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

California Senate Bill 1278 (Prior Session Legislation)

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-Amended.html
BILL NUMBER: SB 1278	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 19, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Wolk

                        FEBRUARY 23, 2012

   An act to amend Sections 65007, 65302.9, 65860.1, and 65865.5 of
the Government Code, and to amend Section 9610 of the Water Code,
relating to land use.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1278, as amended, Wolk. Planning and zoning: flood protection:
Sacramento-San Joaquin Valley.
   (1) Existing law requires each city and county within the
Sacramento-San Joaquin Valley to amend its general plan, as
specified, within 24 months of the adoption of the Central Valley
Flood Protection Plan by the Central Valley Flood Protection Board.
Existing law requires the Central Valley Flood Protection Board, the
Department of Water Resources, and local flood agencies to
collaborate with cities or counties by providing the cities and
counties with information and other technical assistance to assist
with complying with these requirements.
   This bill would instead require each city and county to amend its
general plan, as specified, within 24 months of  the
Department of Water Resources issuing maps for areas protected by the
State Plan of Flood Control   July 2, 2013  . The
bill would additionally require the Department of Water Resources to
provide financial assistance to cities and counties, to the extent
funding is available for that purpose.
   (2) Existing law prohibits a city or county within the
Sacramento-San Joaquin Valley from entering into a development
agreement for property that is located in a flood hazard zone unless
the city or county makes specified findings, including, among others,
that certain conditions have been imposed by the city or county.
   This bill would additionally authorize a city or county to make a
finding that the property in an undetermined risk area, as defined,
has met the urban level of flood protection, as specified.
   (3) Existing law requires the Department of Water Resources to
develop preliminary maps for the 100- and 200-year flood plains
protected by project levees, as specified, and to provide the
preliminary maps to cities and counties within the Sacramento-San
Joaquin Valley.
   This bill would additionally require the department, before July
2, 2013, to issue maps for areas protected by the State Plan of Flood
Control.
   Vote: majority. Appropriation: no. Fiscal committee: 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
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) "Nonurbanized area" means a developed area or an area outside
a developed area in which there are fewer than 10,000 residents.
   (f) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
   (g) "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) "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) "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) "Undetermined risk area" means an area with possible, but
undetermined, flood hazard risk for which an analysis of an urban
level of flood protection has not been conducted by the Department of
Water Resources, a local flood agency, or the National Flood
Insurance Program.
   (k) "Urban area" means a developed area in which there are 10,000
residents or more.
   (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.
   (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.
   (n) "Zone B and X (shaded)" means an area of moderate flood
hazard, usually the area between the limits of the 100-year and
500-year floods, and designates base floodplains of lesser hazards,
such as areas protected by levees from 100-year flood, or shallow
flooding areas with average depths of less than one foot or drainage
areas less than one square mile.
  SEC. 2.  Section 65302.9 of the Government Code is amended to read:

   65302.9.  (a) Before July 2, 2013, the Department of Water
Resources shall issue maps for areas protected by the State Plan of
Flood Control.
   (b) Within 24 months of  the department issuing the maps
  July 2, 2013  , each city and county within the
Sacramento-San Joaquin Valley, shall amend its general plan to
contain all of the following:
   (1) (A) The data and analysis contained in the Central Valley
Flood Protection Plan pursuant to Section 9612 of the Water Code,
including, but not limited to, the locations of the facilities of the
State Plan of Flood Control, and the locations of the real property
protected by those facilities.
   (B) The locations of flood hazard zones, including, but not
limited to, locations mapped by the Federal Emergency Management
Agency Flood Insurance Rate Map or the Flood Hazard Boundary Map,
locations that participate in the National Flood Insurance Program,
locations identified as Zones B and X (shaded) by the Federal
Emergency Management Agency, and locations mapped by a local flood
agency or flood district.
   (2) Goals, policies, and objectives, based on the data and
analysis identified pursuant to paragraph (1), for the protection of
lives and property that will reduce the risk of flood damage.
   (3) Feasible implementation measures designed to carry out the
goals, policies, and objectives established pursuant to paragraph
(2).
   (b) An undetermined risk area shall be presumed to be at risk for
a flood hazard unless deemed otherwise by the State Plan of Flood
Control, an official National Flood Insurance Program rate map issued
by the Federal Emergency Management Agency, or a finding made by a
city or county based on a determination of substantial evidence by a
local flood agency.
   (c) (1) To assist each city or county in complying with this
section, the Central Valley Flood Protection Board, the Department of
Water Resources, and local flood agencies shall collaborate with
cities or counties by providing them with information and other
technical assistance.
   (2) To assist each city or county in complying with this section,
the Department of Water Resources shall provide financial assistance
to cities and counties to the extent funding is available for that
purpose.
   (d) In implementing this section, each city and county, both
general law and charter, within the Sacramento-San Joaquin Valley,
shall comply with this article, including, but not limited to,
Sections 65300.5, 65300.7, 65300.9, and 65301.
   (e) Notwithstanding any other law, this section shall apply to all
cities, including charter cities, and counties within the
Sacramento-San Joaquin Valley. The Legislature finds and declares
that flood protection in the Sacramento and San Joaquin Rivers
drainage areas is a matter of statewide concern and not a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution.
  SEC. 3.  Section 65860.1 of the Government Code is amended to read:

   65860.1.  (a) Not more than 12 months after the amendment of its
general plan pursuant to Section 65302.9, each city and county within
the Sacramento-San Joaquin Valley shall amend its zoning ordinance
so that it is consistent with the general plan, as amended.
   (b) Notwithstanding any other law, this section shall apply to all
cities, including charter cities, and counties within the
Sacramento-San Joaquin Valley. The Legislature finds and declares
that flood protection in the Sacramento and San Joaquin Rivers
drainage areas is a matter of statewide concern and not a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution.
  SEC. 4.  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. 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
provided by the developer.
   (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 9610 of the Water Code is amended to read:
   9610.  (a) (1) By July 1, 2008, the department shall develop
preliminary maps for the 100- and 200-year flood plains protected by
project levees. The 100-year flood plain maps shall be prepared using
criteria developed or accepted by the Federal Emergency Management
Agency (FEMA).
   (2) The department shall use available information from the 2002
Sacramento-San Joaquin River Basin Comprehensive Study, preliminary
and regulatory FEMA flood insurance rate maps, recent flood plain
studies, and other sources to compile preliminary maps.
   (3) The department shall provide the preliminary maps to cities
and counties within the Sacramento-San Joaquin Valley for use as best
available information relating to flood protection.
   (4) The department shall post this information on the board's
Internet Web site and may periodically update the maps as necessary.
   (b) By July 1, 2008, the department shall give notice to cities in
the Sacramento-San Joaquin Valley outside areas protected by project
levees regarding maps and other information as to flood risks
available from the Federal Emergency Management Agency or another
federal, state, or local agency.
   (c) On or before December 31, 2010, the department shall prepare a
status report on the progress and development of the Central Valley
Flood Protection Plan pursuant to Section 9612. The department shall
post this information on the board's Internet Web site, and make it
available to the public.
   (d) On or before July 1, 2013, the department shall issue maps for
areas protected by the State Plan of Flood Control.