2007 California Water Code Part 8. Project Levee Upgrades

CA Codes (wat:9650-9651.duplicate)

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) 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 Reclamation Board.
   (b) The safety plan, at a minimum, shall include all of the
following elements:
   (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) A levee patrol plan for high water situations.
   (3) A flood-fight plan for the period before state or federal
agencies assume control over the flood fight.
   (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) A floodwater removal plan.
   (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) The building is located outside an area that may be flooded.
   (B) The building is designed to be operable shortly after the
floodwater is removed.
   (c) The safety plan shall be integrated into any other local
agency emergency plan and shall be coordinated with the state
emergency plan.
   (d) This section does not require the adoption of an element of
the safety plan that was adopted previously and remains in effect.



9651.  Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
   (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) "Essential service providers" includes, but is not limited to,
hospitals, fire stations, police stations, and jails.
   (c) "Long-term health care facility" has the same meaning as
defined in Section 1418 of the Health and Safety Code.
   (d) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
   (e) "Residential care facility for the elderly" has the same
meaning as defined in Section 1569.2 of the Health and Safety Code.
   (f) "School" means a public or private preschool, elementary
school, or secondary school or institution.
   (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) (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) Notwithstanding paragraph (1), an upgrade of a project levee
does not include any action undertaken on an emergency basis.