BILL NUMBER: SB 5 CHAPTERED
BILL TEXT
CHAPTER 364
FILED WITH SECRETARY OF STATE OCTOBER 10, 2007
APPROVED BY GOVERNOR OCTOBER 10, 2007
PASSED THE SENATE SEPTEMBER 7, 2007
PASSED THE ASSEMBLY SEPTEMBER 6, 2007
AMENDED IN ASSEMBLY SEPTEMBER 5, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY AUGUST 20, 2007
AMENDED IN SENATE APRIL 25, 2007
AMENDED IN SENATE APRIL 9, 2007
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Machado
(Principal coauthor: Senator Florez)
(Principal coauthor: Assembly Member Wolk)
(Coauthor: Senator Steinberg)
(Coauthor: Assembly Member Laird)
DECEMBER 4, 2006
An act to add Sections 65007, 65302.9, 65860.1, 65865.5, 65962,
and 66474.5 to, the Government Code, to add Section 50465 to the
Health and Safety Code, and to add Chapter 4 (commencing with Section
8200) to Part 1 of, and to add Part 6 (commencing with Section 9600)
to, Division 5 of, the Water Code, relating to flood management.
LEGISLATIVE COUNSEL'S DIGEST
SB 5, Machado. Flood management.
(1) The Planning and Zoning Law requires a city, county, and city
and county to adopt a comprehensive, long-term general plan for the
physical development of the city, county, or city and county that
addresses a number of elements. The law authorizes the legislative
body of a city or county to adopt zoning ordinances regulating, among
other things, the use of buildings, structures, and land. The law
authorizes a city or county to enter into a development agreement
with a person having a legal or equitable interest in real property
for the development of the property.
This bill would require each city, including a charter city, and
county within the Sacramento-San Joaquin Valley, within 24 months of
the adoption of a specified flood protection plan by the Central
Valley Flood Protection Board, to amend its general plan to include
data and analysis contained in that flood protection plan, goals and
policies for the protection of lives and property that will reduce
the risk of flood damage, and related feasible implementation
measures. The bill would require each city, including a charter city,
and county within the Sacramento-San Joaquin Valley, within 36
months of the adoption of that flood protection plan but not more
than 12 months after the amendment of the general plan under the bill'
s provisions, to amend its zoning ordinance so that it is consistent
with the general plan, as amended. By establishing requirements on
cities and counties, the bill would impose a state-mandated local
program.
On the effective date of those amendments, a city, including a
charter city, and county within the Sacramento-San Joaquin Valley
would be prohibited from entering a development agreement for any
property that is located within a flood hazard zone unless the city
or county makes certain findings, based on substantial evidence. On
the effective date of those amendments, a city, including a charter
city, and county within the Sacramento-San Joaquin Valley would also
be prohibited from approving any discretionary permit or entitlement,
or any 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 makes certain findings, based on
substantial evidence.
(2) The Subdivision Map Act requires the legislative body of a
city or county to deny approval of a tentative map, or a parcel map
for which a tentative map was not required under certain
circumstances.
The bill, after the amendments to the general plan and the zoning
ordinance described in (1) have become effective, would require the
legislative body of each city, including a charter city, and county
within the Sacramento-San Joaquin Valley to deny approval of a
tentative map, or a parcel map for which a tentative map was not
required, for any subdivision that is located within a flood hazard
zone unless the city or county makes specified findings, based on
substantial evidence.
(3) The Department of Water Resources performs various flood
control activities throughout the state. Existing law authorizes the
Reclamation Board to engage in various flood control activities along
the Sacramento River and San Joaquin River, their tributaries, and
related areas.
This bill would require the department, on or before December 31,
2010, to prepare a strategic flood protection plan for the
Sacramento-San Joaquin Valley. The department would be required to
prepare a plan identified as the Central Valley Flood Protection Plan
not later than January 1, 2012, and the Central Valley Flood
Protection Board would be required to adopt the plan not later than
July 1, 2012. The bill would require the plan to include specified
components, including a description of the Sacramento-San Joaquin
River Flood Management System, a description of the facilities
included in the State Plan of Flood Control, an evaluation of the
structural improvements necessary to bring each of the facilities of
the State Plan of Flood Control to within its design standard, and a
list of facilities recommended to be removed from the State Plan of
Flood Control. The plan would be required to be updated every 5
years.
