Bill Text: CA AB2108 | 2013-2014 | Regular Session | Amended
Bill Title: Sacramento-San Joaquin Valley: flood management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-06-05 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2108 Detail]
Download: California-2013-AB2108-Amended.html
BILL NUMBER: AB 2108 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 13, 2014
AMENDED IN ASSEMBLY APRIL 9, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Eggman
FEBRUARY 20, 2014
An act to amend Section Sections 65007,
65865.5 , 65962 , and 66474.5 of ,
and to add Section 65007.1 to, the Government Code, relating to
flood management.
LEGISLATIVE COUNSEL'S DIGEST
AB 2108, as amended, Eggman. Sacramento-San Joaquin Valley: flood
management.
The Planning and Zoning Law prohibits the legislative body of a
city or county within the Sacramento-San Joaquin Valley, after
specified general plan amendments have been made, and corresponding
zoning ordinances adopted, from taking specified actions regarding
property located within a flood hazard zone unless the city or county
makes specified findings including, among other requirements, that
the local flood management agency has made adequate progress on the
construction of a flood protection system that will result in a
specified level of flood protection in urban or urbanizing areas or
the national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas, as specified. That law defines
adequate progress as meaning that, among other conditions being met,
critical features of the flood protection system are under
construction, and each critical feature is progressing as indicated
by the actual expenditure of the construction budget funds.
This bill would instead require the city or county to make a
finding that the local flood management agency is making adequate
progress towards a flood protection system. This bill would authorize
the Central Valley Flood Protection Board to determine, in its sole
discretion, that preconstruction planning or design activities of a
flood protection system by the local flood management agency are
sufficient to constitute adequate progress. This bill would require
this determination by the board to expire 18 months after it is made
unless the flood protection system has progressed to construction or
the local flood management agency submits a report to the board
showing that adequate progress continues to be made. If the board
determines that adequate progress is continuing, the bill would
require this subsequent determination to expire 18 months after it is
made. This bill would also revise the definition of adequate
progress to include the critical features of the flood protection
system being planned or designed and this determination by the board,
if any, has not expired.
Existing law prohibits a city and county within the Sacramento-San
Joaquin Valley from approving a discretionary permit or other
discretionary entitlement for a project that is located within a
flood hazard zone, unless the city or county finds, based on
substantial evidence in the record, that certain criteria is met.
This bill would instead only prohibit a city or county from
approving a discretionary permit or other discretionary entitlement
for a building that would result in more than a 50% increase in
allowed occupancy.
Existing law requires each city and county within the
Sacramento-San Joaquin Valley, within 24 months of July 2, 2013, to
amend its general plan to include specified data, policies, and
implementation measures. The city or county is also required, 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.
Existing law prohibits, after the general plan amendments and
zoning ordinance amendments have become effective, each city and
county within the Sacramento-San Joaquin Valley from approving
specified permits that would result in specified construction located
within a flood hazard zone unless the city or county makes specified
findings, including, among others, that property in an undetermined
risk area has met the urban level of flood protection based on
substantial evidence in the record.
This bill would eliminate the requirement that the city or county
make the finding described above, and would, instead, require the
city or county to make a finding that the project is located in a
developed area, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65007 of the
Government Code is amended to read:
65007. As used in this title, the following terms have the
following meanings, unless the context requires otherwise:
(a) "Adequate progress" means all of the following:
(1) The total project scope, schedule, and cost of the completed
flood protection system have been developed to meet the appropriate
standard of protection.
(2) (A) Revenues that are sufficient to fund each year of the
project schedule developed in paragraph (1) have been identified and,
in any given year and consistent with that schedule, at least 90
percent of the revenues scheduled to be received by that year have
been appropriated and are currently being expended.
(B) Notwithstanding subparagraph (A), for any year in which state
funding is not appropriated consistent with an agreement between a
state agency and a local flood management agency, the Central Valley
Flood Protection Board may find that the local flood management
agency is making adequate progress in working toward the completion
of the flood protection system.
(3) Critical features of the flood protection system are
under either of the following:
(A) Under construction, and each
critical feature is progressing as indicated by the actual
expenditure of the construction budget funds.
(B) Being planned or designed and a determination of the Central
Valley Flood Protection Board, if any, pursuant to Section 65007.1,
has not expired.
