Existing law authorizes the Department of Water Resources to make examinations of lands subject to inundation and overflow by floodwaters and of the waters causing the inundation or overflow and to make plans and estimates of the cost of works to regulate and control the floodwaters.

Existing law, the Central Valley Flood Protection Act of 2008, requires the department to prepare, and the Central Valley Flood Protection Board, a state agency, to adopt, a plan identified as the Central Valley Flood Protection Plan.

This bill would require the board, in coordination with the department, to identify priority flood plain restoration or floodway expansion projects where increased flows due to climate change are likely to overwhelm existing flood protection infrastructure, as specified. The bill would require the department and the board to conduct broad stakeholder outreach to identify priority projects and would require that those projects provide at least 2 of 4 specified public benefits. The bill would require the board, upon the appropriation of funds for this purpose, to begin preconstruction activities, including acquisition of land, easements, or rights of way, to expedite the priority projects identified.

Existing law authorizes the Department of Water Resources to make examinations of lands subject to inundation and overflow by flood waters floodwaters and of the waters causing the inundation or overflow and to make plans and estimates of the cost of works to regulate and control the flood waters. floodwaters.

Existing law, the Central Valley Flood Protection Act of 2008, requires the department to prepare, and the Central Valley Flood Protection Board, a state agency, to adopt, a plan identified as the Central Valley Flood Protection Plan.

This bill would require the department, board, in coordination with the board, department, to undertake a study to identify and assess barriers to the implementation of flood plain restoration projects that provide increased flood risk reduction and groundwater recharge benefits. The bill would also require the department and the board to conduct broad stakeholder outreach to inform the study. The bill would require the study to make recommendations to the Legislature on ways to expedite and scale the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits. The bill would require the study to be completed by July 1, 2024. This requirement would be inoperative on July 1, 2028. identify priority flood plain restoration or floodway expansion projects where increased flows due to climate change are likely to overwhelm existing flood protection infrastructure, as specified. The bill would require the department and the board to conduct broad stakeholder outreach to identify priority projects and would require that those projects provide at least 2 of 4 specified public benefits. The bill would require the board, upon the appropriation of funds for this purpose, to begin preconstruction activities, including acquisition of land, easements, or rights of way, to expedite the priority projects identified.

Existing law authorizes the Department of Water Resources to make examinations of lands subject to inundation and overflow by flood waters and of the waters causing the inundation or overflow and to make plans and estimates of the cost of works to regulate and control the flood waters.

Existing law, the Central Valley Flood Protection Act of 2008, requires the department to prepare, and the Central Valley Flood Protection Board, a state agency, to adopt, a plan identified as the Central Valley Flood Protection Plan.

This bill would require the department, in coordination with the board, to undertake a study to identify and assess barriers to the implementation of flood plain restoration projects that provide increased flood risk reduction and groundwater recharge benefits. The bill would also require the department and the board to conduct broad stakeholder outreach to inform the study. The bill would require the study to make recommendations to the Legislature on ways to expedite and scale the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits. The bill would require the study to be completed by July 1, 2024. This requirement would be inoperative on July 1, 2028.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 923 (Bauer-Kahan) - Flood plain restoration projects: Central Valley: study

Bill Summary:

This bill would require the Department of Water Resources (DWR), in coordination with the Central Valley Flood Protection Board (CVFPB), to conduct broad stakeholder outreach, undertake a study, and report to the Legislature on barriers to, and ways to expedite and scale, the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits.

Fiscal Impact:

• DWR estimates one-time costs of approximately $2 - $3 million (General Fund or special fund) to comply with the requirements of this bill.
• Unknown but likely minor costs for the CVFPB to coordinate with DWR.

Background:

According to the DWR website, “The CVFPP is California’s strategic blueprint to improve flood risk management in the Central Valley. Prepared by [DWR], in accordance with the Central Valley Flood Protection Act of 2008 (Act) and adopted by the Central Valley Flood Protection Board (CVFPB) in June 2012, the CVFPP guides the State’s participation in managing flood risk in areas protected by the State Plan of Flood Control (SPFC). The CVFPP is updated every 5 years in accordance with the Act. The plan lays out strategies to:

• Prioritize the State’s investment in flood management over a 30-year planning horizon.
• Promote multi-benefit projects.
• Integrate and improve associated ecosystem functions.
  

Although flood management has improved considerably in the Central Valley since the passage of State bonds in 2007 and the Act in 2008, this vast region still faces significant flood risk particularly with the urgent threat of climate change. Approximately 1.3 million Californians live and work in the valley’s floodplains, which contain approximately $223 billion worth of structures and their contents.”

The 2022 CVFPP Update, adopted December 16, 2022, recognizes the increase of flood risk that is brought on by climate change and calls upon the need to act swiftly before the next large flood event occurs in the Central Valley. According to the update, expanding constrained floodways provides the opportunity to revive the valley’s floodplain, tidal, and riparian ecosystems.

