COVID-19 ALERTS

Governor Orders All Californians to Stay Home - In a press conference on March 19, 2020, Governor Newsom issued Executive Order directing ALL state residents to stay home, except for essential needs and "to maintain continuity of operations of the federal critical infrastructure sectors." The order takes effect immediately and continue indefinitely "until further notice."
Preliminary Economic Outlook from Legislative Analyst Office - A preliminary fiscal evaluation of impact to California's State Budget from COVID-19 due to reduced capitol gains income tax with falling stock market, income tax filing extension, and closure of businesses is released by the LAO.
Governor Allows Public Meeting Changes - In order to comply with social distancing directives, the Governor issued an Executive Order providing Brown Act flexibility for public agencies to comply with social distancing guidelines by allowing public meetings to take place electronically with board members participating remotely through teleconferencing.
State Capitol Closed to Public - Pursuant to implementation of Sacramento County's directive for residents to stay home, the Legislature adjourned until April 13 and closed the State Capitol building to the public.
Water Board Operating Procedures - On March 20th, the Regional and State Water Resources Control Board issued guidance on complying with regulatory and permitting requirements during the COVID-19 Emergency. Due to water boards' role in protecting health, safety, and the environment, these agencies are considered essential services and have therefore provided contact information for their staff available to assist the public.
Public Process Extended for Federal Levee Safety Program - Due to COVID-19, the USACE has extended the public comment period and will reschedule stakeholder session in Sacramento once social distancing guidelines allow.

LEGISLATIVE ISSUES

Governor Announces Flood Board Appointments - On March 5, Governor Newsom announced the reappointment of Joseph Countryman and Timothy Ramirez to the Central Valley Flood Protection Board, but left one vacancy with the expiration of Clyde Macdonald's term.
Assembly Support Flood Control Funding - The Assembly Budget Subcommittee supports funding DWR and CVFPB staff, updating of CVFPP, $96 million in bond funding for multi-benefit flood control projects, and $46 million from General Fund for state's cost share in urban levee improvements implemented by the USACE under the American River Common Features Project.
State Budget Proposed - On January 10, Governor Newsom released the fiscal year 2020-21 State Budget proposing $153 billion in expenditures, focusing on affordable housing and prescription drugs, while maintaining healthy reserves for emergencies.
State Water Plan Released - On January 3, the Newsom Administration released a water resilience portfolio proposing a suite of actions to help California prepare for more extreme floods, droughts, aging water infrastructure, and climate impacts on endangered species. The public has until February 7 to provide written feedback, with a Final Portfolio released soon after.
AB 137 Introduced to Prevent Homeless Campsites on Levees - In response to news stories about homeless encampments digging into side of levee and putting nearby people and homes at risk, in June Assemblyman Jim Cooper (D-Elk Grove) amended his Assembly Bill 137 to protect levees in the Central Valley from damaging effects of temporary encampments. Sponsored by the Central Valley Flood Protection Board, the legislation was amended a couple of days later to make it a misdemeanor to live or camp on levee structures.
Governor Appoints Water Officials - DWR Director Karla Nemeth and Chief Deputy Director Cindy Messer were both reappointed by Governor Newsom. Both positions are actively involved in developing the Governor’s water resiliency portfolio and voluntary agreements for implementation of an updated Delta Water Quality Control Plan. Chuck Bonham was also reappointed as Director of the Department of Fish and Wildlife.
Legislative Efforts to Eradicate Destructive Nutria - The 2019-20 State Budget included an additional $2 million to battle intrusion of Nutria into the Central Valley. Assemblyman Quirk also introduced Assembly Joint Resolution 8 to encourage Congress to add California to the Nutria Eradication Act and appropriate $4 million to aid control activities. In Congress, four California Representatives introduced H.R. 3399 to reauthorize the Nutria Eradication and Control Act of 2003 and direct $7 million in funding to assist efforts in the Central Valley.
Governor Signs State Budget - The fiscal year 2019-20 State Budget was signed by Governor Newsom before the July 1 deadline. The $215 billion budget includes $9.25 million for atmospheric river research and $70 million for projects proposed in the Delta voluntary agreements, including habitat restoration and scientific research.
Informational Hearing Focuses on Flood Risks and Preparedness - An opening statement by Assemblyman Adam Gray (D-Modesto) at a joint informational hearing of the Governmental Organization and Water, Parks, & Wildlife Committees highlighted the potential damage from flooding in the Central Valley. He grilled DWR about existing reservoirs having insufficient storage to handle the amount of storm runoff predicted in statistics provided by the department and declared these potential risks are why he has introduced AB 638 to address climate change impacts. Panel speakers included CCVFCA Executive Director Melinda Terry who encouraged a consistent level of appropriations in the State Budget for maintenance of levees and bypass channels in the State Plan of Flood Control system.
Legislature Denies Increased Local Representation on DSC - AB 1194 by Assemblyman Jim Frazier, which proposed adding two Delta local representatives as voting members of the Delta Stewardship Council, failed in the Assembly Water, Parks, and Wildlife Committee on April 9th.
Delta Senator Proposes Oversight of WaterFix - Senator Bill Dodd (D-Napa) introduced SB 204 to require the Delta Conveyance, Design and Construction Authority (DCA) to submit information to the Legislature before approving design and construction contracts for the WaterFix twin tunnels project.
Flood Insurance for Farmers Act - Congressmen John Garamendi (D-Davis) and Doug LaMalfa (R-Chico) have reintroduced legislation, H.R. 830, to provide farmers access to discounted rates under the National Flood Insurance Program (NFIP) and lift the de facto construction and repair prohibition of agricultural structures in high flood risk areas designated by FEMA.

