(a) (1) An owner of a state jurisdictional dam, except an owner of a dam classified by the department pursuant to Section 6160 as a low hazard dam, shall submit electronically to the department an inundation map that shows the area that would be subject to flooding under various failure scenarios unique to the dam and the critical appurtenant structures of the dam.
(2) Before approval of an inundation map, the department shall review the map and may require the owner to make changes that the department deems necessary.
(3) Upon approval of the inundation map or maps by the department, the owner of the dam shall develop and submit to the department and the Office of Emergency Services based upon the approved inundation map or maps an emergency action plan that is based upon the approved inundation map or maps.
(4) If an owner of a dam has an existing emergency action plan as of March 1, 2017, the department shall review an inundation map contained in the plan. If the department determines the inundation map is sufficient, the department shall request the Office of Emergency Services to review the emergency action plan associated with that inundation map.
(b) (1) The Office of Emergency Services shall review and approve an emergency action plan no later than 60 days after receipt of the plan from the dam owner pursuant to Section 8589.5 of the Government Code. To the extent possible, the Office of Emergency Services shall give priority to a dam with the highest hazard classification as determined by the department pursuant to Section 6160.
(2) If the Office of Emergency Services determines a proposed emergency action plan does not meet the requirements of Section 8589.5 of the Government Code, the Office of Emergency Services shall inform the owner of the dam and require the owner of the dam to amend and resubmit the emergency action plan for approval. The Office of Emergency Services shall review and, if the emergency action plan meets the requirements of Section 8589.5 of the Government Code, approve a resubmitted emergency action plan within 30 days of receipt from the owner of the dam.
(3) Upon approval by the Office of Emergency Services of an emergency action plan, the Office of Emergency Services shall notify the department and the owner of the dam of the approval. The owner of the dam shall ensure that the approved emergency action plan is disseminated to appropriate public safety and emergency management agencies in potentially affected jurisdictions, to the extent these agencies wish to receive approved emergency action plans.
(c) (1) The department shall make an approved inundation map publicly available.
(2) Nothing in Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code shall be construed to require disclosure of an emergency action plan.
(d) (1) Pursuant to the classification by the department under Section 6160, an owner of a dam shall complete and submit an emergency action plan as follows:
(A) On or before January 1, 2018, if the hazard classification of the dam is extremely high.
(B) On or before January 1, 2019, if the hazard classification of the dam is high.
(C) On or before January 1, 2021, if the hazard classification of the dam is significant.
(2) An owner of a dam who has an existing emergency action plan as of March 1, 2017, that the department determines has a sufficient inundation map and that the Office of Emergency Services determines has a sufficient emergency action plan pursuant to paragraph (4) of subdivision (a) is not subject to the timelines set forth in paragraph (1).
(e) An owner of a dam shall update an emergency action plan, including an inundation map, no less frequently than every 10 years, and sooner under conditions that include, but are not limited to, the following:
(1) A significant modification to the dam or a critical appurtenant structure, as determined by the department.
(2) A significant change to downstream development that involves people and property.
(Added by Stats. 2017, Ch. 26, Sec. 88. (SB 92) Effective June 27, 2017.)
Last modified: October 25, 2018