According to the Assembly Water, Parks, and Wildlife Committee, “the CVFPP 2022 Update acknowledges the importance and function of flooding as a natural part of riverine and flood plain ecosystems and the beneficial functions of flood plains as natural infrastructure. This understanding is in alignment with state priorities for nature-based solutions, as well as the opportunity to use floodwaters to support groundwater recharge efforts, greater water sustainability, and climate resilience throughout the Central Valley. As a result, there has been a shift toward restoring flood plains and reconnecting them with rivers to improve their ecological function and reduce flood risk.”

“Human development and agriculture have greatly reduced the historic footprint of flood plains. There are, however, several projects in recent years that have either restored or are in the process of restoring flood plains. Some examples include:

• Napa River/Napa Creek Flood Protection Project: utilized strategies including riverbank terracing (allowing rising floodwaters room to spread into defined areas), converting pastureland to wetlands that are available to hold excess waters, replacing a number of old bridges that had blocked flows, and incorporating a dry bypass channel to provide a shortcut for fast‑moving water that historically had overtopped the normal pathway of the river. The bypass, completed in 2015, flooded for the first time in February 2017 and helped prevent the type of widespread flooding in downtown Napa that occurred during storms in 2005. (Approved by voters in 1998, under construction since 2000).
  
• The Southport Levee Setback Project: a collaborative effort between the City of West Sacramento, the local flood control agency, DWR, and the U.S. Army Corps of Engineers that set back four miles of the existing levee on the Sacramento River. This will expand the river’s width, allowing it greater access to its original flood plain, as well as create 152 acres of new riparian habitat. (Construction began in 2016, though restoration work continues).
  
• Hamilton City Flood Damage Reduction and Ecosystem Restoration Project: a dual-purpose flood risk management and ecosystem restoration project, which will construct approximately 6.8 miles of levee for improved flood protection and about 1,500 acres of native habitat. The new setback levee will provide improved levels of flood risk management and levee stability. (More than 15 years to complete levee component of project with restoration work expected to be completed in 2025).
  
• Dos Rios Ranch Flood Plain Expansion and Ecosystem Restoration Project near Modesto: restored 2,100 acres and 8 miles of river front as well as conserved 7,000 acre-feet of water. (More than 10 years to complete, 20 years if property acquisition is included).”

Proposed Law:

This bill would require, by July 1, 2024, DWR, in coordination with the CVFPB, to conduct broad stakeholder outreach, undertake a study, and report to the Legislature on barriers to, and ways to expedite and scale, the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits. Specifically, this bill would:

1. Require CVFPB, in consultation with DWR, to identify priority flood plain restoration or floodway expansion projects where increased flows due to climate change are likely to overwhelm existing flood protection infrastructure.
   
2. Require the projects to be consistent with the CVFPP and to provide at least two of the following public benefits, in priority order:
   
   1. Increased flood protection for disadvantaged communities.
   2. Groundwater recharge.
   3. Ecosystem restoration.
   4. Recreation.
      
3. Require DWR and CVFPB to conduct broad stakeholder outreach, as specified, to identify the projects.
   
4. Require CVFPB, upon appropriation of funds for this purpose, to begin preconstruction activities, as specified.

Related Legislation:

AB 140 (Núñez and Perata), Chapter 33, Statutes of 2006, enacts the Disaster Preparedness and Flood Prevention Bond Act of 2006, which included $290 million for the protection, creation, and enhancement of flood protection corridors and bypasses through a number of actions including flood plain mapping.

SB 1168 (Pavley), Chapter 346, Statutes of 2014, among other things, states that it is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses and sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science.

SB 5 (Machado), Chapter 364, Statutes of 2007, authorizes DWR to develop the BAM displaying 100- and 200-year flood plains for areas located within the Sacramento-San Joaquin by July 1, 2008.

Staff Comments:

According to DWR, the CVFPP currently identifies (in Chapter 3) flood project at the regional, community, and river system level.  Some are floodplain-related, some are hardening of structures.  AB 923 would require a specific effort to look only at floodplain restoration/expansion, which is only one piece of the overall management possibilities.  As such, the cost would be above and beyond the cost of the CVFPP, resulting in the $2-3 million above.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 923 (Bauer-Kahan) - Flood plain restoration projects: Central Valley: study

Bill Summary:

This bill would require the Department of Water Resources (DWR), in coordination with the Central Valley Flood Protection Board (CVFPB), to conduct broad stakeholder outreach, undertake a study, and report to the Legislature on barriers to, and ways to expedite and scale, the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits.

Fiscal Impact:

• DWR estimates one-time costs of approximately $2 - $3 million (General Fund or special fund) to comply with the requirements of this bill.
• Unknown but likely minor costs for the CVFPB to coordinate with DWR.

Background:

According to the DWR website, “The CVFPP is California’s strategic blueprint to improve flood risk management in the Central Valley. Prepared by [DWR], in accordance with the Central Valley Flood Protection Act of 2008 (Act) and adopted by the Central Valley Flood Protection Board (CVFPB) in June 2012, the CVFPP guides the State’s participation in managing flood risk in areas protected by the State Plan of Flood Control (SPFC). The CVFPP is updated every 5 years in accordance with the Act. The plan lays out strategies to:

• Prioritize the State’s investment in flood management over a 30-year planning horizon.
• Promote multi-benefit projects.
• Integrate and improve associated ecosystem functions.
  

