Bill Text: CA AB1259 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1259 (Prior Session Legislation)

Bill Title: Sacramento-San Joaquin Valley.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 246, Statutes of 2013. [AB1259 Detail]

Download: California-2013-AB1259-Chaptered.html

BILL NUMBER: AB 1259	CHAPTERED
	BILL TEXT

	CHAPTER  246
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2013
	PASSED THE SENATE  AUGUST 19, 2013
	PASSED THE ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to amend Sections 65962 and 66474.5 of the Government Code,
relating to flood management.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1259, Olsen. Sacramento-San Joaquin Valley.
   Existing law requires each city and county within the
Sacramento-San Joaquin Valley, within 24 months of the adoption of
the Central Valley Flood Protection Plan, to amend its general plan
to include specified data, policies, and implementation measures. The
city or county is also required, within 36 months of the adoption of
the Central Valley Flood Protection Plan, but not more than 12
months after the amendment of its general plan, to amend its zoning
ordinance to be consistent with the general plan, as amended.
   After the general plan amendments and zoning ordinance amendments
have become effective, the city or county, unless it makes one of 3
specified findings, is prohibited from approving specified permits
that would result in specified construction located within a flood
hazard zone, and is required to deny approval of a tentative map, or
a parcel map for which a tentative map was not required, for a
subdivision located within the flood hazard zone.
   This bill would include, among the findings that exempt a city or
county from the above-described prohibition and requirement, a
finding that property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65962 of the Government Code is amended to
read:
   65962.  (a) Notwithstanding any other law, after the amendments
required by Sections 65302.9 and 65860.1 have become effective, each
city and county within the Sacramento-San Joaquin Valley shall not
approve a discretionary permit or other discretionary entitlement, or
a ministerial permit that would result in the construction of a new
residence, for a project that is located within a flood hazard zone
unless the city or county finds, based on substantial evidence in the
record, one of the following:
   (1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level of
flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
   (2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
   (3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
   (4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.
   (b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
   (c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
  SEC. 2.  Section 66474.5 of the Government Code is amended to read:

   66474.5.  (a) Notwithstanding any other law, after the amendments
required by Sections 65302.9 and 65860.1 have become effective, the
legislative body of each city and county within the Sacramento-San
Joaquin Valley shall deny approval of a tentative map, or a parcel
map for which a tentative map was not required, for a subdivision
that is located within a flood hazard zone unless the city or county
finds, based on substantial evidence in the record, one of the
following:
   (1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the subdivision to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
   (2) The city or county has imposed conditions on the subdivision
that will protect the project to the urban level of flood protection
in urban and urbanizing areas or the national Federal Emergency
Management Agency standard of flood protection in nonurbanized areas.

   (3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
   (4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.
   (b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
   (c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.