Bill Text: CA SB586 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Flood management: Sacramento-San Joaquin Valley.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-04-30 - Chaptered by Secretary of State. Chapter 10, Statutes of 2024. [SB586 Detail]
Download: California-2023-SB586-Amended.html
because of the unique land use planning considerations relative to flood hazard zones in the Sacramento-San Joaquin Valley.
Bill Title: Flood management: Sacramento-San Joaquin Valley.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-04-30 - Chaptered by Secretary of State. Chapter 10, Statutes of 2024. [SB586 Detail]
Download: California-2023-SB586-Amended.html
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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 |
February 15, 2023 |
An act to amend Sections 65865.5, 65962, 65962.1, and 66474.5 of, and to repeal Section 65962.2 of, the Government Code, relating to flood management.
LEGISLATIVE COUNSEL'S DIGEST
SB 586, as amended, Eggman.
Flood management: deadlines.
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 specified exceptions to the deadline for the Mossdale Tract and West Sacramento.
This bill would remove the specified exceptions to the deadline for the Mossdale Tract and West Sacramento, and instead provide that the deadline to achieve an urban level of protection does not apply to the Mossdale Tract and West Sacramento so long as a flood management agency has an active federal project in the planning, design, construction, or project closeout phase, a completed federal feasibility study awaiting congressional authorization, or an authorized federal project awaiting the receipt of federal appropriations to advance design, construction, or project closeout activities. By changing the deadline for the Mossdale Tract
and West Sacramento to achieve the urban level of flood protection, the bill would impose a state-mandated local program.
Existing law absolves cities and counties from the requirement to contribute their fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the state’s exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project in specified circumstances.
This bill would specify that, notwithstanding those provisions, the San Joaquin Area Flood Control Agency or 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 that unreasonably approve any new
development in those areas between January 1, 2025, and when urban level flood protection is achieved.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
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 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 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. Except as provided in Section 65962.1, 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 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 that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, 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. Except
as provided in Section 65962.1, 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. 3.
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 deadline to achieve an urban level of protection shall not apply, so long as the flood management agency has one of the following:(1) An active federal project in the planning, design, construction, or project closeout phase.
(2) A completed federal feasibility study awaiting congressional authorization.
(3) An authorized federal project awaiting the receipt of federal appropriations to advance design, construction, or project closeout activities.
(b) Notwithstanding Section 8307 of the Water Code, the San Joaquin Area Flood Control Agency or 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 that unreasonably approve, as defined in paragraph (3) of subdivision (c) of Section 8307 of the Water Code, any new development in those areas between January 1, 2025, and when urban level flood protection is achieved.
(c) This section shall only apply to the City of West Sacramento and Mossdale Tract.
(d) For purposes of this section, the following terms have the following meanings:
(1) “City of West Sacramento” means the incorporated area in the County of Yolo as defined by Resolution No. 86-112 of the County of Yolo Board of Supervisors at the Yolo County Official Records Book 1801, pages 384 to 403, inclusive, and Book 1801, pages 368 to 382, inclusive.
(2) “Mossdale Tract” means the area of land identified as Reclamation District No. 17, on page 144 of Bulletin No. 37 (1930) of the Department of Water Resources, ad and contiguous urban and urbanizing areas east of the tract that would be subject to flooding from the San Joaquin River at the urban level of flood
protection.
SEC. 4.
Section 65962.2 of the Government Code is repealed.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 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. Except as
provided in Section 65962.1, 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.
