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LEGISLATURE AWASH IN FLOOD BILLS Activity heated up this week in the Assembly on two key flood control bills, AB 1899 (Wolk) and AB 3050 (Jones). The League has no position at this time on AB 1899 - the so-called "show me the flood protection bill". We are continuing to work with the author to address the League's concerns. The League opposes AB 3050, which would establish that local governments that approve housing developments in areas previously zoned agricultural or open space share liability with the state for flood damage. Amended AS 1899 Moves to Assembly Floor AB 1899 was removed from the Assembly Appropriations Suspense File this week and passed on to the Assembly floor. In the process, it was substantially amended and should be in print soon. As amended, AB 1899 applies only to cities and counties within the Sacramento-San Joaquin Rivers watershed. It would establish a process for cities and counties to follow in reviewing and approving residential development in areas that are subject to flooding with a depth of three feet or greater. Prior to proceeding with such develop- ment, verification of the existence of 1 OO-year flood protection would be required, and, a plan imple- mented that will achieve a 200-year protection standard within ten years. In the interim, the measure would require that the developer provide notice to homebuyers about the flood risk. The developer would also be required to arrange for the property to have flood insurance until the 200-year standard it met. The bill also incorporates flood protection verification and mitigation into the CEQA review of a project. AB 1899 is now pending on the Assembly floor and will be taken up next week. Friday, June 2, is the deadline to get bills out of the house of origin The League thanks Assemblymember Wolk and her staff for their willingness to respond to our concerns and to amend the bill accordingly. At this time, the League has no position on the bill and is continuing our analysis, consultation with cities and the author. Cities are encouraged to review the amended version of AB 1899 carefully and send their comments to the League's Sacra- mento office. Making Lawful City Actions Responsible for Flood Damage AB 3050, which attempts to have cities and counties share in the state's liability for flood damage, failed on the Assembly floor Thursday on a 35-36 vote, with nine legislators not voting. The bill was unexpectedly taken up at the last minute, after many at the Capitol thought the house was shutting down. It should be noted that although the measure failed passage, reconsideration was granted and we expect it to come up again next week. The League continues to oppose AB 3050 because we do not think it is appropriate to shift liability to cities that approve development when the city does not operate the flood control infra- structure and if the city has complied with state and federal law in approving the development. The Legislature cannot have it both ways: it cannot, one the one hand, pass laws that increas- ingly push cities to approve housing, while on the other hand, make cities liable for flood damage if they approve housing while adhering to state and federal planning and flood control laws. Cities should write their Assemblymembers and urge a no vote on AB 3050. Although AB 3050 failed on the Assembly floor, it was granted recon- sideration and is likely to be taken up again. AB 1899 - Status: Pending on the Assembly floor; Position: Pending; Staff: Yvonne Hunter AB 3050 - Status: Failed on Assembly floor; reconsideration granted; Position: Oppose; Staff: Yvonne Hunter PAGE 4 - PRIORITY FOCUS May 26, 2006 - Issue #21 Visit the League's Official Website--www.cacities.org