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County wary of Sacramento measures
Wednesday, May 04, 2005
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State and federal legislation affecting Napa County is constantly under surveillance by local officials, and this week the Napa County Board of Superviors and staffers raised red flags regarding two bills under consideration in Sacramento.

On Tuesday, supervisors voted to oppose a measure that would give the state of California broad new powers to site electrical transmission lines with little local input.
Separately, a county legislative committee sent up warning flares about a plan to create a Central Valley Flood Control District. Such an agency might affect Napa's flood control project and set up new assessments for property owners who would receive little direct benefit.

Flood control bill
On Monday Napa County's Legislative Subcommittee, comprised of Supervisors Diane Dillon and Mark Luce and staffed by analyst Andrew Carey, were joined on a conference call by Don Peterson, who runs a legislative lobbying group in Sacramento. Peterson has represented Napa County in the state capital for two decades.

The agenda for the group, which meets in a small conference room in the Napa County CEO's office, contained several Sacramento bills that have caught the attention of members, including AB 1665.
The bill would create the Central Valley Flood Control District which, if formed, would include Napa County. The district could then impose assessments, fees or other charges on property owners within its boundaries. Those fees would be placed in a fund under the control of the district itself, not the state or any local agency.

"There's a lot of great nervousness about it," said Peterson, who also represents a number of other water districts that could be affected. "The goal (of AB 1665) is to get the state's general fund out of the flood control business."

The measure could also have ramifications for Napa's Flood Control District, which relies on the state for a small portion of its funding. The state is currently $1.7 million in arrears to the Napa flood control district.

The bill was put forth by Gov. Arnold Schwarzenegger's administration and authored by Assemblyman John Laird, D-Santa Cruz.

Laird recently removed much of the original language and said he will work closely with the administration, local agencies, the Central Valley Flood Control Association, and other stakeholders on creating a bill with more broad support.

The bill attempts to address a 2003 court ruling known as the Paterno Decision that held the state liable in hundreds of cases where property owners suffered damage following a levee collapse. The decision was termed "not much good news for flood control agencies," by the office of the state's legislative counsel. However, the court found that property owners were bearing too much of a burden for regional flood control agency decisions.

"This is unfair to impose on Napa County residents," said Diane Dillon, the board chair.

Peterson vowed to watch the measure closely. It's a two-year bill that could move slowly, at least for now.

Transmission lines

Separately, Napa Supervisors voted 5-0 to oppose a measure that would give the state the authority to impose transmission corridor zones, or TCZs, usurping local control by giving the state's energy commission broad land-use authority.

According to the Regional Council of Rural Counties, to which Napa County belongs, the state could act "in a way that would tie up land uses for an undetermined length of time without property owner compensation, give the Energy Commission local land use authority to approve future development within the TCZ and require local governments to amend their general plans to be consistent with the TCZ."

Despite strong opposition from the RCRC, the League of Cities and the state supervisors association, the bill has passed out of two key committees on unanimous votes.

"It's fairly onerous," said Peterson. "It subverts local planning."

He urged Napa County to communicate its opposition immediately to State Sen. Wesley Chesbro, D-Arcata.

Two years ago, a plan was narrowly averted that could have placed major transmission lines through a portion of west-central Napa County in the Dry Creek area.
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