BILL NUMBER: AB 70	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 4, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007
	AMENDED IN ASSEMBLY  FEBRUARY 21, 2007

INTRODUCED BY   Assembly Member Jones

                        DECEMBER 4, 2006

   An act to add Section 8307 to the Water Code, relating to flood
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 70, as amended, Jones. Flood liability.
   Existing law, under various circumstances, subjects a public
entity or an employee of a public entity to liability for property
damage or personal injury caused by or from floods or floodwaters.
   This bill would  subject a local public entity to joint
liability with the state   provide that a city or county
may be required to contribute its fair and reasonable share of the
property damage caused by a flood  to the extent that the local
public entity increases the state's exposure to liability for
property damage by  unreasonably  approving new development
in a previously undeveloped area, as defined, that is protected by a
state flood control project  and if it is determined that the
city or county failed to comply with other applicable provisions of
existing law  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8307 is added to the  
Water Code   , to read:  
   8307.  (a) A city or county may be required to contribute its fair
and reasonable share of the property damage caused by a flood to the
extent that the city or county increases the state's exposure to
liability for property damage by unreasonably approving new
development in a previously undeveloped area that is protected by a
state flood control project and if it is determined that the city or
county failed to comply with other applicable provisions of existing
law.
   (b) For the purposes of this section:
   (1) "State flood control project" means any flood control works
within 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 12468) of Chapter 2 of Part 6 of Division 6.

   (2) "Undeveloped area" means an area devoted to "agricultural use,"
as defined in Section 51201 of the Government Code, or "open space
land," as defined in Section 65560 of the Government Code, which is
not already designated for development in a general or specific plan
or by a local zoning ordinance.  
  SECTION 1.    The Legislature finds and declares
that recent court rulings have upheld liability on the part of the
state under theories of inverse condemnation caused by the failure of
state flood control projects.  
  SEC. 2.    Section 8307 is added to the Water
Code, to read:
   8307.  (a) Whether or not a local public entity directly
participates in the operation or maintenance of a state flood control
project, it is subject to joint liability with the state to the
extent that the local public entity increases the state's exposure to
liability for property damage by approving new development in a
previously undeveloped area that is protected by a state flood
control project.
   (b) For the purposes of this section:
   (1) "State flood control project" means any flood control works
within 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.

   (2) "Undeveloped area" means an area devoted to "agricultural use,"
as defined in Section 51201 of the Government Code, or "open space
land," as defined in Section 65560 of the Government Code.