
   1. Dam and reservoir owners are required to perform at their expense such work as necessary to disclose sufficient information to enable DWR asses the safety of the dam and reservoir.
   2. Dam and reservoir owners are further required perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.
3. Requires, pursuant to existing constitutional provisions, that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill:

1. Requires DWR to inspect dams, reservoirs, and critical appurtenant structures within its jurisdiction once per fiscal year with the exception of low hazard potential dams which shall receive inspections, at a minimum, every two fiscal years.
   1. Requires require owners to disclose information sufficient to enable DWR to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property.
   2. Requires the inspection to include, but are not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection is to also evaluate seepage conditions and available instrumentation and geological data, as applicable.
   3. Establishes that dam inspection reports are public records subject to the California Public Records Act. However, DWR, may withhold from public release sensitive data, images, or other information, as prescribed, if the department includes in the public release a statement of findings that the withheld information would disclose a dam’s vulnerability or pose a security threat.
2. Requires DWR, by January 1, 2019, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, to propose amendments to its existing dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety.
   1. Requires each proposed amendment, at minimum, to provide an estimated range of potential cost to implement the new protocol and resulting required remediation, if any. The proposed amendments shall specify which dams the regulation applies to.
   2. Requires the regulations to provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated.
   3. Requires DWR, every 10 years, in consultation with national dam safety organizations, to reassess the previously adopted amendments and propose additional amendments as necessary.
   4. Requires DWR to make its dam safety inspection and reevaluation protocols and any updates to the protocols available on its Internet Web site.
3. Makes findings establishing the state’s interest in limiting public access to information that would disclose a dam’s vulnerability or pose a security threat.
4. Declares that it is to take effect immediately as an urgency statute.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

1. Increased annual DWR costs of $1 million (General Fund) for costs associated with inspections of dams for which DWR is responsible.
2. Unknown increased annual GF costs, likely in the $100,000 to $150,000 range to prepare and submit the required report.

SUPPORT: (Verified 1/26/18)

Butte County Office of Education

California-Nevada Conference of Operating Engineers

Citizens for Fair and Equitable Recreation Use of Lake Oroville

State Building and Construction Trades Council

OPPOSITION: (Verified 1/23/18)

None received

ARGUMENTS IN SUPPORT: According to the author, “The February 7th failure of the Oroville spillway and consequent utilization of the emergency spillway resulted in the evacuation of almost 200,000 people and millions in infrastructure damage to the facilities at Oroville and downstream levees. The disaster jeopardized lives, property, and California’s water supply and conveyance system. The crisis highlighted that more has to be done to ensure we are taking care of our water infrastructure. As the population continues to grow and Californians rely more and more on an aging infrastructure, ensuring proper inspection and maintenance of critical dams and reservoirs is paramount.”

ASSEMBLY FLOOR: 77-0, 5/30/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Chau, Choi, Eggman

Prepared by:

1/26/18 11:18:19

**** END ****

 THIRD READING  

Bill No: AB 1270

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/27/17

AYES: Hertzberg, Stone, Allen, Atkins, Hueso, Jackson, Stern, Vidak

NO VOTE RECORDED: Monning

ASSEMBLY FLOOR: 77-0, 5/30/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill outlines requirements related to inspecting state water infrastructure.

ANALYSIS:

Existing law:

1. Requires, pursuant to this year’s resources trailer bill, SB 92 (Committee on Budget and Fiscal Review, Chapter 26, Statutes of 2017), among other things, the Department of Water Resources (DWR), not later than July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.
2. Requires DWR “from time to time” to inspection dams and reservoirs at state expense to determining their safety:
   1. Dam and reservoir owners are required to perform at their expense such work as necessary to disclose sufficient information to enable DWR asses the safety of the dam and reservoir.
   2. Dam and reservoir owners are further required perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.

This bill:

1. Requires DWR to inspect dams, reservoirs, and critical appurtenant structures within its jurisdiction once per fiscal year with the exception of low hazard potential dams which shall receive inspections, at a minimum, every two fiscal years.
   1. Requires the inspection to include, but are not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection is to also evaluate seepage conditions and available instrumentation and geological data, as applicable.
   2. Establishes that dam inspection reports are public records subject to the California Public Records Act. However, a dam owner may consult with the department regarding sensitive data, images, or other information that may disclose a dam’s vulnerability, or may pose security threats.
2. Requires DWR, by January 1, 2019, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, to propose amendments to its existing dam safety regulations to incorporate updated best practices, including risk management, to ensure public safety.
   1. Requires each proposed amendment, at minimum, to provide an estimated range of potential cost to implement the new regulation and resulting required remediation, if any. The proposed amendments shall specify which dams the regulation applies to.
   2. Requires the regulations to provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated.
   3. Requires DWR, every 10 years, in consultation with national dam safety organizations, to reassess the previously adopted amendments and propose additional regulatory amendments as necessary.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

1. Increased annual DWR costs of $1 million (General Fund) for costs associated with inspections of dams for which DWR is responsible.
2. Unknown increased annual GF costs, likely in the $100,000 to $150,000 range to prepare and submit the required report.

