California 2019-2020 Regular Session Status: Passed Assembly

AB 137 — Facilities of the State Plan of Flood Control.

Last action — In committee: Held under submission.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the Central Valley Flood Protection Board and authorizes the board to engage in various flood control activities along the Sacramento River, the San Joaquin River, their tributaries, and related areas. Existing law requires every plan of reclamation, flood control, drainage, improvement, dredging, or work, that includes or contemplates 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 connected therewith, upon any land adjacent thereto, within any of the overflow basins thereof, or upon any land susceptible to overflow therefrom, to be approved by the board before construction is commenced. Existing law prohibits a levee along a river or bypass at any of those specified places, or any levee forming part of any adopted flood control plan, from being cut or altered without permission of the board. Existing law makes a violation of the latter provisions a misdemeanor. This bill would instead prohibit a person from concealing, defacing, destroying, modifying, using, occupying, cutting, altering, or physically or visually obstructing any levee along a river or bypass at any of those specified places, any levee forming part of any flood control plan, or any other facility of the State Plan of Flood Control, including, but not limited to, any and all associated rights of way, without permission of the board. By expanding the behavior that would be punishable as a misdemeanor, the bill would impose a state-mandated local program. The bill would authorize the board or its designee, or a local agency that maintains the levee or facility, to inspect and remove any physical or visual obstructions placed or alterations made on any of the above-specified levees or facilities, including, but not limited to, any and all associated rights of way. The bill would authorize a peace officer, as defined, to enforce those provisions punishable by a misdemeanor in any place in the state to which the peace officer's authority extends. This bill would declare, among other things, that facilities of the State Plan of Flood Control are critical public infrastructure necessary for the protection of life, property, and the economy. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

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

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (July 9).

  5. Re-referred to Com. on N.R. & W.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  7. Re-referred to Com. on RLS.

  8. Withdrawn from committee.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  10. In committee: Set, second hearing. Hearing canceled at the request of author.

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 3. Page 915.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 7. Noes 1.) (March 19).

  17. Re-referred to Com. on PUB. S.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  19. In committee: Hearing for testimony only.

  20. Referred to Com. on PUB. S.

  21. Read first time.

  22. From printer. May be heard in committee January 7.

  23. Introduced. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Cooper

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Democratic 3000
Unaffiliated 4001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Hertzberg — Yea
Hueso — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 137 Cooper Assembly Third Reading

Passed 63 Yea · 3 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 19105
Unaffiliated 38208
Republican 6001
Total 633014
% of votes cast 79%4%0%18%
How each member voted (80)
Member Party Vote
Salas — Yea
Brough — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Bloom — Yea
Santiago — Yea
Voepel — Yea
Obernolte — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Melendez — Yea
O'Donnell — Yea
Waldron — Yea
Levine — Nay
Rodriguez — Not Voting
Kamlager-Dove — Not Voting
Mathis — Not Voting
Weber — Not Voting
Chu — Not Voting
Eggman — Not Voting
McCarty — Not Voting
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Mark Stone — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Nay
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1100
Total 7100
% of votes cast 88%13%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Diep — Yea
Kamlager-Dove — Yea
Jones-Sawyer — Yea
Quirk — Yea
Bauer-Kahan, Rebecca Democratic Nay
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does AB 137 do?
Existing law establishes the Central Valley Flood Protection Board and authorizes the board to engage in various flood control activities along the Sacramento River, the San Joaquin River, their tributaries, and related areas. Existing law requires every plan of reclamation, flood control, drainage, improvement, dredging, or work, that includes or contemplates 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 connected therewith, upon any land adjacent thereto, within any of the overflow basins thereof, or upon any land susceptible to overflow therefrom, to be approved by the board before construction is commenced. Existing law prohibits a levee along a river or bypass at any of those specified places, or any levee forming part of any adopted flood control plan, from being cut or altered without permission of the board. Existing law makes a violation of the latter provisions a misdemeanor. This bill would instead prohibit a person from concealing, defacing, destroying, modifying, using, occupying, cutting, altering, or physically or visually obstructing any levee along a river or bypass at any of those specified places, any levee forming part of any flood control plan, or any other facility of the State Plan of Flood Control, including, but not limited to, any and all associated rights of way, without permission of the board. By expanding the behavior that would be punishable as a misdemeanor, the bill would impose a state-mandated local program. The bill would authorize the board or its designee, or a local agency that maintains the levee or facility, to inspect and remove any physical or visual obstructions placed or alterations made on any of the above-specified levees or facilities, including, but not limited to, any and all associated rights of way. The bill would authorize a peace officer, as defined, to enforce those provisions punishable by a misdemeanor in any place in the state to which the peace officer's authority extends. This bill would declare, among other things, that facilities of the State Plan of Flood Control are critical public infrastructure necessary for the protection of life, property, and the economy. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 137?
AB 137 is sponsored by Cooper.
What is the current status of AB 137?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 137?
Track AB 137 free on One Click Politics — get push/email alerts when it moves.

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