Although flood management has improved considerably in the Central Valley since the passage of State bonds in 2007 and the Act in 2008, this vast region still faces significant flood risk particularly with the urgent threat of climate change. Approximately 1.3 million Californians live and work in the valley’s floodplains, which contain approximately $223 billion worth of structures and their contents.”

The 2022 CVFPP Update, adopted December 16, 2022, recognizes the increase of flood risk that is brought on by climate change and calls upon the need to act swiftly before the next large flood event occurs in the Central Valley. According to the update, expanding constrained floodways provides the opportunity to revive the valley’s floodplain, tidal, and riparian ecosystems.

According to the Assembly Water, Parks, and Wildlife Committee, “the CVFPP 2022 Update acknowledges the importance and function of flooding as a natural part of riverine and flood plain ecosystems and the beneficial functions of flood plains as natural infrastructure. This understanding is in alignment with state priorities for nature-based solutions, as well as the opportunity to use floodwaters to support groundwater recharge efforts, greater water sustainability, and climate resilience throughout the Central Valley. As a result, there has been a shift toward restoring flood plains and reconnecting them with rivers to improve their ecological function and reduce flood risk.”

“Human development and agriculture have greatly reduced the historic footprint of flood plains. There are, however, several projects in recent years that have either restored or are in the process of restoring flood plains. Some examples include:

• Napa River/Napa Creek Flood Protection Project: utilized strategies including riverbank terracing (allowing rising floodwaters room to spread into defined areas), converting pastureland to wetlands that are available to hold excess waters, replacing a number of old bridges that had blocked flows, and incorporating a dry bypass channel to provide a shortcut for fast‑moving water that historically had overtopped the normal pathway of the river. The bypass, completed in 2015, flooded for the first time in February 2017 and helped prevent the type of widespread flooding in downtown Napa that occurred during storms in 2005. (Approved by voters in 1998, under construction since 2000).
  
• The Southport Levee Setback Project: a collaborative effort between the City of West Sacramento, the local flood control agency, DWR, and the U.S. Army Corps of Engineers that set back four miles of the existing levee on the Sacramento River. This will expand the river’s width, allowing it greater access to its original flood plain, as well as create 152 acres of new riparian habitat. (Construction began in 2016, though restoration work continues).
  
• Hamilton City Flood Damage Reduction and Ecosystem Restoration Project: a dual-purpose flood risk management and ecosystem restoration project, which will construct approximately 6.8 miles of levee for improved flood protection and about 1,500 acres of native habitat. The new setback levee will provide improved levels of flood risk management and levee stability. (More than 15 years to complete levee component of project with restoration work expected to be completed in 2025).
  
• Dos Rios Ranch Flood Plain Expansion and Ecosystem Restoration Project near Modesto: restored 2,100 acres and 8 miles of river front as well as conserved 7,000 acre-feet of water. (More than 10 years to complete, 20 years if property acquisition is included).”

Proposed Law:

This bill would require, by July 1, 2024, DWR, in coordination with the CVFPB, to conduct broad stakeholder outreach, undertake a study, and report to the Legislature on barriers to, and ways to expedite and scale, the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits. Specifically, this bill would:

1. Require CVFPB, in consultation with DWR, to identify priority flood plain restoration or floodway expansion projects where increased flows due to climate change are likely to overwhelm existing flood protection infrastructure.
   
2. Require the projects to be consistent with the CVFPP and to provide at least two of the following public benefits, in priority order:
   
   1. Increased flood protection for disadvantaged communities.
   2. Groundwater recharge.
   3. Ecosystem restoration.
   4. Recreation.
      
3. Require DWR and CVFPB to conduct broad stakeholder outreach, as specified, to identify the projects.
   
4. Require CVFPB, upon appropriation of funds for this purpose, to begin preconstruction activities, as specified.

Related Legislation:

AB 140 (Núñez and Perata), Chapter 33, Statutes of 2006, enacts the Disaster Preparedness and Flood Prevention Bond Act of 2006, which included $290 million for the protection, creation, and enhancement of flood protection corridors and bypasses through a number of actions including flood plain mapping.

SB 1168 (Pavley), Chapter 346, Statutes of 2014, among other things, states that it is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses and sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science.

SB 5 (Machado), Chapter 364, Statutes of 2007, authorizes DWR to develop the BAM displaying 100- and 200-year flood plains for areas located within the Sacramento-San Joaquin by July 1, 2008.

Staff Comments:

According to DWR, the CVFPP currently identifies (in Chapter 3) flood project at the regional, community, and river system level.  Some are floodplain-related, some are hardening of structures.  AB 923 would require a specific effort to look only at floodplain restoration/expansion, which is only one piece of the overall management possibilities.  As such, the cost would be above and beyond the cost of the CVFPP, resulting in the $2-3 million above.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB Hearing Date: July 10, 2023

Subject: Flood plain restoration projects: Central Valley: study

BACKGROUND AND EXISTING LAW

According to the Department of Water Resources (DWR) website, “The Central Valley Flood Protection Plan (CVFPP) is California’s strategic blueprint to improve flood risk management in the Central Valley. Prepared by [DWR], in accordance with the Central Valley Flood Protection Act of 2008 (Act) and adopted by the Central Valley Flood Protection Board (CVFPB) in June 2012, the CVFPP guides the State’s participation in managing flood risk in areas protected by the State Plan of Flood Control (SPFC). The CVFPP is updated every 5 years in accordance with the Act. The plan lays out strategies to:

• Prioritize the State’s investment in flood management over a 30-year planning horizon.
• Promote multi-benefit projects.
• Integrate and improve associated ecosystem functions.
  