SUPPORT: (Verified 9/15/17)

California-Nevada Conference of Operating Engineers

Metropolitan Water District of Southern California

State Building and Construction Trades Council

OPPOSITION: (Verified 9/15/17)

None received

ARGUMENTS IN SUPPORT: According to the author, “The February 7th failure of the Oroville spillway and consequent utilization of the emergency spillway resulted in the evacuation of almost 200,000 people and millions in infrastructure damage to the facilities at Oroville and downstream levees. The disaster jeopardized lives, property, and California’s water supply and conveyance system. The crisis highlighted that more has to be done to ensure we are taking care of our water infrastructure. As the population continues to grow and Californians rely more and more on an aging infrastructure, ensuring proper inspection and maintenance of critical dams and reservoirs is paramount.”

ASSEMBLY FLOOR: 77-0, 5/30/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Chau, Choi, Eggman

Prepared by:

9/15/17 18:18:20

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1270 (Gallagher) - Dams and reservoirs: inspections and reporting

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1270 outlines requirements related to inspecting state water infrastructure.

Fiscal Impact:

1. Increased annual Department of Water Resources (DWR) costs of $1 million (General Fund) for costs associated with inspections of dams for which DWR is responsible.
2. Unknown increased annual GF costs, likely in the $100,000 to $150,000 range to prepare and submit the required report.

Background:

Existing law. Current law requires California Water Commission (CWC), among other things, to annually review the state water project, and report its finding and recommend to the DWR and the Legislature. It also requires DWR “from time to time” to inspect dams and reservoirs at state expense to determining their safety. Dam and reservoir owners must disclose, at their expense, sufficient information for DWR to assess the safety of the dam and reservoir. They are further required to maintain and operate the dam and reservoir in a manner which will safeguard life and property.

Oroville Dam. On February 7, 2017, with heavy rains and runoff impacting reservoir levels at Oroville Reservoir, DWR increased flows through its main spillway to 54,500 cubic feet per second (cfs). A large amount of debris was found coming out of the spillway and, after shutting down the spillway, authorities discovered a massive break in the spillway. As inflows increased, the lake reached capacity at 901 feet and water began flowing over the emergency spillway for the first time in history. Erosion progressed rapidly up the hillside on the emergency spillway and, on February 12, 188,000 people in towns downstream were evacuated due to the possibility of a failure of the emergency spillway.

DWR Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams.

There are 1,250 dams in California subject to the program and are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and, low hazard (289). Two dams are under review for classification.

The current inspection process focuses heavily on the dam itself and includes a visual inspection of the appurtenant structures. The re-evaluation component of the program over the last 10 years has focused on the highest risk to California dams including a seismic re-evaluation of dams in areas that have a high probability of a major earthquake occurring. The recent seismic re-evaluation program has led to over $1 billion in repairs to dams.

Proposed Law:

This bill:

1. Requires the CWC, in consultation with the Center for Catastrophic Risk Management at UC Berkeley to, beginning by January 1, 2019, triennially review and report to DWR and the Legislature on, state-operated and state-maintained dams and reservoirs, to assess the following:
   • 1. Whether the inspection and regulation of the dam is adequate and effective.
     2. The status of maintenance and improvement projects, including recommendations to address long-term infrastructure improvement needs and issues identified in inspection reports.
     3. Any recommendations deemed necessary.
2. Adds the inspection requirements, critical appurtenant structures, such as spillways and other outlet works.
3. Changes the frequency of DWR’s inspection from “time to time” to the following
   1. At least once per fiscal year for dams and critical appurtenant structures with a hazard classification of very high, high, and significant.
   2. At least once per fiscal year for dams and critical appurtenant structures with a hazard classification of low.
4. Requires inspections of dams and critical appurtenant structure with a hazard classification of significant or higher to include visual inspections, full length examinations of spillways, geotechnical testing, evaluation of any seepage or drainage issues, underwater inspections, nondestructive tests, and additional data gathering when necessary.
5. Require DWR to post dam inspection reports for extremely high hazard and high hazard dams on its internet website dating back at least ten years.

Related Legislation:

SB 92 (Committee on Budgets, 2017) among other things, requires DWR, by July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.

Staff Comments:

Purpose of the bill. According to the author, we must ensure that we do everything in our power to prevent another emergency like the one that occurred at the Oroville Dam.  Most of our dams and reservoirs are over half a century old, and many are considered high-risk.   The Oroville spillway was last physically inspected by DWR on Feb. 3, 2015.  More thorough and frequent inspections could have revealed weaknesses that may have prevented the spillway failure. 