The bill would authorize the department to implement certain flood
protection improvements before the adoption of the plan if the
Director of Water Resources makes a specified determination. Upon the
adoption of the plan by the board, certain facilities would be
deemed to be a part of the Sacramento-San Joaquin River Flood
Management System, and the board would be required to take action
necessary to remove facilities from the State Plan of Flood Control
that are recommended for removal in the plan.
The bill would require the department, on or before January 1,
2009, to propose for adoption and approval by the California Building
Standards Commission updated requirements to the California Building
Standards Code for construction in areas protected by the facilities
of the Central Valley Flood Protection Plan where levels are
anticipated to exceed 3 feet for the 200-year flood event. The
department would be required to develop a cost-sharing formula for
specified bond funds for repairs or improvements of facilities
included in the plan.
The bill would require each county, consistent with the adoption
of the plan, to collaborate with cities within its jurisdiction to
develop flood emergency plans. The bill would require each city,
including a charter city, and county, consistent with the adoption of
the plan, to collaborate with the state and local flood management
agencies to provide cost-effective strategies for reducing flood risk
to existing economically disadvantaged communities located in
nonurbanized areas and to develop funding mechanisms to finance local
flood protection responsibilities. By establishing new land use
planning requirements on cities and counties, the bill would impose a
state-mandated local program. The bill would authorize a local
agency to prepare a local plan of flood protection in accordance with
specified requirements.
(4) 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 these
statutory provisions.
(5) The bill would become operative only if AB 162 and SB 17 are
enacted and become operative.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65007 is added to the Government Code, 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) Revenues 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 have been received by that year have been
appropriated and are currently being expended.
(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 any
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 sufficiently 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 9610 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 less than 10,000 residents.
(f) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control, as defined in Section 5096.805
of the Public Resources Code.
(g) "Sacramento-San Joaquin Valley" means any lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or any of their tributaries or connected therewith, or upon any land
adjacent thereto, or within any of the overflow basins thereof, or
upon any 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) "Urban area" means a developed area in which there are 10,000
residents or more.
(j) "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.
(k) "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.
SEC. 2. Section 65302.9 is added to the Government Code, to read:
65302.9. (a) Within 24 months of the adoption of the Central
Valley Flood Protection Plan by the Central Valley Flood Protection
Board pursuant to Section 9612 of the Water Code, each city and
county within the Sacramento-San Joaquin Valley, shall amend its
general plan to contain all of the following:
(1) The data and analysis contained in the Central Valley Flood
Protection Plan, including, but not limited to, the locations of the
facilities of the State Plan of Flood Control, the locations of other
flood management facilities, the locations of the real property
protected by those facilities, and the locations of flood hazard
zones.
(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) 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.
(c) 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.
(d) Notwithstanding any other provision of law, this section
applies 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 is added to the Government Code, to read:
65860.1. (a) Within 36 months of the adoption Central Valley
Flood Protection Plan by the Central Valley Flood Protection Board
pursuant to Section 9612 of the Water Code, but 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 provision of law, this section
applies 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 is added to the Government Code, to read:
65865.5. (a) Notwithstanding any other provision of law, after
the amendments required by Section 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 any 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 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.
(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) Nothing in this section shall be construed to change or
diminish existing requirements of local floodplain management laws,
ordinances, resolutions, or regulations necessary to local agency
participation in the national flood insurance program.
SEC. 5. Section 65962 is added to the Government Code, to read:
65962. (a) Notwithstanding any other provision of 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 any discretionary permit or other
discretionary entitlement, or any 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. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
(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) Nothing in this section shall be construed to change or
diminish existing requirements of local floodplain management laws,
ordinances, resolutions, or regulations necessary to local agency
participation in the national flood insurance program.
SEC. 6. Section 66474.5 is added to the Government Code, to read:
66474.5. (a) Notwithstanding any other provision of 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 any
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. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
(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) Nothing in this section shall be construed to change or
diminish existing requirements of local floodplain management laws,
ordinances, resolutions, or regulations necessary to local agency
participation in the national flood insurance program.
SEC. 7. Section 50465 is added to the Health and Safety Code, to
read:
50465. (a) On or before January 1, 2009, the Department of Water
Resources shall propose for adoption and approval by the California
Building Standards Commission updated requirements to the California
Building Standards Code for construction in areas protected by the
facilities of the Central Valley Flood Protection Plan where flood
levels are anticipated to exceed three feet for the 200-year flood
event. The amendments to the California Building Standards Code shall
be sufficient to reduce the risk of flood damage and to protect
life, safety, and the construction in those areas.
