California 2013-2014 Regular Session Status: Enacted

SB 753 — Central Valley Flood Protection Board.

Last action — Chaptered by Secretary of State. Chapter 639, Statutes of 2013.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works. Existing law authorizes the board to hold a hearing or partial hearing before a committee of one or more members of the board, or before the general manager or chief engineer of the board, at any place within the state. This bill would eliminate the authorization for the board to hold a hearing before the general manager and would authorize the board to hold a hearing or partial hearing before a qualified neutral hearing officer designated by the board president or the executive officer. (2) Existing law requires specified plans that contemplate the construction, enlargement, revetment, or alteration of any levee, embankment, canal, or other excavation in the bed of or along or near the banks of the Sacramento or San Joaquin Rivers or any of their tributaries or specified lands to be approved by the board before construction is commenced. Existing law authorizes the board, and the executive officer if delegated that authority, to issue an order directing a person or public agency to cease and desist from undertaking, or threatening to undertake, an activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board. Existing law requires the cease and desist order to be issued only if the person or public agency has failed to respond in a satisfactory manner to a prescribed notice provided, as specified. Existing law provides that a cease and desist order is effective upon its issuance and that copies are required to be served immediately by certified mail upon the person or agency subject to the order. This bill would repeal these provisions and provide that it is unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. The bill would authorize the board, following notice and opportunity for a hearing, to order the removal or modification of an encroachment that was previously issued a permit by the board if the board makes a specified finding. This bill would authorize the board, the executive officer, the department, or certain local agencies to issue a notice of violation, as specified, if it is determined that any person or public agency has undertaken, is threatening to undertake, or maintains any encroachment, flood system, improvement, or activity in violation of certain provisions. If the board or executive officer determines that any person or public agency has failed to adequately respond to a notice of violation, the bill would authorize the board or executive officer to issue an order directing that person or public agency to cease and desist, as specified. The bill would require that if the board determines that any person or public agency has failed to correct a violation as required in a cease and desist order, the board shall hold an enforcement hearing and may, at the conclusion of the hearing, issue an enforcement order, as prescribed. This bill would provide the board, executive officer, Department of Water Resources, and local agencies that operate and maintain facilities and works on behalf of the board with the authority, as prescribed, to take administrative or civil enforcement actions to abate and remedy any interference or potential interference with facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. The bill would establish the Flood Risk Management Fund in the State Treasury and require all funds received from these penalties to be paid into the fund and available, upon appropriation by the Legislature, to be expended by the board to carry out enforcement of these provisions. The bill would require the board to adopt emergency regulations necessary to implement these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 639, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 32. Noes 6. Page 2040.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 52. Noes 25. Page 2713.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 12. Noes 5.) (August 14).

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (July 2).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on W.,P. & W.

  12. Referred to Com. on W.,P. & W.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 29. Noes 9. Page 1181.) Ordered to the Assembly.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1020.) (May 23).

  17. Set for hearing May 23.

  18. Placed on APPR. suspense file.

  19. Set for hearing May 6.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 642.) (April 23).

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  23. Set for hearing April 23.

  24. Set, first hearing. Hearing canceled at the request of author.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  26. Set for hearing April 9.

  27. Referred to Com. on N.R. & W.

  28. Read first time.

  29. From printer. May be acted upon on or after March 26.

  30. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Dickinson · Cosponsor
  • Pan · Cosponsor
  • Steinberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 8 voted No

Sponsors (1)

  • Steinberg

Co-sponsors (2)

  • Dickinson
  • Pan

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB753 Steinberg Concurrence

Passed 32 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29601
Democratic 3000
Total 32601
% of votes cast 82%15%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Hueso — Yea
Lara — Yea
Nielsen — Yea
Torres — Yea
Vidak — Nay
Corbett — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Steinberg — Yea
Wright — Yea
De León — Yea
Cannella — Yea
Evans — Yea
Hancock — Yea
Block — Yea
Hill — Yea
Knight — Nay
Lieu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Walters — Nay
Wyland — Nay
Wolk — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Galgiani — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 753 Steinberg Senate Third Reading By DICKINSON

