Cal. Gov. Code § 8589.5
Office of Emergency Services
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
(a) Inundation maps showing the areas of potential flooding in the event of sudden or total failure of any dam, the partial or total failure of which the California Emergency Management Agency determines, after consultation with the Department of Water Resources, would result in death or personal injury, shall be prepared and submitted as provided in this subdivision within six months after the effective date of this section, unless previously submitted or unless the time for submission of those maps is extended for reasonable cause by the California Emergency Management Agency. The local governmental organization, utility, or other public or private owner of any dam so designated shall submit to the California Emergency Management Agency one map that shall delineate potential flood zones that could result in the event of dam failure when the reservoir is at full capacity, or if the local governmental organization, utility, or other public or private owner of any dam shall determine it to be desirable, he or she shall submit three maps that shall delineate potential flood zones that could result in the event of dam failure when the reservoir is at full capacity, at median-storage level, and at normally low-storage level. After submission of copies of the map or maps, the California Emergency Management Agency shall review the map or maps, and shall return any map or maps that do not meet the requirements of this subdivision, together with recommendations relative to conforming to the requirements. Maps rejected by the California Emergency Management Agency shall be revised to conform to those recommendations and resubmitted. The California Emergency Management Agency shall keep on file those maps that conform to the provisions of this subdivision. Maps approved pursuant to this subdivision shall also be kept on file with the Department of Water Resources. The owner of a dam shall submit final copies of those maps to the California Emergency Management Agency that shall immediately submit identical copies to the appropriate public safety agency of any city, county, or city and county likely to be affected.
(b) (1) Based upon a review of inundation maps submitted pursuant to subdivision (a) or based upon information gained by an onsite inspection and consultation with the affected local jurisdiction when the requirement for an inundation map is waived pursuant to subdivision (d), the California Emergency Management Agency shall designate areas within which death or personal injury would, in its determination, result from the partial or total failure of a dam. The appropriate public safety agencies of any city, county, or city and county, the territory of which includes any of those areas, may adopt emergency procedures for the evacuation and control of populated areas below those dams. The California Emergency Management Agency shall review the procedures to determine whether adequate public safety measures exist for the evacuation and control of populated areas below the dams, and shall make recommendations with regard to the adequacy of those procedures to the concerned public safety agency. In conducting the review, the California Emergency Management Agency shall consult with appropriate state and local agencies.
(a) For the purposes of this section, “emergency action plan” means a written document that outlines actions to be undertaken during an emergency in order to minimize or eliminate the potential loss of life and property damage.
(b) An emergency action plan shall do all of the following:
(1) Be based upon an inundation map approved by the Department of Water Resources pursuant to Section 6161 of the Water Code.
(2) Be developed by the dam’s owner in consultation with any local public safety agency that may be impacted by an incident involving the dam, to the extent a local public safety agency wishes to consult.
(3) Adhere to Federal Emergency Management Agency guidelines, and include, at a minimum, all of the following:
(A) Notification flowcharts and contact information.
(B) The response process.
(C) The roles and responsibilities of the dam owner and impacted jurisdictions following an incident involving the dam.
(D) Preparedness activities and exercise schedules.
(E) Inundation maps approved by the Department of Water Resources pursuant to Section 6161 of the Water Code.
(F) Any additional information that may impact life or property.
(c) At least once annually, an owner of a dam shall conduct an emergency action plan notification exercise with local public safety agencies, to the extent that a local public safety agency wishes to participate. This annual exercise is to ensure that emergency communications plans and processes are current and implemented effectively.
(d) (1) The appropriate public safety agencies of any city, county, or city and county, the territory of which includes any of those areas identified in an inundation map and the emergency action plan, may adopt emergency procedures for the evacuation and control of the potentially affected areas. The Office of Emergency Services may provide guidance to these agencies on incorporating the emergency action plan into the local all-hazard emergency response plans and local hazard mitigation plans.
(2) Emergency procedures specified in this subdivision shall conform to local needs, and may be required to include any of the following elements or any other appropriate element, in the discretion of the California Emergency Management Agency: (A) Delineation of the area to be evacuated. (B) Routes to be used. (C) Traffic control measures. (D) Shelters to be activated for the care of the evacuees. (E) Methods for the movement of people without their own transportation. (F) Identification of particular areas or facilities in the flood zones that will not require evacuation because of their location on high ground or similar circumstances. (G) Identification and development of special procedures for the evacuation and care of people from unique institutions. (H) Procedures for the perimeter and interior security of the area, including such things as passes, identification requirements, and antilooting patrols. (I) Procedures for the lifting of the evacuation and reentry of the area. (J) Details as to which organizations are responsible for the functions described in this paragraph and the material and personnel resources required. (3) It is the intent of the Legislature to encourage each agency that prepares emergency procedures to establish a procedure for their review every two years.
(2) Local public safety agencies may adopt emergency procedures that incorporate the information contained in an emergency action plan in a manner that conforms to local needs, and that includes all of the following elements: (A) Methods and procedures for alerting and warning the public. (B) Delineation of the area to be evacuated. (C) Routes to be used. (D) Traffic control measures. (E) Shelters to be activated for the care of the evacuees. (F) Methods for the movement of people without their own transportation. (G) Identification of particular areas or facilities in the flood zones that will not require evacuation because of their location on high ground or similar circumstances. (H) Identification and development of procedures for the evacuation and care of people with access and functional needs and for the evacuation of specific facilities, such as schools, hospitals, skilled nursing facilities, and other facilities as deemed necessary. (I) Procedures for the perimeter and interior security of the evacuated area. (J) Procedures for the lifting of the evacuation and reentry of the area. (K) Details as to which organizations are responsible for the functions described in this paragraph and the material and personnel resources required. (3) Each agency that prepares emergency procedures may review and update these procedures in accordance with its established schedules.
(c) “Dam,” as used in this section, has the same meaning as specified in Sections 6002, 6003, and 6004 of the Water Code.
(d) Where both of the following conditions exist, the California Emergency Management Agency may waive the requirement for an inundation map:
(1) Where the effects of potential inundation in terms of death or personal injury, as determined through onsite inspection by the California Emergency Management Agency in consultation with the affected local jurisdictions, can be ascertained without an inundation map.
(2) Where adequate evacuation procedures can be developed without benefit of an inundation map.
(e) If development should occur in any exempted area after a waiver has been granted, the local jurisdiction shall notify the California Emergency Management Agency of that development. All waivers shall be reevaluated every two years by the California Emergency Management Agency.
(f) A notice may be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map, and of any information received by the county subsequent to the receipt of the map regarding changes to inundation areas within the county.
(e) Nothing in Division 10 (commencing with Section 7920.000) of Title 1 shall be construed to require disclosure of an emergency action plan.
(f) The Office of Emergency Services may promulgate emergency regulations, as necessary, for the purpose of this section in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.