(b) Before the department proposes the amendments to the
California Building Standards Code required pursuant to subdivision
(a), the department shall consult with the Central Valley Flood
Protection Board, the Division of the State Architect, and the Office
of the State Fire Marshal.
SEC. 8. Chapter 4 (commencing with Section 8200) is added to Part
1 of Division 5 of the Water Code, to read:
CHAPTER 4. LOCAL PLANS OF FLOOD PROTECTION
8200. This chapter shall be known and may be cited as the Local
Flood Protection Planning Act.
8201. (a) A local agency may prepare a local plan of flood
protection in accordance with this chapter.
(b) A local plan of flood protection shall include all of the
following:
(1) A strategy to meet the urban level of flood protection,
including planning for residual flood risk and system resiliency.
(2) Identification of all types of flood hazards.
(3) Identification and risk assessment of the various facilities
that provide flood protection for flood hazard areas, for current and
future land uses.
(4) Identification of current and future flood corridors.
(5) Identification of needed improvements and costs of those
improvements to the flood protection facilities that are necessary to
meet flood protection standards.
(6) An emergency response and evacuation plan for flood-prone
areas.
(7) A strategy to achieve multiple benefits, including flood
protection, groundwater recharge, ecosystem health, and reduced
maintenance costs over the long term.
(8) A long-term funding strategy for improvement and ongoing
maintenance and operation of flood protection facilities.
(c) A local agency that is not a city or county that prepares a
plan pursuant to this chapter must consult with the cities and
counties that have jurisdiction over the planning area to assure that
the local plan of flood protection is consistent with local general
plans.
(d) Plans prepared pursuant to this chapter, within the
Sacramento-San Joaquin Valley as defined by Section 9602, shall be
consistent with the Central Valley Flood Protection Plan pursuant to
Section 9610.
SEC. 9. Part 6 (commencing with Section 9600) is added to Division
5 of the Water Code, to read:
PART 6. Central Valley Flood Protection
CHAPTER 1. GENERAL PROVISIONS
9600. This act shall be known and may be cited as the Central
Valley Flood Protection Act of 2008.
9601. The Legislature finds and declares all of the following:
(a) The Central Valley of California is experiencing unprecedented
development, resulting in the conversion of historically
agricultural lands and communities to densely populated residential
and urban centers.
(b) The Legislature recognizes that by their nature, levees, which
are earthen embankments typically founded on fluvial deposits,
cannot offer complete protection from flooding, but can decrease its
frequency.
(c) The Legislature recognizes that the level of flood protection
afforded rural and agricultural lands by the original flood control
system would not be adequate to protect those lands if they are
developed for urban uses, and that a dichotomous system of flood
protection for urban and rural lands has developed through many years
of practice.
(d) The Legislature further recognizes that levees built to
reclaim and protect agricultural land may be inadequate to protect
urban development unless those levees are significantly improved.
(e) Cities and counties rely upon federal flood plain information
when approving developments, but the information available is often
out of date and the flood risk may be greater than that indicated
using available federal information.
(f) The Legislature recognizes that the current federal flood
standard is not sufficient in protecting urban and urbanizing areas
within flood prone areas throughout the Central Valley.
(g) Linking land use decisions to flood risk and flood protection
estimates comprises only one element of improving lives and property
in the Central Valley. Federal, state, and local agencies may
construct and operate flood protection facilities to reduce flood
risks, but flood risks will nevertheless remain for those who choose
to reside in Central Valley flood plains. Making those flood risks
more apparent will help ensure that Californians make careful choices
when deciding whether to build homes or live in Central Valley flood
plains, and if so, whether to prepare for flooding or maintain flood
insurance.
9602. Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
(a) "Board" means the Central Valley Flood Protection Board.
(b) "Plan" means the Central Valley Flood Protection Plan.
(c) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control, as defined in Section 5096.805
of the Public Resources Code.
(d) "Public safety infrastructure" means public safety
infrastructure necessary to respond to a flood emergency, including,
but not limited to, street and highway evacuation routes, public
utilities necessary for public health and safety, including drinking
water and wastewater treatment facilities, and hospitals.
