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Legislative Bill Action ................................................................ The following are summaries of just a few of the legislative bills that are currently being acted upon by the League of California Cities. For more information about these and other bills, please visit the League website to access information about legislation, policy issues and related develop- ments. You can track information on bills (www.cacities.org/billsearch), locate legislators and legislative committees, send letters to legislators or the media through the online Advocacy Center (www.cacities.org/advocacycenter), research League policy positions, access useful related links, and much more. ENVIRONMENTAL government meets all of the requirements of state and federal law when evaluating and approving AS 3050 (Assem. Judiciary Committee), development. Flood Control. Liability. AB 3050 would require that local governments with land use authority For example, if the damages are due to bad share in the liability for damages caused by floods engineering, poor construction or floods in excess due to failure of levees if the local government of the design of the flood control system, it is approves development on "undeveloped land," completely inappropriate for the city or county that defined as land that was previously devoted to approved the development - in accordance with "agricultural use" or "open space." existing law and to meet its housing requirements - to share in the liability. The League opposes AB 3050 because it does not believe it is appropriate or fair to require local While AB 3050 does not include most already governments that approve development in accor- urbanized area, it is not limited to flood damages dance with state and federal law and that have no due to levee failure, but to a broader range of flood responsibility for the operation or maintenance of control infrastructure. The bill passed the Assem- levees and flood control systems to be liable for bly Judiciary Committee this week and is now damages simply because they approved the pending in the Assembly Appropriations Committee. development. In fact, the bill specifically states that All cities should write members of the Assembly "Whether or not a local public entity directly partici- Appropriations Committee and their Assembly pates in the operation or maintenance of a flood Members to oppose AB 3050. Staff: Yvonne control project, it shall be subject to joint liability..." Hunter; Status: Pending in AsmAppr; Position: Oppose. AB 3050 does not address the underlying problem with the state's levee and flood control WANT TO SEND A LETTER IN system - that of deferred maintenance and lack of SUPPOR T OF A LEAGUE POSITION? funds for repairs. Instead, it simply brings in local HERE'S WHO TO CALL: governments to share in the liability for damages in order to shield the state from future lawsuits. ASSEMBLY APPROPRIATIONS (18)-Chu AB 3050 is the result of a court case (the so- (chair), Runner (vice chair), Bass, Berg, Calderon, De La Torre, Emmerson, Haynes, called Paterno decision) which found the State of Karnette, K1ehs, Leno, Nakanishi, Nation, California liable for flood damages due to a levee Oropeza, Ridley-Thomas, Saldana, Walters, and failure. In Paterno the state paid damages of about Yee. Chief Consultant: Geoff Long. Principal one half billion dollars. Yes, it remains unclear why Consultants: Julie Sallie-Gray, Steve Archibald, local governments should be required to share in Scott Bain, Chuck Nicol, Kimberly Rodriguez, the state's liability for actions that are beyond the Stephen Shea. Secretary: Laura Lynn Gondek. control of local governments, especially if the local Room 2114. Phone: (916) 319-2081. Visit the League's Official Website--www.cacities,org PRIORITY FOCUS - PAGE 9 April 7, 2006 . Issue #14 --^,.,.