| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 727Introduced by Assembly Member FloraFebruary 19, 2019 An act to amend Section 6103 6004 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 727, as amended, Flora. Dams and reservoirs: inspections and reporting. exclusions.Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would specify that a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use for the purposes of an exclusion from being a considered a dam.Existing law requires the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, on or before January 1, 2019, and every 10 years thereafter, to propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. Existing law requires the Department of Water Resources to provide on its internet website the dam safety inspection and reevaluation protocols, notice of the divisions intent to update the protocols, a schedule for the update, and any updates to the protocols. Existing law requires the department to report to the Governor and the Legislature on amendments developed pursuant to these provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols. This bill would make nonsubstantive changes in these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use.(b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam.SECTION 1.Section 6103 of the Water Code is amended to read:6103.(a)(1)On or before January 1, 2019, the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, shall propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety.(2)Each proposed amendment, at minimum, shall provide an estimated range of potential cost to implement the new protocol and resulting required remediation, if any. The proposed amendments shall specify which dams the protocol applies to.(3)The amendments proposed in paragraph (1) shall provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated.(b)(1)Every ten years, the Division of Safety of Dams, in consultation with national dam safety organizations, shall reassess the previously adopted amendments and propose additional amendments as necessary. This section does not preclude more frequent revisions as needed.(2)The department shall notify dam owners and the Legislature of the Division of Safety of Dams intent to update its dam safety inspection and reevaluation protocols prior to amending the protocols. The department shall also provide notice on its public internet website of the planned update and the schedule for the update.(3)The department shall make its dam safety inspection and reevaluation protocols and any updates to the protocols available on its internet website.(c)(1)The department shall report to the Governor and the Legislature on the amendments developed pursuant to subdivisions (a) and (b) and shall continue to coordinate with appropriate federal entities.(2)A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
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| 3 | + | Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 727Introduced by Assembly Member FloraFebruary 19, 2019 An act to amend Section 6103 6004 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 727, as amended, Flora. Dams and reservoirs: inspections and reporting. exclusions.Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would specify that a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use for the purposes of an exclusion from being a considered a dam.Existing law requires the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, on or before January 1, 2019, and every 10 years thereafter, to propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. Existing law requires the Department of Water Resources to provide on its internet website the dam safety inspection and reevaluation protocols, notice of the divisions intent to update the protocols, a schedule for the update, and any updates to the protocols. Existing law requires the department to report to the Governor and the Legislature on amendments developed pursuant to these provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols. This bill would make nonsubstantive changes in these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly March 21, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 11, 2019 | |
| 8 | 7 | Amended IN Assembly March 21, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 727 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member FloraFebruary 19, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Flora | |
| 17 | 16 | February 19, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to amend Section 6004 of the Water Code, relating to water. | |
| 18 | + | An act to amend Section 6103 6004 of the Water Code, relating to water. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 727, as amended, Flora. Dams and reservoirs: exclusions. | |
| 24 | + | AB 727, as amended, Flora. Dams and reservoirs: inspections and reporting. exclusions. | |
| 26 | 25 | ||
| 27 | - | Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would specify that a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use for the purposes of an exclusion from being a considered a dam | |
| 26 | + | Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would specify that a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use for the purposes of an exclusion from being a considered a dam.Existing law requires the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, on or before January 1, 2019, and every 10 years thereafter, to propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. Existing law requires the Department of Water Resources to provide on its internet website the dam safety inspection and reevaluation protocols, notice of the divisions intent to update the protocols, a schedule for the update, and any updates to the protocols. Existing law requires the department to report to the Governor and the Legislature on amendments developed pursuant to these provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols. This bill would make nonsubstantive changes in these provisions. | |
| 28 | 27 | ||
| 29 | 28 | Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use. | |
| 30 | 29 | ||
| 31 | - | This bill would specify that a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use for the purposes of an exclusion from being a considered a dam dam, provided the structure is no greater than 20 feet in height. | |
| 30 | + | This bill would specify that a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use for the purposes of an exclusion from being a considered a dam. | |