The author further contends this bill will require DWR to perform annual visual and physical inspections of dams and reservoirs.  Additionally, the bill requires DWR, on an annual basis, to submit a 5-year infrastructure improvement, maintenance, and funding plan for dams and reservoirs maintained by the State.  Proper inspection and maintenance of critical dams and reservoirs that we rely on is paramount, and AB 1270 strengthens inspections while giving leaders tools to ensure State infrastructure is properly funded, operated, and maintained.

Significantly increases inspection activities. DWR currently performs visual inspections of dams and reservoirs (essentially walks the tops, sides, bases, and various interior chambers looking for anything of concern). This bill additionally requires DWR to, among others, inspect critical appurtenant structures and examine the full length of spillways, conduct geotechnical testing, and evaluate any seepage or drainage issues.

Staff notes the Senate Natural Resources and Water analysis, which questions whether all dams, reservoirs, and critical appurtenant structures require the outlined inspection methods each year. To the extent that these measures do not increase public safety and dam integrity, they are an inefficient use of public funds and resources that may redirect DWR resources away from higher priority items or those impacting public safety.

DWR Fiscal. According to DWR, there are 23 dams associated with the State Water Project for which DWR has at least partial responsibility for operation and maintenance.  Much of the work would be completed by consultants, and some may need to be visited and “re-inspected” to see if in fact the initial inspection by was adequate.  Inspections can take up to 16 hours total at a rate of approximately $300 per hour. DWR staff would also require travel expenses and per diem for several days, potentially equaling several hundred dollars per day.

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB 1270 Hearing Date: June 27, 2017

Subject: Dams and reservoirs: inspections and reporting

BACKGROUND AND EXISTING LAW

1. Current law requires the California Water Commission (CWC), among other things, to:
   1. Conduct an annual review of the progress of construction and operation of the state water project,
   2. Report on its findings to the Department of Water Resources (DWR) and to the Legislature,
   3. Include in the report whatever recommendations it deems appropriate.
2. This year’s resources trailer bill, SB 92, among other things, requires DWR, not later than July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.
3. Current law also requires DWR “from time to time” to inspection dams and reservoirs at state expense to determining their safety.
   1. Dam and reservoir owners are required to perform at their expense such work as necessary to disclose sufficient information to enable DWR asses the safety of the dam and reservoir.
   2. Dam and reservoir owners are further required perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.

PROPOSED LAW

This bill, as proposed to be amended by the author per the attached mock-up, would:

1. Require the CWC, in consultation with the Center for Catastrophic Risk Management at UC Berkeley, to:
   1. Conduct a review, by January 1, 2019 and every three years thereafter, of state operated and state maintained dams and reservoirs. The review would be required to assess the following:
      1. The adequacy and efficacy of inspections and the regulation of dam safety by the Division of Safety of Dams and the Federal Energy Regulatory Commission Division of Dam Safety.
      2. The status of maintenance and improvement projects, including recommendations to address long-term infrastructure improvement needs and issues identified in inspection reports.
   2. Report its finding to the DWR and to the Legislature
   3. Include in the report whatever recommendations it deems appropriate.
2. Add to the inspection of dams and reservoirs critical appurtenant structures, such as spillways and other outlet works.
3. Change the frequency of DWR’s inspection from “time to time” to the following
   1. At least once per fiscal year for dams and critical appurtenant structures with a hazard classification of very high, high, and significant.
   2. At least once per fiscal year for dams and critical appurtenant structures with a hazard classification of low.
4. Require the inspection of a dam and critical appurtenant structure with a hazard classification of significant or higher to include visual inspections, full length examinations of spillways, geotechnical testing, evaluation of any seepage or drainage issues, underwater inspections, nondestructive tests, and additional data gathering when necessary.
5. Require DWR to post dam inspection reports for extremely high hazard and high hazard dams on its internet website dating back at least ten years.

ARGUMENTS IN SUPPORT

According to the author, “The February 7th failure of the Oroville spillway and consequent utilization of the emergency spillway resulted in the evacuation of almost 200,000 people and millions in infrastructure damage to the facilities at Oroville and downstream levees. The disaster jeopardized lives, property, and California’s water supply and conveyance system. The crisis highlighted that more has to be done to ensure we are taking care of our water infrastructure. As the population continues to grow and Californians rely more and more on an aging infrastructure, ensuring proper inspection and maintenance of critical dams and reservoirs is paramount. 1,100 of California’s 1,585 dams were built before 1969. Moreover, as the population around many of these dams has increased, dams that were previously low-risk have become high-risk.

“The Oroville spillway was last physically inspected by DWR on Feb. 3, 2015. Later inspections only involved viewing the spillway from a distance, but officials did not walk on the spillway to examine it more closely. Additionally, current law only requires inspections “from time to time.” AB 1270 would address these deficiencies by codifying a clear inspection schedule while setting standards for what must be included during an inspection such as full length examinations of spillways, geotechnical testing, and evaluation of seepage and drainage issues, among other requirements. The bill would also ensure transparency by making these inspection reports available for public review.

