Part 8PROJECT LEVEE UPGRADES

Section § 9650

Explanation

If California state funds are used to upgrade a levee project, and that upgrade is authorized after July 1, 2008, any area the levee protects with over 1,000 residents must have a local safety plan within two years. This requires the local agency, along with any city or county affected, to agree to develop and adopt a safety plan.

The safety plan should include a flood preparedness plan, levee patrol strategies for high water, a flood fight plan before state or federal help arrives, an evacuation plan for schools and care facilities, a floodwater removal plan, and guidelines for new essential service buildings to be flood safe.

This plan must mesh with any existing local emergency plans and align with the state emergency plan. If parts of these requirements are already in place, they don't need to be duplicated.

(a)Copy CA Water Code § 9650(a)
(1)Copy CA Water Code § 9650(a)(1) Commencing July 1, 2008, the allocation or expenditure of funds by the state for the upgrade of a project levee, if that upgrade is authorized on or after July 1, 2008, that protects an area in which more than 1,000 people reside shall be subject to a requirement that the local agency responsible for the operation and maintenance of the project levee and any city or county protected by the project levee, including a charter city or charter county, enter into an agreement to adopt a safety plan within two years. If a city or county is responsible for the operation and maintenance of the project levee, the governing body shall approve a resolution committing to the preparation of a safety plan within two years.
(2)CA Water Code § 9650(a)(2) The local entity responsible for the operation and maintenance of the project levee shall submit a copy of the safety plan to the department and the Central Valley Flood Protection Board.
(b)CA Water Code § 9650(b) The safety plan, at a minimum, shall include all of the following elements:
(1)CA Water Code § 9650(b)(1) A flood preparedness plan that includes storage of materials that can be used to reinforce or protect a levee when a risk of failure exists.
(2)CA Water Code § 9650(b)(2) A levee patrol plan for high water situations.
(3)CA Water Code § 9650(b)(3) A flood-fight plan for the period before state or federal agencies assume control over the flood fight.
(4)CA Water Code § 9650(b)(4) An evacuation plan that includes a system for adequately warning the general public in the event of a levee failure, and a plan for the evacuation of every affected school, residential care facility for the elderly, and long-term health care facility.
(5)CA Water Code § 9650(b)(5) A floodwater removal plan.
(6)CA Water Code § 9650(b)(6) A requirement, to the extent reasonable, that either of the following applies to a new building in which the inhabitants are expected to be essential service providers:
(A)CA Water Code § 9650(b)(6)(A) The building is located outside an area that may be flooded.
(B)CA Water Code § 9650(b)(6)(B) The building is designed to be operable shortly after the floodwater is removed.
(c)CA Water Code § 9650(c) The safety plan shall be integrated into any other local agency emergency plan and shall be coordinated with the state emergency plan.
(d)CA Water Code § 9650(d) This section does not require the adoption of an element of the safety plan that was adopted previously and remains in effect.
levee upgrade safety plan flood preparedness evacuation plan floodwater removal levee patrol essential service buildings Central Valley Flood Protection Board flood fight plan local agency responsibility state funds emergency plan coordination charter city charter county public warning system
(Amended (as added by Stats. 2007, Ch. 368, Sec. 8) by Stats. 2015, Ch. 303, Sec. 550. (AB 731) Effective January 1, 2016.)

Section § 9651

Explanation

This law defines key terms used in the context of water and flood control for easy reference. An 'emergency plan' and 'state emergency plan' are defined as per another code. 'Essential service providers' include important community services like hospitals and police stations. A 'long-term health care facility' and a 'residential care facility for the elderly' are defined by other referenced laws. 'Project levee' refers to flood control structures, part of a larger state flood control plan. 'School' includes all education institutions from preschool to secondary level. The 'State Plan of Flood Control' involves various elements of flood control management of specific river projects. 'Upgrade of a project levee' refers to certain improvements of levees but does not include emergency actions.

Unless the context requires otherwise, the definitions set forth in this section govern the construction of this part.
(a)CA Water Code § 9651(a) “Emergency plan” and “state emergency plan” have the meanings set forth in subdivisions (a) and (b), respectively, of Section 8560 of the Government Code.
(b)CA Water Code § 9651(b) “Essential service providers” includes, but is not limited to, hospitals, fire stations, police stations, and jails.
(c)CA Water Code § 9651(c) “Long-term health care facility” has the same meaning as defined in Section 1418 of the Health and Safety Code.
(d)CA Water Code § 9651(d) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control.
(e)CA Water Code § 9651(e) “Residential care facility for the elderly” has the same meaning as defined in Section 1569.2 of the Health and Safety Code.
(f)CA Water Code § 9651(f) “School” means a public or private preschool, elementary school, or secondary school or institution.
(g)CA Water Code § 9651(g) “State Plan of Flood Control” means the state and federal flood control works, lands, programs, plans, policies, conditions, and mode of maintenance and operations of the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 for which the board or the department has provided the assurances of nonfederal cooperation to the United States, and those facilities identified in Section 8361.
(h)Copy CA Water Code § 9651(h)
(1)Copy CA Water Code § 9651(h)(1) “Upgrade of a project levee” means installing a levee underseepage control system, increasing the height or bulk of a levee, installing a slurry wall or sheet pile into the levee, rebuilding a levee because of internal geotechnical flaws, or adding a stability berm.
(2)CA Water Code § 9651(h)(2) Notwithstanding paragraph (1), an upgrade of a project levee does not include any action undertaken on an emergency basis.
emergency plan state emergency plan essential service providers hospitals fire stations long-term health care facility project levee State Plan of Flood Control residential care facility for the elderly school definitions levee upgrades flood control Sacramento River Flood Control Project San Joaquin River watersheds nonfederal cooperation assurances
(Added by Stats. 2007, Ch. 368, Sec. 8. Effective January 1, 2008.)