| 31 | + | ||
| 32 | + | Existing law requires the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, on or before January 1, 2019, and every 10 years thereafter, to propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. Existing law requires the Department of Water Resources to provide on its internet website the dam safety inspection and reevaluation protocols, notice of the divisions intent to update the protocols, a schedule for the update, and any updates to the protocols. Existing law requires the department to report to the Governor and the Legislature on amendments developed pursuant to these provisions and to notify dam owners and the Legislature of the divisions intent to update dam safety inspection and reevaluation protocols prior to amending the protocols. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would make nonsubstantive changes in these provisions. | |
| 37 | + | ||
| 38 | + | ||
| 32 | 39 | ||
| 33 | 40 | ## Digest Key | |
| 34 | 41 | ||
| 35 | 42 | ## Bill Text | |
| 36 | 43 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use.(b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam.SECTION 1.Section 6103 of the Water Code is amended to read:6103.(a)(1)On or before January 1, 2019, the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, shall propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety.(2)Each proposed amendment, at minimum, shall provide an estimated range of potential cost to implement the new protocol and resulting required remediation, if any. The proposed amendments shall specify which dams the protocol applies to.(3)The amendments proposed in paragraph (1) shall provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated.(b)(1)Every ten years, the Division of Safety of Dams, in consultation with national dam safety organizations, shall reassess the previously adopted amendments and propose additional amendments as necessary. This section does not preclude more frequent revisions as needed.(2)The department shall notify dam owners and the Legislature of the Division of Safety of Dams intent to update its dam safety inspection and reevaluation protocols prior to amending the protocols. The department shall also provide notice on its public internet website of the planned update and the schedule for the update.(3)The department shall make its dam safety inspection and reevaluation protocols and any updates to the protocols available on its internet website.(c)(1)The department shall report to the Governor and the Legislature on the amendments developed pursuant to subdivisions (a) and (b) and shall continue to coordinate with appropriate federal entities.(2)A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 38 | 45 | ||
| 39 | 46 | The people of the State of California do enact as follows: | |
| 40 | 47 | ||
| 41 | 48 | ## The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | - | SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use | |
| 50 | + | SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use.(b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam. | |
| 44 | 51 | ||
| 45 | 52 | SECTION 1. Section 6004 of the Water Code is amended to read: | |
| 46 | 53 | ||
| 47 | 54 | ### SECTION 1. | |
| 48 | 55 | ||
| 49 | - | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use | |
| 56 | + | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use.(b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam. | |
| 50 | 57 | ||
| 51 | - | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use | |
| 58 | + | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use.(b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam. | |
| 52 | 59 | ||
| 53 | - | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use | |
| 60 | + | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use.(b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam. | |
| 54 | 61 | ||
| 55 | 62 | ||
| 56 | 63 | ||
| 57 | - | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use. | |
| 64 | + | 6004. (a) No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete, or both, no tank elevated above the ground, and no barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. For the purposes of this subdivision, a structure owned or operated by a public entity may have the principal purpose of impounding water for agricultural use. | |
| 58 | 65 | ||
| 59 | 66 | (b) No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall be considered a dam. | |
| 60 | 67 | ||
| 61 | 68 | (c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum. | |
| 62 | 69 | ||
| 63 | 70 | (d) No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam. | |
| 71 | + | ||
| 72 | + | ||
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (a)(1)On or before January 1, 2019, the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, shall propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (2)Each proposed amendment, at minimum, shall provide an estimated range of potential cost to implement the new protocol and resulting required remediation, if any. The proposed amendments shall specify which dams the protocol applies to. | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (3)The amendments proposed in paragraph (1) shall provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated. | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (b)(1)Every ten years, the Division of Safety of Dams, in consultation with national dam safety organizations, shall reassess the previously adopted amendments and propose additional amendments as necessary. This section does not preclude more frequent revisions as needed. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (2)The department shall notify dam owners and the Legislature of the Division of Safety of Dams intent to update its dam safety inspection and reevaluation protocols prior to amending the protocols. The department shall also provide notice on its public internet website of the planned update and the schedule for the update. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (3)The department shall make its dam safety inspection and reevaluation protocols and any updates to the protocols available on its internet website. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (c)(1)The department shall report to the Governor and the Legislature on the amendments developed pursuant to subdivisions (a) and (b) and shall continue to coordinate with appropriate federal entities. | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (2)A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. |