“Finally, AB 1270 would require the California Water Commission to conduct a review of state operated and maintained dams and reservoirs to determine the efficacy of inspections and to make recommendations to address long-term infrastructure improvement needs. Proper inspection and maintenance of the dams and reservoirs we rely on is paramount, and AB 1270 strengthens inspections while giving leaders tools to ensure State infrastructure is properly funded, operated, and maintained.”

ARGUMENTS IN OPPOSITION: None received

COMMENTS

Time To End “Time To Time.” Currently, DWR tries to inspect each dams at least once per fiscal year. This bill essentially codifies standard practice.

Center For Catastrophic Risk Management (CCRM). UC Berkley’s CCRM is a group of internationally recognized experts in the fields of engineering, social science, medicine, public health, public policy, and law which was formed following Hurricane Katrina to formulate ways for researchers and experts to share their lifesaving knowledge and experience with industry and government. Professor Robert Bea of the Center was a recent witness at the Assembly Water, Parks, and Wildlife Committee’s May 11 hearing on Oroville Dam.

Much Greater Inspection Activities. Currently, DWR performs visual inspections of dams and reservoirs, meaning they walk the tops, sides, bases, and various interior chambers looking for anything of concern. This bill requires DWR, in addition to inspecting the dam and reservoir, to also inspect critical appurtenant structures. Also, in addition to visual inspections, this bill requires full length examinations of spillways, geotechnical testing, evaluation of any seepage or drainage issues, underwater inspections, nondestructive tests, and additional data gathering when necessary. It is not clear if all dams, reservoirs, and critical appurtenant structures require all these inspection methods each year. This could lead to unnecessary tests and, as inspections are done at state expense, unnecessary expense. This is an issue the Appropriations Committee will likely explore further, should this committee pass this bill.

Disclosing Information on Critical Infrastructure. This bill requires DWR to post dam inspection reports for extremely high hazard and high hazard dams on its internet website dating back at least ten years. The Federal Energy Regulatory Commission (FERC) has regulations against disclosing Critical Energy Infrastructure Information (CEII), which has led to some information regarding restoring Oroville Dam being redacted. It is not clear if disclosing inspection reports for extremely high hazard and high hazard dams on its internet website will cause conflicts with FERC regulations.

SUGGESTED AMENDMENTS: None

SUPPORT

Metropolitan Water District of Southern California

OPPOSITION

None Received

-- END –

Mock-up of AB-1270 as intended to be amended by the author

Mock-up based on Version Number 98 - Amended Assembly 3/21/17

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:

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

(2) Every municipal or quasi-municipal corporation.

(3) Every public utility.

(4) Every district.

(5) Every person.

(6) Every joint powers authority.

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

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

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

SECTION 1. Section 165.5 of the Water Code is added to read:

165.5 (a) On or before January 1, 2019 and every three years thereafter the California Water Commission, in consultation with the Center for Catastrophic Risk Management at UC Berkeley, shall conduct a review regarding state operated and state maintained dams and reservoirs that includes the following:

(1) The adequacy and efficacy of inspections and the regulation of dam safety by the Division of Safety of Dams and the Federal Energy Regulatory Commission Division of Dam Safety.

(2) The status of maintenance and improvement projects, including recommendations to address long-term infrastructure improvement needs and issues identified in inspection reports.

(b) The Commission shall report its finding to the department and to the Legislature, together with whatever recommendations it deems appropriate.

SEC. 2. Section 6102 of the Water Code is amended to read:

6102. (a) The department shall inspect dams, reservoirs, and critical appurtenant structures, at least annually, shall make visual and physical inspections of dams and reservoirs at state expense for the purpose of determining their safety pursuant to subdivision (b). 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 dams, reservoirs, and critical appurtenant structures in regard to the safety of the dam, reservoir, and critical appurtenant structures or reservoir and shall perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property.

(b)(1) The department shall inspect dams and critical appurtenant structures with a hazard classification of significant or higher at least once per fiscal year to determine their safety.

(2) The department shall inspect dams and critical appurtenant structures with a hazard classification of low at least once every two fiscal years to determine their safety.

(c) The inspection of a dam and critical appurtenant structure with a hazard classification of significant or higher shall include visual inspections, full length examinations of spillways, geotechnical testing, evaluation of any seepage or drainage issues, underwater inspections, nondestructive tests, and additional data gathering when necessary.

(d) The department shall post dam inspection reports for extremely high hazard and high hazard dams on its internet website dating back at least ten years.

(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.

ASSEMBLY THIRD READING

ATR Bill Id:AB 1270

Author:(Gallagher)

As Amended Ver:March 21, 2017

Majority vote

SUBJECT: Dams and reservoirs: inspections and reporting

SUMMARY: Requires annual physical inspection of dams. Specifically, this bill:

1. Requires the Department of Water Resources (DWR), Division of Dam Safety, to make annual physical inspection of dams and reservoirs for purpose of determining their safety.
2. Requires owners and operators of dams to perform, at the owner's expense, work necessary to secure maintenance and operation that will safeguard life and property.
3. Requires the DWR to, annually, starting on January 1, 2019, submit a report to the Legislature that:
   1. Includes a five-year infrastructure improvement, maintenance, and funding plan for state-operated and state-maintained dams and reservoirs.
   2. Is updated to reflect the anticipated maintenance and infrastructure improvement costs.
   3. Is submitted in compliance with Government Code Section 9795 which specifies recipients and method of public posting of the document.