Passed 52 Yea · 25 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 482201
Democratic 4000
Republican 0300
Total 522501
% of votes cast 67%32%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Olsen — Nay
Pan — Yea
Skinner — Yea
Wagner — Nay
Weber — Yea
Frazier — Yea
Gordon — Yea
Hall — Yea
Holden — Yea
Medina — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Bonilla — Yea
Nazarian — Yea
Ammiano — Yea
Daly — Yea
Eggman — Yea
Quirk — Yea
Wieckowski — Yea
Gatto — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Hagman — Nay
Allen — Nay
Harkey — Nay
Campos — Yea
Jones-Sawyer — Yea
Chau — Yea
Levine — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Donnelly — Nay
Logue — Nay
Melendez — Nay
Morrell — Nay
Mullin — Yea
Nestande — Nay
Perea — Not Voting
Rendon — Yea
Ting — Yea
Waldron — Nay
Wilk — Nay
Williams — Yea
Dickinson — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Quirk — Yea
Wagner — Nay
Bocanegra — Yea
Holden — Yea
Pan — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Harkey — Nay
Campos — Yea
Linder — Nay
Donnelly — Nay
Eggman — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 10 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Democratic 1100
Republican 0200
Total 10401
% of votes cast 67%27%0%7%
How each member voted (15)
Member Party Vote
Bocanegra — Yea
Gray — Yea
Gatto — Yea
Gomez — Yea
Gonzalez — Yea
Bigelow — Not Voting
Rendon — Yea
Williams — Yea
Frazier — Yea
Yamada — Yea
Beth Gaines — Nay
Allen, Benjamin Democratic Nay
Fong, Mike Democratic Yea
Dahle, Megan Republican Nay
Patterson, Joe Republican Nay

Official roll call →

3rd Reading

Passed 29 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26901
Democratic 3000
Total 29901
% of votes cast 74%23%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Knight — Nay
Lara — Yea
Walters — Nay
Wolk — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Corbett — Yea
De León — Yea
Hernandez — Yea
Hueso — Yea
Block — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Wright — Yea
Wyland — Nay
Fuller — Nay
Cannella — Not Voting
Huff — Nay
Nielsen — Nay
Galgiani — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
De León — Yea
Steinberg — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does SB 753 do?
(1) Existing law provides the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works. Existing law authorizes the board to hold a hearing or partial hearing before a committee of one or more members of the board, or before the general manager or chief engineer of the board, at any place within the state. This bill would eliminate the authorization for the board to hold a hearing before the general manager and would authorize the board to hold a hearing or partial hearing before a qualified neutral hearing officer designated by the board president or the executive officer. (2) Existing law requires specified plans that contemplate the construction, enlargement, revetment, or alteration of any levee, embankment, canal, or other excavation in the bed of or along or near the banks of the Sacramento or San Joaquin Rivers or any of their tributaries or specified lands to be approved by the board before construction is commenced. Existing law authorizes the board, and the executive officer if delegated that authority, to issue an order directing a person or public agency to cease and desist from undertaking, or threatening to undertake, an activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board. Existing law requires the cease and desist order to be issued only if the person or public agency has failed to respond in a satisfactory manner to a prescribed notice provided, as specified. Existing law provides that a cease and desist order is effective upon its issuance and that copies are required to be served immediately by certified mail upon the person or agency subject to the order. This bill would repeal these provisions and provide that it is unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. The bill would authorize the board, following notice and opportunity for a hearing, to order the removal or modification of an encroachment that was previously issued a permit by the board if the board makes a specified finding. This bill would authorize the board, the executive officer, the department, or certain local agencies to issue a notice of violation, as specified, if it is determined that any person or public agency has undertaken, is threatening to undertake, or maintains any encroachment, flood system, improvement, or activity in violation of certain provisions. If the board or executive officer determines that any person or public agency has failed to adequately respond to a notice of violation, the bill would authorize the board or executive officer to issue an order directing that person or public agency to cease and desist, as specified. The bill would require that if the board determines that any person or public agency has failed to correct a violation as required in a cease and desist order, the board shall hold an enforcement hearing and may, at the conclusion of the hearing, issue an enforcement order, as prescribed. This bill would provide the board, executive officer, Department of Water Resources, and local agencies that operate and maintain facilities and works on behalf of the board with the authority, as prescribed, to take administrative or civil enforcement actions to abate and remedy any interference or potential interference with facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. The bill would establish the Flood Risk Management Fund in the State Treasury and require all funds received from these penalties to be paid into the fund and available, upon appropriation by the Legislature, to be expended by the board to carry out enforcement of these provisions. The bill would require the board to adopt emergency regulations necessary to implement these provisions.
Who sponsors SB 753?
SB 753 is sponsored by Dickinson, Pan, and Steinberg.
What is the current status of SB 753?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track SB 753?
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