Although flood management has improved considerably in the Central Valley since the passage of State bonds in 2007 and the Act in 2008, this vast region still faces significant flood risk particularly with the urgent threat of climate change. Approximately 1.3 million Californians live and work in the valley’s floodplains, which contain approximately $223 billion worth of structures and their contents.”

The 2022 CVFPP Update, adopted December 16, 2022, recognizes the increase of flood risk that is brought on by climate change and calls upon the need to act swiftly before the next large flood event occurs in the Central Valley. According to the update, expanding constrained floodways provides the opportunity to revive the valley’s floodplain, tidal, and riparian ecosystems.

According to the Assembly Water, Parks, and Wildlife Committee, “the CVFPP 2022 Update acknowledges the importance and function of flooding as a natural part of riverine and flood plain ecosystems and the beneficial functions of flood plains as natural infrastructure. This understanding is in alignment with state priorities for nature-based solutions, as well as the opportunity to use floodwaters to support groundwater recharge efforts, greater water sustainability, and climate resilience throughout the Central Valley. As a result, there has been a shift toward restoring flood plains and reconnecting them with rivers to improve their ecological function and reduce flood risk.”

“Human development and agriculture have greatly reduced the historic footprint of flood plains. There are, however, several projects in recent years that have either restored or are in the process of restoring flood plains. Some examples include:

• Napa River/Napa Creek Flood Protection Project: utilized strategies including riverbank terracing (allowing rising floodwaters room to spread into defined areas), converting pastureland to wetlands that are available to hold excess waters, replacing a number of old bridges that had blocked flows, and incorporating a dry bypass channel to provide a shortcut for fast‑moving water that historically had overtopped the normal pathway of the river. The bypass, completed in 2015, flooded for the first time in February 2017 and helped prevent the type of widespread flooding in downtown Napa that occurred during storms in 2005. (Approved by voters in 1998, under construction since 2000).
  
• The Southport Levee Setback Project: a collaborative effort between the City of West Sacramento, the local flood control agency, DWR, and the U.S. Army Corps of Engineers that set back four miles of the existing levee on the Sacramento River. This will expand the river’s width, allowing it greater access to its original flood plain, as well as create 152 acres of new riparian habitat. (Construction began in 2016, though restoration work continues).
  
• Hamilton City Flood Damage Reduction and Ecosystem Restoration Project: a dual-purpose flood risk management and ecosystem restoration project, which will construct approximately 6.8 miles of levee for improved flood protection and about 1,500 acres of native habitat. The new setback levee will provide improved levels of flood risk management and levee stability. (More than 15 years to complete levee component of project with restoration work expected to be completed in 2025).
  
• Dos Rios Ranch Flood Plain Expansion and Ecosystem Restoration Project near Modesto: restored 2,100 acres and 8 miles of river front as well as conserved 7,000 acre-feet of water. (More than 10 years to complete, 20 years if property acquisition is included).”

PROPOSED LAW

This bill:

1. Requires CVFPB, in consultation with DWR, to identify priority flood plain restoration or floodway expansion projects where increased flows due to climate change are likely to overwhelm existing flood protection infrastructure.
   
2. Requires the projects to be consistent with the CVFPP and to provide at least two of the following public benefits, in priority order:
   
   1. Increased flood protection for disadvantaged communities.
   2. Groundwater recharge.
   3. Ecosystem restoration.
   4. Recreation.
      
3. Requires DWR and CVFPB to conduct broad stakeholder outreach, as specified, to identify the projects.
   
4. Requires CVFPB, upon appropriation of funds for this purpose, to begin preconstruction activities, as specified.

ARGUMENTS IN SUPPORT

According to the author, “There is broad consensus that flood plain restoration projects provide multiple benefits including flood protection, groundwater recharge, and fish and wildlife habitat, and are a vital climate resilience strategy. With increasing flood risk due to climate change, it is critical that we promote these kinds of projects. The implementation of these projects, however, moves too slowly. This bill would require DWR and CVFPB, after stakeholder outreach, to report on the barriers to flood plain restoration projects.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Inclusivity. To make sure landowners are also included in DWR and CVFPB’s outreach, the committee may wish to amend the bill to specifically add them to the list of specific stakeholder groups.

SUGGESTED AMENDMENTS:

AMENDMENT 1

Amend Water Code §9604(b) as follows:

(b) The department and board shall conduct broad stakeholder outreach to identify priority projects. This outreach shall include, but not be limited to, cities, counties, local flood control agencies, nongovernmental organizations, community-based organizations, landowners, and academia. Upon appropriation of funds for this purpose, the board shall begin preconstruction activities, including acquisition of land, easements, or rights of way, to expedite priority projects identified pursuant to subdivision (a).