EXISTING LAW:

1. Requires the DWR to, from time to time, make inspections of dams and reservoirs at state expense, for the purpose of determining their safety.
2. Requires owners of dams to disclose information sufficient to enable the department to determine conditions of dams and reservoirs in regard to their safety.
3. Requires owners of dams, to perform at their expense, other work necessary to secure maintenance and operation which will safeguard life and property.
4. Allows the DWR to require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations.
5. Requires the DWR to issue such rules and regulations and orders as necessary to secure maintenance and operation, and to require staffing and engineering and geologic investigations, which will safeguard life and property.
6. Requires the owner of a dam or reservoir or his agent to fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir.
7. Allows the DWR to charge fees for to recoup its costs relative to the Division of Dam Safety.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Increased annual DWR GF costs of $750,000 for additional staff to physically inspect all dams and reservoirs once a year for safety. According to DWR, current inspections are in the 12 to 14 month range.
2. Unknown, potentially significant maintenance costs borne by owners (some dams and reservoirs are owned by the state.)
3. Unknown increased annual GF costs, likely in the $100,000 to $150,000 range to prepare and submit the required report.

COMMENTS:

Flood Conditions in 2017. The heavy rainstorms in recent months mostly ended the five-year drought in Northern California. Much of the Sierra Nevada saw its rainiest and snowiest October-February period on record. The heavy precipitation has caused flooding, levee breaks, and sinkholes throughout the state. Snowpack has been measured at over 160% of normal water content. Even after the rains stops, the record high snowpack in the mountains could potentially generate equally big flows in the summer.

Oroville Dam Disaster. On February 7, 2017, with heavy rains and runoff impacting reservoir levels at Oroville Reservoir, the DWR increased flows through its main spillway to 54,500 cubic feet per second (cfs). A large amount of debris was found coming out of the spillway and, after shutting down the spillway, authorities discovered a massive break in the spillway. As inflows increased, the lake reached capacity at 901 feet and water began flowing over the emergency spillway for the first time in history. Erosion progressed rapidly up the hillside on the emergency spillway and, on February 12, 188,000 people in towns downstream were evacuated due to the possibility of a failure of the emergency spillway.

The DWR then increased flows over the broken main spillway to 100,000 cfs with continued heavy inflows. Water levels decreased and, on February 14, residents were allowed to return to their homes. Over the next few months, the DWR primarily used the broken main spillway to lower lake levels. Periodic shutdowns were required in order to clear debris from the base of the dam which was impacting the ability to release water through the main hydropower plant at the base of the dam itself.

The DWR has, as of April 2017, sought bids to repair the main spillway over a two-year period, shored up the emergency spillway, and brought the main hydropower plant back online.

DWR Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams.

There are 1,250 dams in California subject to the program and are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and, low hazard (289). Two dams are under review for classification.

The current inspection process focuses heavily on the dam itself and includes a visual inspection of the appurtenant structures. The re-evaluation component of the program over the last 10 years has focused on the highest risk to California dams including a seismic re-evaluation of dams in areas that have a high probability of a major earthquake occurring. The recent seismic re-evaluation program has led to over $1 billion in repairs to dams.

Emergency Action Plans (EAPs). EAPs are a critical component of a strong dam safety program. The plans outline the action steps that are taken to protect life and property. They include components of detection measures through inspections and maintenance, determinations of emergency levels based upon the threat of flooding, notification protocols for local government and the public, and other preventive measures dam owners/operators can take. The emergency plans utilize dam inundation mapping to guide actions and notification protocols since they show the potential area of flooding and its impacts.

Inundation Maps. Inundation maps which provide the basis for Emergency Action Plans, are maps that show where flooding may occur should a flood control system fail. The inundation map includes downstream effects and shows the probable path by water released due to the failure of a dam or from abnormal flood flows released through a dam's spillway and/or other appurtenant works. These maps are currently only required for a sunny day full dam failure scenario, and do not take into account a failure of an appurtenant structure or failure of downstream flood facilities, such as a levee breach. Additional inundation maps are also needed for other critical flow control structures and saddle dams, which will be identified by the DWR. The DWR Division of Safety of Dams currently has no enforcement power to mandate completion of Emergency Action Plans or inundation maps.

Governor's April March Trailer Bill Proposal. Partially in response to the Oroville Dam disaster, but also in response to multiple dam and flood safety issues related to the heavy rains and snows, the Governor proposed a series of actions in March 2017 to address flood and dam safety issues. Pertinent to the discussion before the committee is a comprehensive proposal to overhaul the state's dam safety inspection program.

