Bill Text: CA SB1278 | 2011-2012 | Regular Session | Introduced

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

---

Bill Title: Planning and zoning: flood protection: Sacramento-San

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-25 - Chaptered by Secretary of State. Chapter 553, Statutes of 2012. [SB1278 Detail]

Download: California-2011-SB1278-Introduced.html

---

BILL NUMBER: SB 1278	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 23, 2012

   An act to amend Section 65007 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1278, as introduced, Wolk. Planning and zoning: levees.
   The Planning and Zoning Law defines the term "project levee" to
mean, for purposes of that law, any levee that is part of the
facilities of the State Plan of Flood Control.
   This bill would define the term "nonroject levee" to mean, for
purposes of that law, any levee that is not part of the facilities of
the State Plan of Flood Control.
   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 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
construction, and each critical feature is progressing as indicated
by the actual expenditure of the construction budget funds.
   (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) "Nonproject levee" means any levee that is not part of the
facilities of the State Plan of Flood Control.  
   (e) 
    (f)  "Nonurbanized area" means a developed area or an
area outside a developed area in which there are fewer than 10,000
residents. 
   (f) 
    (g)  "Project levee" means any levee that is part of the
facilities of the State Plan of Flood Control. 
   (g) 
    (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. 
   (h) 
    (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. 
   (i) 
    (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. 
   (j) 
    (k)  "Urban area" means a developed area in which there
are 10,000 residents or more. 
   (k) 
    (l)  "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. 
   (l) 
    (m)  "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.