Bills

SB 594: Flood risk: dam failure: expedited permit processing and approval: human life safety protection.

Session Year: 2017-2018
House: Senate
Latest Version Date: 2017-07-20

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Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the Department of Water Resources to perform various flood control activities throughout the state. Existing law establishes the Central Valley Flood Protection Board and authorizes the board to engage in various flood control activities along the Sacramento River, the San Joaquin River, their tributaries, and related areas. Existing law also authorizes the board of supervisors of a county to appropriate and spend money from the general fund of the county for specified flood control purposes in connection with streams or rivers in the county.

This bill would require a state agency to expedite permit processing and approval for a project that will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure, as specified.

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

Existing federal law implements the Disadvantaged Business Enterprise Program to foster equal opportunity to firms owned by disadvantaged individuals on United States Department of Transportation-assisted contracts. This bill would require the Department of Transportation, to the extent permitted under state and federal law, to establish and meet specified goals relating to the participation rates by small businesses and disadvantaged business enterprises in both federally funded projects and state-funded projects, and to the participation rate by disabled veteran business enterprises in state-funded projects.

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The people of the State of California do enact as follows:SECTION 1.Part 9 (commencing with Section 9700) is added to Division 5 of the Water Code, to read:9.Expedited Permit Processing and Approval9700.

As used in this part, state agency means a unit of state government, including, but not limited to, any department, agency, board, or commission of the State of California.

9702.

(a)A project shall be eligible for expedited permit processing and approval if the project satisfies all of the following:

(1)The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.

(2)Environmental review of the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.

(3)The project meets one or more of the following criteria:

(A)The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.

(B)The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.

(C)The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high hazard or very high hazard dam, as determined by the Division of Safety of Dams within the department.

(D)The project will remove the risk to life and property from a dam pursuant to an order from the Division of Safety of Dams within the department for appropriate management, repair, or replacement pursuant to Section 6111 or 6081, or from a dam for which the certificate of approval has been revoked pursuant to Section 6357.1.

(E)The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.

(b)An eligible project shall receive expedited permit processing and approval in accordance with all of the following:

(1)Within 30 days after a state agency receives a written request to approve a permit pursuant to this section, the state agency shall determine whether substantial evidence exists that the project satisfies the requirements of subdivision (a).

(2)If the state agency determines substantial evidence exists that the project satisfies the requirements of subdivision (a), the state agency shall commence expedited permit processing and approval. The state agency shall approve or deny the permit request within 60 days of the determination made pursuant to paragraph (1).

(3)If a state agency determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the permit shall, if authorized by law and to the maximum extent possible, be consistent with the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 2.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to expedite the permit processing and approval for projects that will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure as soon as possible, it is necessary for this bill to take effect immediately.

SECTION 1.Section 14105.5 is added to the Government Code, to read:14105.5.The department shall, to the extent permitted under state and federal law, establish and meet all of the following goals:(a)To achieve at least an aggregate 25-percent participation rate by small businesses and disadvantaged business enterprises in federally funded projects.(b)To achieve at least an aggregate 30-percent participation rate by small businesses and disadvantaged business enterprises in state-funded projects.(c)To achieve at least a 15-percent participation rate by disabled veteran business enterprises in state-funded projects.(d)These goals shall apply to the overall dollar amount of the applicable contracts.

The people of the State of California do enact as follows:SECTION 1.Section 14105.5 is added to the Government Code, to read:14105.5.

(a)The department shall, on or before January 1, 2019, draft a plan to establish and meet all of the following goals:

(1)To achieve at least an aggregate 25-percent participation rate by small businesses and disadvantaged business enterprises in federally funded projects.

(2)To achieve at least an aggregate 30 percent participation rate by small businesses and disadvantaged business enterprises in state-funded projects.

(3)To achieve at least an 8-percent participation rate by disabled veteran business enterprises in state-funded projects.

(4)These goals shall apply to the overall dollar amount of the applicable contracts.

(b)(1)The department shall, on or before January 1, 2018, and annually thereafter, report to both the Chairperson of the Senate Transportation and Housing Committee and the Chairperson of the Assembly Transportation Committee on its progress towards meeting the goals described in paragraphs (1) through (3), inclusive, of subdivision (a).

(2)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.

SECTION 1.Section 2100 of the Streets and Highways Code is amended to read:2100.(a)The Highway Users Tax Fund is continued in existence as the Highway Users Tax Account in the Transportation Tax Fund. Any reference in any law or regulation to the Highway Users Tax Fund shall be deemed to refer to the Highway Users Tax Account in the Transportation Tax Fund.(b)Notwithstanding any other law, the Controller may use the funds in the Highway Users Tax Account in the Transportation Tax Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. This loan shall be exempt from paragraph (2) of subdivision (b) of Section 16310 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which the money is loaned. This subdivision does not authorize any transfer that would interfere with the carrying out of the object for which these funds were created.

Date	Status
Feb 1, 2018	Returned to Secretary of Senate pursuant to Joint Rule 56.
Aug 21, 2017	Withdrawn from committee.
Jul 20, 2017	From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
Apr 6, 2017	Re-referred to Com. on T. & H.
Apr 5, 2017	From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Apr 3, 2017	From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar 2, 2017	Referred to Com. on RLS.
Feb 21, 2017	From printer. May be acted upon on or after March 23.
Feb 17, 2017	Introduced. Read first time. To Com. on RLS. for assignment. To print.

Authors shown for version:
Amended Senate (7/20/2017)