As described by the Assembly Budget Subcommittee No. 3 at their March 22 hearing:

1. With the requested resources, the Governor proposes for the DWR to do a complete reconnaissance of the geologic, hydraulic, hydrological, and structural adequacy of the identified 108 largest spillways in the state by October 1, 2017. By January 1, 2018, the DWR will complete a thorough site investigation and evaluation of those spillways that are found to be potentially at risk. Immediate action, such as emergency repairs or reservoir operation restrictions, will be required of dam owners as necessary to reduce the risk of any spillway identified to be in poor condition as a result of the study. The DWR will complete evaluations of the remaining spillways by January 1, 2019, and direct dam owners to make required repairs or restrict reservoir operations as needed.
2. The Governor proposes for the DWR to re-classify jurisdictional dams as extremely high, high, significant or low risk. The DWR will require inundation maps and Emergency Action Plans for all jurisdictional dams allowing a waiver for low hazard dams. During regular inspections, the DWR will track any dams where the hazard classification has changed and reassess the waiver as necessary.
3. The DWR will identify which scenarios beyond a complete dam failure require a separate inundation map. The dam owner will create the inundation map and submit to the DWR, which will be reviewed and approved by the DWR's Division of Flood Management. The approved maps will then be posted publicly on the DWR’s website and linked to the Office of Emergency Services (Cal OES) website.
4. Dam owners will be responsible for creating Emergency Action Plans in accordance with federal guidelines and based on their updated inundation maps. Cal OES will provide guidelines regarding the coordination between dam owners and local emergency management agencies to create local emergency response plans. Dam owners will submit the plans through the DWR, who will work with Cal OES to review and confirm that plan components are acceptable for incorporation into, and to guide, local emergency response plans.
5. The dam owner will send the final Emergency Action Plans and inundation map to the DWR, Cal OES and local emergency management agencies.
6. Cal OES will coordinate emergency response drills with dam owners and local emergency management agencies. The dam owner will be required to update the Emergency Action Plans regularly in accordance with federal guidelines and update the inundation maps every ten years or sooner if there is a change in dam status or change in downstream risk.
7. The proposal will provide the DWR additional enforcement power over dam owners who are not complying with the new emergency plan/inundation maps requirements. The proposal will propose revisions to the Water Code to incorporate penalties, such as fines and reservoir operation restrictions, when dam owners violate DWR's directives and orders.

The proposal includes several deadlines requiring the DWR to:

1. By October 1, 2017, to complete a reconnaissance of the geologic, hydraulic, hydrological, and structural adequacy of the identified 108 largest spillways in the State.
2. By January 1, 2018, to complete a thorough site investigation and evaluation of those spillways that are found to be potentially at risk.
3. By January 1, 2019, to complete evaluations of the remaining spillways and direct dam owners to make required repairs or restrict reservoir operations.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0000575

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 1270 (

Author:Gallagher) – As Amended Ver:March 21, 2017

SUBJECT: Dams and reservoirs: inspections and reporting

SUMMARY: Requires annual physical inspection of dams. Specifically, this bill:

1. Requires the Department of Water Resources (DWR), Division of Dam Safety, to make annual physical inspection of dams and reservoirs for purpose of determining their safety.
2. Requires owners and operators of dams to perform, at the owner’s expense, work necessary to secure maintenance and operation that will safeguard life and property.
3. Requires the DWR to, annually, starting on January 1, 2019, submit a report to the Legislature that:
   1. Includes a five-year infrastructure improvement, maintenance, and funding plan for state-operated and state-maintained dams and reservoirs.
   2. Is updated to reflect the anticipated maintenance and infrastructure improvement costs.
   3. Is submitted in compliance with Government Code Section 9795 which specifies recipients and method of public posting of the document.

EXISTING LAW:

1. Requires the DWR to, from time to time, make inspections of dams and reservoirs at state expense, for the purpose of determining their safety.
2. Requires owners of dams to disclose information sufficient to enable the department to determine conditions of dams and reservoirs in regard to their safety.
3. Requires owners of dams, to perform at their expense, other work necessary to secure maintenance and operation which will safeguard life and property.
4. Allows the DWR to require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations.
5. Requires the DWR to issue such rules and regulations and orders as necessary to secure maintenance and operation, and to require staffing and engineering and geologic investigations, which will safeguard life and property.
6. Requires the owner of a dam or reservoir or his agent to fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir.
7. Allows the DWR to charge fees to recoup its costs relative to the Division of Dam Safety.

FISCAL EFFECT: Unknown

COMMENTS:

Author’s Statement:

Proper inspection and maintenance of critical dams and reservoirs that we rely on is paramount and AB 1270 strengthens inspections while giving leaders tools to ensure state infrastructure is properly funded, operated and maintained.

Flood Conditions in 2017. The heavy rainstorms in recent months mostly ended the five-year drought in Northern California. Much of the Sierra Nevada saw its rainiest and snowiest October-February period on record. The heavy precipitation has caused flooding, levee breaks, and sinkholes throughout the state. Snowpack has been measured at over 160% of normal water content. Even after the rains stops, the record high snowpack in the mountains could potentially generate equally big flows in the summer.