3050 Beacon Blvd., Suite 203

West Sacramento, CA, 95691

(916) 446-0197

Melinda Terry, Executive Director

CALENDAR ALERTS

March 12 - Governor issues Executive Order modifying Brown Act to Allow Electronic Meetings for Public Agencies

March 17 - State Capitol closed to public per Sacramento County's "stay at home" directive

March 18 - CANCELLED: CCVFCA Flood Forum is cancelled due to COVID-19 guidelines on public gatherings

March 19 - Governor issues Executive Order directing all Californians to "Stay Home" and shelter-in-place

March 26 - CANCELLED: USACE Stakeholder Session on Levee Safety Program, Sacramento - New date TBA

March 27 - Downey Brand law firm hosting Webinar for employers on COVID-19, 12:00-1:00 pm - REGISTRATION REQUIRED

LATEST NEWS

Federal Levee Safety Program Guidance - The USACE is developing new policies in an Engineer Circular to guide the management of levee-related flood risks by adopting actions through the Levee Safety Program based on associated risk. Changes to levee inspections and risk assessment are part of new policies. Stakeholder sessions have been cancelled due to COVID-19 and will be rescheduled once social distancing orders allow.
CCVFCA Opposes Delta Levee Regulations - The Association testified and submitted a letter objecting to the Delta Levee Investment Strategy (DLIS) rulemaking package proposed by the Delta Stewardship Council. Letters were also submitted by the Central Delta Water Agency, Local Agencies of the North Delta (LAND), the CA Farm Bureau Federation and the Central Valley Flood Protection Board and DWR also expressed concerns at the hearing.
Yolo Bypass Habitat Restoration Project Heading To Construction - DWR and USBR released Final EIR/EIS for the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project. The Notice of Determination was signed and filed with the State Clearinghouse on July 19, 2019, with construction anticipated to start in 2021. A new Data Viewer is publicly accessible that provides hydrodynamic modeling results and maps for any assessor parcel in the Yolo Bypass.
Drones Are New High-Tech Tool for Flood Managers - Staff with the Sacramento District of the USACE has completed training to pilot a new Unmanned Aerial System (UAS). Weighing less than six pounds, the drone can fly up to 26 miles per hour for up to 45 minutes, making it capable of covering approximately 124 miles.
Overview of New WOTS Regulations - New fill and waste discharge regulations related to the Waters of the State are outlined by attorney involved in the developing an exemption for maintenance activities associated with flood control and stormwater management.
Homeless Camps Damaging Levees - The levees protecting residents and businesses in Natomas are being compromised by trenches being dug into them by the homeless building multi-unit tent encampments. These temporary structures along the Sacramento and San Joaquin Rivers are also preventing local reclamation districts from inspecting levees for structural integrity or being able to floodfight in the event of a levee breach. The city of Sacramento formed a task force to seek solutions.
Yolo County to Study Levee Projects - Yolo County staff presented flood protection options for Knights Landing to County Supervisors. The town of about 1,000 people has flooded in the past when water backs up from the Yolo Bypass. Potential flood control projects for Clarksburg and Yolo communities to consider will be presented in the future.
Updating Reservoir Operations - The Yuba Water Agency and DWR announced a new research project with the San Diego Scripps Institution of Oceanography to evaluate storm and runoff forecasting. The research will provide the U.S. Army Corps of Engineers the information necessary to develop new storm-season operations that reduce flood risks for New Bullards Bar and Oroville Dams.
New Dredge and Fill Regulations Adopted - On April 2, 2019 the State Water Resources Control Board adopted new wetlands definition and regulations that govern the procedures for discharging dredged or fill material into “waters of the state.” CCVFCA joined with other flood control agencies throughout the state to ensure that routine operation and maintenance of flood control facilities would be exempted from permitting and compensatory mitigation requirements. The new rules are scheduled to take effect next year.
Consistency Certification Filed on Delta Levee Project - On April 18, 2019 the Bethel Island Municipal Improvement District filed a consistency certification with the Delta Stewardship Council for a levee improvement and seepage reduction project. The deadline for an appeal of the certification is May 20, 2019.
Regional General Permit Proposed - The U.S. Army Corps of Engineers is proposing to issue a new regional general permit (RGP) for habitat restoration activities to support recovery of salmon in the Sacramento-San Joaquin watershed and Suisun Bay. The proposed RGP would authorize permanent or temporary work in navigable waters of the U.S., including the discharge of fill materials associated with salmon habitat restoration projects that meet CDFW’s Fisheries Restoration Grant Program (FRGP). Deadline to submit comments on the proposal is April 19, 2019.
Searchable Online National Levee Database - Ever wonder which Central Valley project levees are ineligible for the U.S. Army Corps of Engineers’ (USACE) PL 84-99 funding (RIP)? Ever wonder when the last Periodic Inspection report was done on a USACE project levee and what the results were? Ever wonder what the official name of a particular levee segment is? All this and more has been entered into the National Levee Database (NLD) developed by the USACE that allows numerous ways to search including finding reports on levees located within your state, zip code, or address. Authorized by Congress in 2007, the database contains information to link activities, such as flood risk communication, levee system evaluation for the National Flood Insurance Program (NFIP), levee system inspections, flood plain management, and risk assessments.