SUPPORT

Climate Action California
Climate Reality Project, California Coalition

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 923

Author:(Bauer-Kahan)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

Requires the Central Valley Flood Protection Board (CVFPB), in coordination with the Department of Water Resources (DWR) to identify priority flood plain restoration or floodway expansion projects and, upon appropriation, begin preconstruction activities for those projects.

Major Provisions

1. Requires CVFPB, with DWR, to identify priority flood plain restoration or floodway expansion projects where increased flows due to climate change are likely to overwhelm existing infrastructure
2. Requires projects be consistent with the Central Valley Flood Protection Plan and have at least two of the following public benefits in priority order: protection for disadvantaged communities, ground water recharge, ecosystem restoration, and recreation.
3. Requires DWR and CVFPB conduct stakeholder outreach to identify priority projects.
4. Requires CVFPB to begin preconstructions activities, such as land acquisition, easements, or rights of way, to expedited identified priority projects.

COMMENTS

Prior to the arrival of Europeans, California's flood plains were largely managed by Indigenous communities. The California Gold Rush brought a large influx of settlers to the state in the mid-1800's who modified flood plains by constructing levees and other flood control structures to flush out mining debris and preserve river navigability. During the 20th century, California experienced significant population growth and urbanization. As a result, many of the state's flood plains were developed for agriculture, urbanization, and other uses, leading to the loss of wetlands and other important habitat.

The level of flood risk in California's Central Valley is among the highest in the nation. According to the Central Valley Flood Protection Plan 2022 Update (2022 CV Flood Plan), 1.23 million people and more than $223 billion in structures and property are at risk from flooding. Climate change has exacerbated this flood risk. To address this risk, the 2022 CV Flood Plan identifies an investment need of $25 billion to $30 billion over the next 30 years. In recent decades, there has been a growing recognition of the value of flood plains for ecosystem services such as water storage, groundwater recharge, and wildlife habitat. As a result, there has been a shift toward restoring flood plains and reconnecting them with rivers to improve their ecological function and reduce flood risk. For a detailed discussion of the benefits of flood plains, examples of recent flood plain mapping and restoration projects in the state, and some of the challenges facing restoration efforts, see the Assembly Water, Parks, and Wildlife Committee analysis of this bill.

The Governor's May budget revise includes a $290 million package for flood protection. Earlier this month, the Biden administration announced the Department of Commerce has recommended $60 million for 13 projects across northern California to, among other things, advance flood plain and wetland habitat restoration and protection.

According to the Author

The author recognizes the broad consensus that flood plain restoration projects provide multiple benefits including flood protection, groundwater recharge, and fish and wildlife habitat, and are a vital climate resilience strategy. "With increasing flood risk due to climate change, it is critical that we promote [flood plain restoration] projects. The implementation of these projects, however, moves too slowly."

Arguments in Support

The Community Alliance with Family Farmers writes in support, extoling the benefits of flood plain restoration and the need to better prepare for catastrophic floods.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill has the following fiscal impact:

1. Costs of an unknown amount, possibly in the hundreds of thousands of dollars, for CVFPB and DWR to identify priority projects and conduct broad stakeholder outreach (General Fund).
2. Cost pressure of an unknown but significant amount for preconstruction activities, including acquisition of land, easements, or rights of way, to expedite priority projects. Funding for these activities is subject to appropriation by the Legislature.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 15-0-0

YES: Bauer-Kahan, Mathis, Alanis, Bennett, Joe Patterson, Davies, Friedman, Hart, Kalra, Pellerin, Blanca Rubio, Schiavo, Villapudua, Ward, Weber

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0000875

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 923

Author:(Bauer-Kahan) – As Introduced Ver:February 14, 2023

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

SUMMARY:

This bill requires, by July 1, 2024, the Department of Water Resources (DWR), in coordination with the Central Valley Flood Protection Board (CVFPB), to conduct broad stakeholder outreach, undertake a study, and report to the Legislature on barriers to, and ways to expedite and scale, the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits.

FISCAL EFFECT:

Costs of an unknown amount, possibly in the hundreds of thousands of dollars, for DWR and CVFPB to implement this bill (General Fund).

COMMENTS:

1) Purpose. According to the author:

There is broad consensus that flood plain restoration projects provide multiple benefits including flood protection, groundwater recharge, and fish and wildlife habitat, and are a vital climate resilience strategy. With increasing flood risk due to climate change, it is critical that we promote these kinds of projects. The implementation of these projects, however, moves too slowly. This bill would require DWR and CVFPB, after stakeholder outreach, to report on the barriers to flood plain restoration projects.

2) Background. Prior to the arrival of Europeans, California's flood plains were largely managed by Indigenous communities. The California Gold Rush brought a large influx of settlers to the state in the mid-1800’s who modified flood plains by constructing levees and other flood control structures to flush out mining debris and preserve river navigability. During the 20th century, California experienced significant population growth and urbanization. As a result, many of the state's flood plains were developed for agriculture, urbanization, and other uses, leading to the loss of wetlands and other important habitat.