Oroville Dam Disaster. On February 7, 2017, with heavy rains and runoff impacting reservoir levels at Oroville Reservoir, the DWR increased flows through its main spillway to 54,500 cubic feet per second (cfs). A large amount of debris was found coming out of the spillway and, after shutting down the spillway, authorities discovered a massive break in the spillway. As inflows increased, the lake reached capacity at 901 feet and water began flowing over the emergency spillway for the first time in history. Erosion progressed rapidly up the hillside on the emergency spillway and, on February 12, 188,000 people in towns downstream were evacuated due to the possibility of a failure of the emergency spillway.

The DWR then increased flows over the broken main spillway to 100,000 cfs with continued heavy inflows. Water levels decreased and, on February 14, residents were allowed to return to their homes. Over the next few months, the DWR primarily used the broken main spillway to lower lake levels. Periodic shutdowns were required in order to clear debris from the base of the dam which was impacting the ability to release water through the main hydropower plant at the base of the dam itself.

The DWR has, as of April 2017, sought bids to repair the main spillway over a two-year period, shored up the emergency spillway, and brought the main hydropower plant back online.

DWR Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams.

There are 1,250 dams in California subject to the program and are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and, low hazard (289). Two dams are under review for classification.

The current inspection process focuses heavily on the dam itself and includes a visual inspection of the appurtenant structures. The re-evaluation component of the program over the last 10 years has focused on the highest risk to California dams including a seismic re-evaluation of dams in areas that have a high probability of a major earthquake occurring. The recent seismic re-evaluation program has led to over $1 billion in repairs to dams.

Emergency Action Plans (EAPs). EAPs are a critical component of a strong dam safety program. The plans outline the action steps that are taken to protect life and property. They include components of detection measures through inspections and maintenance, determinations of emergency levels based upon the threat of flooding, notification protocols for local government and the public, and other preventive measures dam owners/operators can take. The emergency plans utilize dam inundation mapping to guide actions and notification protocols since they show the potential area of flooding and its impacts.

Inundation Maps. Inundation maps which provide the basis for Emergency Action Plans, are maps that show where flooding may occur should a flood control system fail. The inundation map includes downstream effects and shows the probable path by water released due to the failure of a dam or from abnormal flood flows released through a dam's spillway and/or other appurtenant works. These maps are currently only required for a sunny day full dam failure scenario, and do not take into account a failure of an appurtenant structure or failure of downstream flood facilities, such as a levee breach. Additional inundation maps are also needed for other critical flow control structures and saddle dams, which will be identified by the DWR. The DWR Division of Safety of Dams currently has no enforcement power to mandate completion of Emergency Action Plans or inundation maps.

Governor’s April March Trailer Bill Proposal. Partially in response to the Oroville Dam disaster, but also in response to multiple dam and flood safety issues related to the heavy rains and snows, the Governor proposed a series of actions in March 2017 to address flood and dam safety issues. Pertinent to the discussion before the committee is a comprehensive proposal to overhaul the state’s dam safety inspection program.

As described by the Assembly Budget Subcommittee No. 3 at their March 22 hearing:

1. With the requested resources, the Governor proposes for the DWR to do a complete reconnaissance of the geologic, hydraulic, hydrological, and structural adequacy of the identified 108 largest spillways in the state by October 1, 2017. By January 1, 2018, the DWR will complete a thorough site investigation and evaluation of those spillways that are found to be potentially at risk. Immediate action, such as emergency repairs or reservoir operation restrictions, will be required of dam owners as necessary to reduce the risk of any spillway identified to be in poor condition as a result of the study. The DWR will complete evaluations of the remaining spillways by January 1, 2019, and direct dam owners to make required repairs or restrict reservoir operations as needed.
2. The Governor proposes for the DWR to re-classify jurisdictional dams as extremely high, high, significant or low risk. The DWR will require inundation maps and Emergency Action Plans for all jurisdictional dams allowing a waiver for low hazard dams. During regular inspections, the DWR will track any dams where the hazard classification has changed and reassess the waiver as necessary.
3. The DWR will identify which scenarios beyond a complete dam failure require a separate inundation map. The dam owner will create the inundation map and submit to the DWR, which will be reviewed and approved by the DWR’s Division of Flood Management. The approved maps will then be posted publicly on the DWR’s website and linked to the Office of Emergency Services (Cal OES) website.
4. Dam owners will be responsible for creating Emergency Action Plans in accordance with federal guidelines and based on their updated inundation maps. Cal OES will provide guidelines regarding the coordination between dam owners and local emergency management agencies to create local emergency response plans. Dam owners will submit the plans through the DWR, who will work with Cal OES to review and confirm that plan components are acceptable for incorporation into, and to guide, local emergency response plans.
5. The dam owner will send the final Emergency Action Plans and inundation map to the DWR, Cal OES and local emergency management agencies.
6. Cal OES will coordinate emergency response drills with dam owners and local emergency management agencies. The dam owner will be required to update the Emergency Action Plans regularly in accordance with federal guidelines and update the inundation maps every ten years or sooner if there is a change in dam status or change in downstream risk.
7. The proposal will provide the DWR additional enforcement power over dam owners who are not complying with the new emergency plan/inundation maps requirements. The proposal will propose revisions to the Water Code to incorporate penalties, such as fines and reservoir operation restrictions, when dam owners violate DWR’s directives and orders.

