Bill Text: CA AB2108 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 20, 2014

   An act to amend Section 65962 of the Government Code, relating to
flood management.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2108, as amended, Eggman. Sacramento-San Joaquin Valley: flood
management. 
   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 
one of 4  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  make a technical, nonsubstantive change
to this provision   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.
State-mandated local program: no.


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 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  property in an undetermined risk area has met the
urban level of flood protection based on substantial evidence in the
record   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.