The level of flood risk in California’s Central Valley is among the highest in the nation. According to the Central Valley Flood Protection Plan 2022 Update (2022 CV Flood Plan), 1.23 million people and more than $223 billion in structures and property are at risk from flooding. Climate change has exacerbated this flood risk. To address this risk, the 2022 CV Flood Plan identifies an investment need of $25 billion to $30 billion over the next 30 years. In recent decades, there has been a growing recognition of the value of flood plains for ecosystem services such as water storage, groundwater recharge, and wildlife habitat. As a result, there has been a shift toward restoring flood plains and reconnecting them with rivers to improve their ecological function and reduce flood risk. For a detailed discussion of the benefits of flood plains, examples of recent flood plain mapping and restoration projects in the state, and some of the challenges facing restoration efforts, see the Assembly Water, Parks, and Wildlife Committee analysis of this bill.

The Governor’s January budget proposes to eliminate $40 million that was approved in last year’s budget for flood plain restoration in the San Joaquin Valley to prevent flooding and recharge aquifers. A group of lawmakers recently submitted a letter to the Governor calling for a restoration of this funding. Earlier this month, the Biden administration announced the Department of Commerce has recommended $60 million for 13 projects across northern California to, among other things, advance flood plain and wetland habitat restoration and protection.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 24, 2023

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Rebecca Bauer-Kahan, Chair

ABPCA Bill Id:AB 923 (

Author:Bauer-Kahan) – As Introduced Ver:February 14, 2023

SUBJECT: Flood plain restoration projects: Central Valley: study

SUMMARY: Requires the Department of Water Resources (DWR), in coordination with the Central Valley Flood Protection Board (CVFPB), to undertake a study regarding barriers to the implementation of flood plain restoration projects. Specifically, this bill:

1. Requires DWR, with CVFPB, to identify and assess barriers to the implementation of flood plain restoration projects that provide increased flood risk reduction and groundwater recharge benefits.
2. Requires DWR and CVFPB to conduct broad stakeholder outreach to inform the study including, at a minimum, cities, counties, local flood control agencies, nongovernmental organizations, community-based organizations, and academia.
3. Requires the study to make recommendations to the Legislature on ways to expedite and scale the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits.
4. Requires the study be completed by July 1, 2024.

EXISTING LAW:

1. Authorizes DWR to make examinations of lands subject to inundation and overflow by flood waters and of the waters causing the inundation or overflow and to make plans and estimates of the cost of works to regulate and control the flood waters (Water Code § 8300).
2. Requires DWR to prepare, and the CVFPB to adopt, a plan identified as the Central Valley Flood Protection Plan (Water Code § 9600 et seq).
3. Declares that a large portion of the state’s resources are subject to recurrent flooding and that the flood plains of the state are a resource to be developed in a manner that will prevent loss of life and economic hardship. It also finds that the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish flood plain management rests with local levels of government, although it is the policy of the state to encourage and assist in flood plain management (Water Code § 8400 et seq).
4. Requires DWR, with other public agencies, to conduct an investigation of the state’s groundwater basins, including general patterns of groundwater extraction and groundwater recharge within those basins to the extent necessary to identify basins that are subject to critical conditions of overdraft (Water Code § 12924).
5. Provides $290 million, through Proposition 1E, for the protection, creation, and enhancement of flood protection corridors and bypasses through a number of actions including flood plain mapping (PRC § 5096.825).
6. Makes $300 million available, through Proposition 68, for eligible projects including, levee setbacks, creation or enhancement of flood plains or bypasses, groundwater recharge projects in flood plains, and land acquisition and easements necessary for these projects (PRC § 80145).
7. Provides $30 million for flood plain mapping as a part of Proposition 84 (PRC § 75031).

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill requires DWR, with CVFPB, to identify and assess barriers to the implementation of flood plain restoration projects that provide flood risk reduction and groundwater recharge benefits. According to the author, “there is broad consensus that flood plain restoration projects provide multiple benefits including flood protection, groundwater recharge, and fish and wildlife habitat, and are a vital climate resilience strategy. With increasing flood risk due to climate change, it is critical that we promote these kinds of projects. The implementation of these projects, however, moves too slowly. This bill would require DWR and CVFPB, after stakeholder outreach, to report on the barriers to flood plain restoration projects.”
2. Background. Prior to the arrival of Europeans, California's flood plains were largely managed by Indigenous communities. The California Gold Rush brought a large influx of settlers to the state in the mid-1800’s who modified flood plains by constructing levees and other flood control structures to flush out mining debris and preserve river navigability. During the 20th century, California experienced significant population growth and urbanization. As a result, many of the state's flood plains were developed for agriculture, urbanization, and other uses, leading to the loss of wetlands and other important habitat.