The budget subcommittee held the item open for further discussion after asking a series of questions to the DWR including: Are the various deadlines in the proposal reasonable? The proposal requires the DWR:

• By October 1, 2017, to complete a reconnaissance of the geologic, hydraulic, hydrological, and structural adequacy of the identified 108 largest spillways in the State.
• By January 1, 2018, to complete a thorough site investigation and evaluation of those spillways that are found to be potentially at risk.
• By January 1, 2019, to complete evaluations of the remaining spillways and direct dam owners to make required repairs or restrict reservoir operations.

Related and Conflicting Legislation. In addition to the Governor’s proposed trailer bill, this bill is in conflict with AB 884 (Levine). AB 884 would require at least annual dam visual and physical inspections.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Catherine Freeman / W., P., & W. /

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1270

Author:(Gallagher) – As Amended Ver:March 21, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires annual visual and physical inspections of dams. Specifically, this bill:

1. Requires the Department of Water Resources (DWR), Division of Dam Safety, to make annual visual and physical inspections of dams and reservoirs for purpose of determining their safety.
2. Requires owners and operators of dams to perform, at the owner’s expense, work necessary to secure maintenance and operation that will safeguard life and property.
3. Requires DWR, annually, starting on January 1, 2019, to submit a report to the Legislature that:
4. Includes a five-year infrastructure improvement, maintenance, and funding plan for state-operated and state-maintained dams and reservoirs.
5. Is updated to reflect the anticipated maintenance and infrastructure improvement costs.

FISCAL EFFECT:

1. Increased annual DWR GF costs of $750,000 for additional staff to physically inspect all dams and reservoirs once a year for safety. According to DWR, current inspections are in the 12 to 14 month range.
2. Unknown, potentially significant maintenance costs borne by owners (some dams and reservoirs are owned by the state.)
3. Unknown increased annual GF costs, likely in the $100,000 to $150,000 range to prepare and submit the required report.

COMMENTS:

1. Purpose. According to the author, we must ensure that we do everything in our power to prevent another emergency like the one that occurred at the Oroville Dam.  Most of our dams and reservoirs are over half a century old, and many are considered high-risk.   The Oroville spillway was last physically inspected by DWR on Feb. 3, 2015.  More thorough and frequent inspections could have revealed weaknesses that may have prevented the spillway failure. 

The author further contends this bill will require DWR to perform annual visual and physical inspections of dams and reservoirs.  Additionally, the bill requires DWR, on an annual basis, to submit a 5-year infrastructure improvement, maintenance, and funding plan for dams and reservoirs maintained by the State.  Proper inspection and maintenance of critical dams and reservoirs that we rely on is paramount, and AB 1270 strengthens inspections while giving leaders tools to ensure State infrastructure is properly funded, operated, and maintained.

1. Oroville Dam. On February 7, 2017, with heavy rains and runoff impacting reservoir levels at Oroville Reservoir, DWR increased flows through its main spillway to 54,500 cubic feet per second (cfs). A large amount of debris was found coming out of the spillway and, after shutting down the spillway, authorities discovered a massive break in the spillway. As inflows increased, the lake reached capacity at 901 feet and water began flowing over the emergency spillway for the first time in history. Erosion progressed rapidly up the hillside on the emergency spillway and, on February 12, 188,000 people in towns downstream were evacuated due to the possibility of a failure of the emergency spillway.
2. DWR Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams.

There are 1,250 dams in California subject to the program and are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and, low hazard (289). Two dams are under review for classification.

The current inspection process focuses heavily on the dam itself and includes a visual inspection of the appurtenant structures. The re-evaluation component of the program over the last 10 years has focused on the highest risk to California dams including a seismic re-evaluation of dams in areas that have a high probability of a major earthquake occurring. The recent seismic re-evaluation program has led to over $1 billion in repairs to dams.

1. Governor’s April March Trailer Bill Proposal. Partially in response to the Oroville Dam disaster, but also in response to multiple dam and flood safety issues related to the heavy rains and snows, the Governor proposed a series of actions in March 2017 to address flood and dam safety issues. Included in the Trailer Bill Language is a comprehensive proposal to overhaul the state’s dam safety inspection program.
2. Related and Conflicting Legislation. In addition to the Governor’s proposed trailer bill, this bill is in conflict with AB 884 (Levine). AB 884 requires at least annual dam visual and physical inspections.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081