(4) The city or county has not been responsible for a significant
delay in the completion of the system.
(5) The local flood management agency shall provide the Department
of Water Resources and the Central Valley Flood Protection Board
with the information specified in this subdivision sufficient to
determine substantial completion of the required flood protection.
The local flood management agency shall annually report to the
Central Valley Flood Protection Board on the efforts in working
toward completion of the flood protection system.
(b) "Central Valley Flood Protection Plan" has the same meaning as
that set forth in Section 9612 of the Water Code.
(c) "Developed area" has the same meaning as that set forth in
Section 59.1 of Title 44 of the Code of Federal Regulations.
(d) "Flood hazard zone" means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency. The identification of flood hazard zones
does not imply that areas outside the flood hazard zones, or uses
permitted within flood hazard zones, will be free from flooding or
flood damage.
(e) "National Federal Emergency Management Agency standard of
flood protection" means the level of flood protection that is
necessary to withstand flooding that has a 1-in-100 chance of
occurring in any given year using criteria developed by the Federal
Emergency Management Agency for application in the National Flood
Insurance Program.
(f) "Nonurbanized area" means a developed area or an area outside
a developed area in which there are fewer than 10,000 residents that
is not an urbanizing area.
(g) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
(h) "Sacramento-San Joaquin Valley" means lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or their tributaries or connected therewith, or upon any land
adjacent thereto, or within the overflow basins thereof, or upon land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands lying within the Tulare Lake basin, including
the Kings River.
(i) "State Plan of Flood Control" has the same meaning as that set
forth in subdivision (j) of Section 5096.805 of the Public Resources
Code.
(j) "Tulare Lake basin" means the Tulare Lake Hydrologic Region as
defined in the California Water Plan Update 2009, prepared by the
Department of Water Resources pursuant to Chapter 1 (commencing with
Section 10004) of Part 1.5 of Division 6 of the Water Code.
(k) "Undetermined risk area" means an urban or urbanizing area
within a moderate flood hazard zone, as delineated on an official
flood insurance rate map issued by the Federal Emergency Management
Agency, which has not been determined to have an urban level of
protection.
(l) "Urban area" means a developed area in which there are 10,000
residents or more.
(m) "Urbanizing area" means a developed area or an area outside a
developed area that is planned or anticipated to have 10,000
residents or more within the next 10 years.
(n) "Urban level of flood protection" means the level of
protection that is necessary to withstand flooding that has a
1-in-200 chance of occurring in any given year using criteria
consistent with, or developed by, the Department of Water Resources.
"Urban level of flood protection" shall not mean shallow flooding or
flooding from local drainage that meets the criteria of the national
Federal Emergency Management Agency standard of flood protection.
SEC. 2. Section 65007.1 is added to the
Government Code , to read:
65007.1. (a) The Central Valley Flood Protection Board may
determine, in its sole discretion, that preconstruction planning or
design activities of a flood protection system by the local flood
management agency are sufficient to constitute adequate progress.
(b) A determination by the Central Valley Flood Protection Board
pursuant to subdivision (a) shall expire 18 months after it is made
unless either of the following occurs:
(1) The flood protection system has progressed to construction.
(2) The local flood management agency submits a report to the
Central Valley Flood Protection Board, in the form and manner
prescribed by the board, showing that adequate progress continues to
be made. If the board determines, in its sole discretion, that
adequate progress is continuing, this subsequent determination shall
expire 18 months after it is made.
SEC. 3. Section 65865.5 of the
Government Code is amended to read:
65865.5. (a) Notwithstanding any other law, after the amendments
required by Sections 65302.9 and 65860.1 have become effective, the
legislative body of a city or county within the Sacramento-San
Joaquin Valley shall not enter into a development agreement for
property 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 property 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 development
agreement that will protect the property 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
is making adequate progress on the construction
of towards a flood protection system that 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. 4. 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
for a building that would result in more than a 50-percent
increase in allowed occupancy , 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
is making adequate progress on the construction
of towards 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. 5. 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
is making adequate progress on the construction
of towards 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.
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, other discretionary entitlement, or a
ministerial permit that would result in the construction of a new
residence, for any 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 project is located in a developed area as defined by
Section 59.1 of Title 44 of the Code of Federal Regulations.
(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.