Today, the level of flood risk in California’s Central Valley is among the highest in the nation. According to the Central Valley Flood Protection Plan (CVFPP) 2022 Update, 1.23 million people and more than $223 billion in structures and property are at risk from flooding. With historic storms like the Great Flood of 1862 and even more recent events like the series of atmospheric river-fed storms from winter 2023, human-made flood management efforts struggle to compete against the natural state of the Central Valley. Analysis done as part of ARkStorm 2.0 indicates that climate change has already increased the frequency and magnitude of severe storms that result in “megaflood” events.^[1] In recent decades, there has been a growing recognition of the value of flood plains for ecosystem services such as water storage, groundwater recharge, and wildlife habitat. In fact, 2,100 acres of restored flood plain (former farmland) are believed to have been responsible for preventing serious damage to the community of Grayson during the 2023 winter storms.^[2]

The CVFPP 2022 Update acknowledges the importance and function of flooding as a natural part of riverine and flood plain ecosystems and the beneficial functions of flood plains as natural infrastructure. This understanding is in alignment with state priorities for nature-based solutions, as well as the opportunity to use floodwaters to support groundwater recharge efforts, greater water sustainability, and climate resilience throughout the Central Valley. As a result, there has been a shift toward restoring flood plains and reconnecting them with rivers to improve their ecological function and reduce flood risk.

Flood plains. A variety of physical structures have been developed to convey and control water flows and floods, including levees, weirs, detention basins, dams, and seawalls. Nonstructural approaches also include preserving and enhancing natural flood plain functions such that undeveloped lands can slow and absorb floodwaters before they reach developed areas. Actions include purchasing easements to preserve lands so they remain available for periodic inundation, or setting back levees and widening channels to allow the river greater access to its original flood plain and accommodate a higher volume of flows. Efforts can also include improving the effectiveness of existing flood plains, such as removing vegetation or sediment that impede floodwater flows.

Flood bypasses combine structural approaches to control floodwaters with the nonstructural approach of utilizing natural flood plain functions. Specifically, levees and weirs are used to direct waters out of river channels into large flood plains—“bypassing” the normal path of the river—so the water can spread and the flow velocity can dissipate. Bypasses are a particularly important part of the State Plan of Flood Control system, which includes four “relief” bypasses (i.e., Sutter, Tisdale, Sacramento, and Yolo bypasses). During periods of high water flows, more than 80% of Sacramento River waters can end up flowing through the Yolo Bypass instead of through the main stem of the river near the City of Sacramento.

Benefits of flood plains. Flood managers, particularly at the state and local levels, have made efforts in recent years to encourage flood management projects that take advantage of the multiple benefits associated with natural flood plain functions. Statewide planning documents—including California’s Flood Future: Recommendations for Managing California’s Flood Risk (2013), The Water Action Plan (2014), and the CVFPP 2022 Update—emphasize the need for an integrated water management approach. These plans highlight that, in addition to protecting public safety, flood management projects can and should achieve additional benefits such as ecosystem restoration, wildlife habitat development, and groundwater recharge.

One example of a positive, multibenefit impact is percolation of water into the ground, helping to filter and replenish groundwater basins for future agricultural and residential uses. Additionally, inundation in natural flood plains can improve habitat conditions for plants and wildlife, such as by providing seasonal flows and creating wetlands needed by migrating fish and birds. For example, recent experiments found that juvenile salmon raised in the flooded Yolo Bypass grew much faster and bigger than those in the main stem of the Sacramento River. Sediments carried and deposited by flood waters can also enrich soils for agricultural purposes. Flood plains can also help dilute and flush out pollutants and contaminants and thereby improve water quality when the flows join streams, rivers, and the ocean. Finally, flood plains can also provide outdoor recreation and education opportunities.

Flood plain restoration projects. Human development and agriculture have greatly reduced the historic footprint of flood plains. There are, however, several projects in recent years that have either restored or are in the process of restoring flood plains. Some examples include:

• Napa River/Napa Creek Flood Protection Project: utilized strategies including riverbank terracing (allowing rising floodwaters room to spread into defined areas), converting pastureland to wetlands that are available to hold excess waters, replacing a number of old bridges that had blocked flows, and incorporating a dry bypass channel to provide a shortcut for fast‑moving water that historically had overtopped the normal pathway of the river. The bypass, completed in 2015, flooded for the first time in February 2017 and helped prevent the type of widespread flooding in downtown Napa that occurred during storms in 2005. (Approved by voters in 1998, under construction since 2000);
• The Southport Levee Setback Project: a collaborative effort between the City of West Sacramento, the local flood control agency, DWR, and the U.S. Army Corps of Engineers that set back four miles of the existing levee on the Sacramento River. This will expand the river’s width, allowing it greater access to its original flood plain, as well as create 152 acres of new riparian habitat. (Construction began in 2016, though restoration work continues);
• Hamilton City Flood Damage Reduction and Ecosystem Restoration Project: a dual-purpose flood risk management and ecosystem restoration project, which will construct approximately 6.8 miles of levee for improved flood protection and about 1,500 acres of native habitat. The new setback levee will provide improved levels of flood risk management and levee stability. (More than 15 years to complete levee component of project with restoration work expected to be completed in 2025); and
• Dos Rios Ranch Flood Plain Expansion and Ecosystem Restoration Project near Modesto: restored 2,100 acres and 8 miles of river front as well as conserved 7,000 acre-feet of water. (More than 10 years to complete, 20 years if property acquisition is included).

