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Home < Issues < 2007 State Legislation

AB 70 (Jones)

Flood Liability 


Fresno Chamber Position: OPPOSE


AB 70 (Jones) imposes liability for damages caused by the failure of state-operated flood control projects.

The state is liable for damages because its flood control plan was found to be unreasonable. In particular the court stated that it was unreasonable for the state to improve levees by adding dirt on an existing foundation that it knew was porous and unstable.

AB 70 (Jones) is asking local governments to accept liability for a problem not of their own making. Local governments do not own or control the state’s levees. They do not have the power to repair or improve them. They do not have the responsibility to operate or maintain them. AB 70 (Jones) merely shifts liability from the state to local governments. Bankrupting local governments won’t save the state from liability. It will, however, make it increasingly difficult to develop much needed housing for the states growing population.
 

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Contact Amy Huerta, the Chamber's Government Affairs Manager for more information at (559) 495-4818 or ahuerta@fresnochamber.com

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