Bill Text: CA SB586 | 2023-2024 | Regular Session | Enrolled
Bill Title: Flood management: Sacramento-San Joaquin Valley.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-04-23 - Enrolled and presented to the Governor at 2 p.m. [SB586 Detail]
Download: California-2023-SB586-Enrolled.html
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Enrolled
April 19, 2024 |
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Passed
IN
Senate
April 18, 2024 |
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Passed
IN
Assembly
April 11, 2024 |
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Amended
IN
Assembly
April 04, 2024 |
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Amended
IN
Assembly
March 14, 2024 |
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Amended
IN
Assembly
September 01, 2023 |
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Amended
IN
Senate
May 02, 2023 |
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Amended
IN
Senate
April 20, 2023 |
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Amended
IN
Senate
March 29, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 586
| Introduced by Senator Eggman (Principal coauthor: Assembly Member Aguiar-Curry) |
February 15, 2023 |
An act to amend Sections 65962.1 and 65962.2 of, and to add and repeal Section 65962.3 of, the Government Code, relating to flood management, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 586, Eggman.
Flood management: Sacramento-San Joaquin Valley.
Existing law provides that unless a city or county within the Sacramento-San Joaquin Valley makes certain findings after the effective date of specified amendments to its general plan and zoning ordinance, the Planning and Zoning Law prohibits a city or county from entering into a development agreement for property located in a flood hazard zone; approving a discretionary permit, ministerial permit, or other discretionary entitlement for a project that is located within a flood hazard zone, as specified; or approving 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. Those findings include, among others, that the local flood management agency has made adequate progress on the construction of 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. Existing law further requires urban and urbanizing areas protected by any levee that is part of the facilities of the State Plan of Flood Control to achieve the urban level of flood protection by 2025, with a specified exception to the deadline for the Mossdale Tract to achieve the urban level of flood protection by 2028 and for the City of West Sacramento to achieve the urban level of flood protection by 2030.
Existing law authorizes the Department of Water Resources to require the San Joaquin Area Flood Control Agency and the West Sacramento Area Flood Control Agency to contribute its fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving any new development in the Mossdale Tract between the years 2025 and 2028 and the City of West Sacramento between the years 2025 and
2030, respectively.
This bill would extend the specified exception to the deadline for the Mossdale Tract and the City of West Sacramento to achieve the urban level of flood protection to 2040. The bill would also extend the Department of Water Resources’ authority to require the San Joaquin Area Flood Control Agency and the West Sacramento Area Flood Control Agency to contribute its fair and reasonable share of property damage, as described above, to between the years 2025 and 2040.
This bill would require, on or before December 31, 2028, and every 5 years thereafter until December 31, 2038, the West Sacramento Area Flood Control Agency and the San Joaquin Area Flood Control Agency to provide a report to the Senate Natural Resources and Water Committee, the Assembly Water, Parks, and Wildlife Committee, the Senate Budget Subcommittee No. 2,
and the Assembly Budget Subcommittee No. 4 describing plans and actions taken to improve flood protection in the preceding 5 years in the City of West Sacramento and the Mossdale Tract, as specified. The bill would repeal these reporting requirements on January 1, 2039.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65962.1 of the Government Code is amended to read:65962.1.
(a) For purposes of Sections 65865.5, 65962, and 66474.5, the Mossdale Tract shall achieve the urban level of flood protection by 2040.(b) For purposes of this section, “Mossdale Tract” means an area of land identified as Reclamation District No. 17 on page 144 of Bulletin No. 37 (1930) of the Department of Water Resources, along with such contiguous urban and urbanizing areas to the east of the tract as would be subject to flooding from the San Joaquin River at an urban level of flood protection.
(c) Notwithstanding Section 8307 of the Water Code, the San Joaquin Area Flood Control Agency may be required to contribute its
fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the Mossdale Tract between the years 2025 and 2040.
SEC. 2.
Section 65962.2 of the Government Code is amended to read:65962.2.
(a) For purposes of Sections 65865.5, 65962, and 66474.5, the City of West Sacramento shall achieve the urban level of flood protection by 2040.(b) For purposes of this section, “City of West Sacramento” means the incorporated area in the County of Yolo as identified in Resolution No. 86-112 of the County of Yolo Board of Supervisors at Yolo County Official Records Book 1801, pages 384 to 403, inclusive, and Book 1801, pages 368 to 382, inclusive.
(c) Notwithstanding Section 8307 of the Water Code, the West Sacramento Area Flood Control Agency may be required to contribute its fair and reasonable share of any property
damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the City of West Sacramento between January 1, 2025, and December 31, 2040.
SEC. 3.
Section 65962.3 is added to the Government Code, to read:65962.3.
(a) Notwithstanding Sections 9795 and 10231.5, on or before December 31, 2028, and every five years thereafter until December 31, 2038, the West Sacramento Area Flood Control Agency and the San Joaquin Area Flood Control Agency shall provide a report to the Senate Natural Resources and Water Committee, the Assembly Water, Parks, and Wildlife Committee, the Senate Budget Subcommittee No. 2, and the Assembly Budget Subcommittee No. 4 describing plans and actions taken to improve flood protection in the preceding five years in the City of West Sacramento and the Mossdale Tract pursuant to Sections 65962.1 and 65962.2, respectively.(b) In order to minimize duplication, the report described in subdivision (a) may be composed of materials
developed to meet other reporting requirements.
(c) This section shall remain in effect only until January 1, 2039, and as of that date is repealed.
SEC. 4.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique land use planning considerations relative to flood hazard zones in the Sacramento-San Joaquin Valley.SEC. 5.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to expedite completion of 200-year flood control projects protecting life and property in San Joaquin County and West Sacramento, and to assure a continuing funding stream, and in order to expedite and increase the likelihood of
significant federal financial participation in development of the projects, it is necessary that the bill take effect immediately.