Flood plain mapping. Several entities engage in flood plain mapping, which may be used to support flood plain restoration. The Federal Emergency Management Agency is responsible for developing and updating the Flood Insurance Rate Maps (FIRMs) for communities participating in the National Flood Insurance Program. FIRMs are used to determine flood insurance rates and identify flood hazards in the mapped areas. SB 5 (2007) authorized DWR to develop the Best Available Maps (BAM) displaying 100- and 200-year flood plains for areas located within the Sacramento-San Joaquin Valley watershed. DWR has expanded the BAM to cover all counties in the State and to include 500-year flood plains. The 100-, 200-, and 500-year flood plains are displayed on a web viewer.^[3] Some counties have also developed their own flood maps.^[4],[5]

Challenges in flood plain restoration. A 2017 Legislative Analyst’s Office report, Managing Floods in California,^[6] concluded that although flood management needs are great, funding is limited and inconsistent. Some of the key funding challenges include that (1) most funding for flood management activities comes from bonds, which cannot be used for ongoing and maintenance costs, (2) it is difficult for local entities to raise funds, (3) funding that is available for flood-related projects may be restricted for meeting one particular outcome—limiting multi-benefit projects, and (4) the need for flood-related investments fades from public awareness between major floods.

More specifically to flood plain restoration, the Hallwood Side Channel and Flood plain Restoration Project faced several unforeseen challenges.^[7] For example, the project site involved land owned by two competing aggregate production companies and access agreements between these firms required considerable care. There were also environmental limitations and challenges such as higher than anticipated early season groundwater that required creative construction sequencing, river migration that occurred after the initial design phase, and sourcing appropriate material.

According to a Public Policy Institute of California report,^[8] the McCormack-Williamson Tract restoration took nearly a decade to break ground due in large part to a prolonged planning and permitting process and a change in land ownership. The project is large and complex, with landowner concerns about flooding of adjacent properties, impacts to protected species, and the need for compliance under a variety of sections of the federal Clean Water Act, as well as other regulations. The issues surrounding designing a multi-benefit flood management and restoration project—and preparing for the sheer number and complexity of the project’s regulatory requirements—were a substantial drain on project resources. The change in land use (from agriculture with a low-lying levee berm to a tidal marsh) led to extensive discussions about mitigation requirements and increased cost projections. In addition, the restoration of the tract required permits, consultations, and demonstration of consistency with programs under at least 14 state, federal, and local agencies. Project proponents needed to meet many of these requirements through separate processes, increasing costs for all parties and posing the risk that agencies would require inconsistent terms for approval.

Similarly, a 2018 Flood-MAR (managed aquifer recharge) white paper completed by DWR identifies a broad public interest in implementing flood plain restoration projects given California’s changed climate, its accompanying weather extremes, and the multiple benefits (e.g., flood risk reduction, drought preparedness, and ecosystem enhancement) that such projects provide. Despite the upside of Flood-MAR projects identified by the white paper, it also found that “complex technical, legal, and institutional barriers and challenges affect the planning and implementation of Flood-MAR.” These challenges fall into the following categories: 1) cooperation and governance; 2) policy; 3) legal; and 4) implementation. The white paper outlines DWR’s intent to develop an “R&D Framework” for Flood-MAR to identify pilot projects, the first of which is along the Merced River.

1. Arguments in support. Several groups write in support, extoling the benefits of flood plain restoration and the need to better prepare for catastrophic floods. “Natural solutions for water management must be considered to protect farmlands and communities as well as ensuring water as a long-term resource in California.”
2. Related legislation. AB 140 (Núñez and Perata), Chapter 33, Statutes of 2006, enacts the Disaster Preparedness and Flood Prevention Bond Act of 2006, which included $290 million for the protection, creation, and enhancement of flood protection corridors and bypasses through a number of actions including flood plain mapping.

SB 1168 (Pavley), Chapter 346, Statutes of 2014, among other things, states that it is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses and sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science.

SB 5 (Machado), Chapter 364, Statutes of 2007, authorizes DWR to develop the BAM displaying 100- and 200-year flood plains for areas located within the Sacramento-San Joaquin by July 1, 2008.

REGISTERED SUPPORT / OPPOSITION:

Support

Climate Action California
Community Alliance with Family Farmers
The Climate Reality Project

Opposition

None on file

Analysis Prepared by: Stephanie Mitchell / W., P., & W. / (916) 319-2096

1. Huang, X. and Swain, D. L. Climate change is increasing the risk of a California megaflood. ScienceAdvances. (2022) ↑

2. Trotta, D. California town wonders if restored flood plain prevented disaster. Reuters. (February 6, 2023) ↑

3. Best Available Maps, DWR, https://gis.bam.water.ca.gov/bam/ ↑

4. Flood Hazard Mapping, https://www.sandiegocounty.gov/content/sdc/dpw/flood/flood_mapping1.html ↑

5. Los Angeles County’s Flood Zone Determination Website, https://apps.gis.lacounty.gov/dpw/m/?viewer=floodzone ↑

6. Ehlers, R. Managing Floods in California. LAO, March 22, 2017. https://lao.ca.gov/Publications/Report/3571F ↑

7. Southall, N. et al. California river and flood plain project restores natural processes, American Society of Civil Engineers. (2022) ↑

8. Grenier, L. et al. Advancing Ecosystem Restoration with Smarter Permitting. Public Policy Institute of California. (2021) ↑