(e) "Sacramento-San Joaquin Valley" means any lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or any of their tributaries or connected therewith, or upon any land
adjacent thereto, or within any of the overflow basins thereof, or
upon any land susceptible to overflow therefrom. The Sacramento-San
Joaquin Valley does not include lands lying within the Tulare Lake
basin, including the Kings River.
(f) "State Plan of Flood Control" has the meaning set forth in
subdivision (j) of Section 5096.805 of the Public Resources Code.
(g) "System" means the Sacramento-San Joaquin River Flood
Management System described in Section 9611.
(h) "Urban area" has the same meaning as that set forth in
subdivision (k) of Section 5096.805 of the Public Resources Code.
(i) "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.
9603. (a) The Central Valley Flood Protection Plan shall be a
descriptive document, and neither the plan nor anything in this part
shall be construed to expand the liability of the state for the
operation or maintenance of any flood management facility beyond the
scope of the State Plan of Flood Control, except as specifically
determined by the board pursuant to Section 9611. Neither the
development nor the adoption of the Central Valley Flood Protection
Plan shall be construed to constitute any commitment by the state to
provide, to continue to provide, or to maintain at, or to increase
flood protection to, any particular level.
(b) The Central Valley Flood Protection Plan reflects a systemwide
approach to protecting the lands currently protected from flooding
by existing facilities of the State Plan of Flood Control. Any flood
protection benefits accruing to lands or communities outside the
State Plan of Flood Control are incidental and shall not constitute
any commitment by the state to provide, to continue to provide, or to
maintain at, or to increase flood protection to, any particular
level.
CHAPTER 2. PLAN DEVELOPMENT
9610. (a) By July 1, 2008, the department shall develop
preliminary maps for the 100 and 200 year floodplains protected by
project levees. The 100 year floodplain maps shall be prepared using
criteria developed or accepted by the Federal Emergency Management
Agency (FEMA).
(1) 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 floodplain
studies and other sources to compile preliminary maps.
(2) 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.
(3) The department shall post this information on the boards
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 other
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.
9611. The Sacramento-San Joaquin River Flood Management System
comprises all of the following:
(a) The facilities of the State Plan of Flood Control as that plan
may be amended pursuant to this part.
(b) Any existing dam, levee, or other flood management facility
that is not part of the State Plan of Flood Control if the board
determines, upon recommendation of the department, that the facility
does one or more of the following:
(1) Provides significant systemwide benefits for managing flood
risks within the Sacramento-San Joaquin Valley.
(2) Protects urban areas within the Sacramento-San Joaquin Valley.
(c) Upon completion of the Central Valley Flood Protection Plan
pursuant to this part, the department may identify and propose to the
board additional structural and nonstructural facilities that may
become facilities of the State Plan of Flood Control, consistent with
the Central Valley Flood Protection Plan. The board may add those
facilities to the State Plan of Flood Control based on a
determination showing how the facility accomplishes the purposes
identified in subdivision (b).
(d) For the purposes of subdivision (c), facilities that may
become facilities of the State Plan of Flood Control include
bypasses, floodway corridors, flood plain storage, or other projects
that expand the capacity of the flood protection system in the
Sacramento-San Joaquin Valley to provide flood protection.
9612. (a) The department shall prepare, and the board shall
adopt, a plan identified as the Central Valley Flood Protection Plan
in accordance with this part.
(b) No later than January 1, 2012, the department shall prepare
the Central Valley Flood Protection Plan in accordance with this
part, and shall transmit the plan to the board, which shall adopt the
plan no later than July 1, 2012.
(c) The board shall hold at least two hearings to receive comments
on the proposed plan. At least one hearing shall be held in the
Sacramento Valley and at least one hearing shall be held in the San
Joaquin Valley. The board shall also accept comments in writing with
regard to the proposed plan.
(d) The board may make changes to the proposed plan to resolve
issues raised in the hearings or to respond to comments received by
the board. The board shall publish its proposed changes to the
proposed plan at least two weeks before adopting the plan.
(e) The plan shall be updated in subsequent years ending in 2 and
7.
(f) The department or the board may appoint one or more advisory
committees to assist in the preparation of the plan. If the
department or the board appoints one or more advisory committees, the
advisory committee or committees shall include representation by
interested organizations.
9613. (a) Consistent with subdivision (b) of Section 5096.821 of
the Public Resources Code, the department may implement flood
protection improvements for urban areas protected by facilities of
the State Plan of Flood Control before the adoption of Central Valley
Flood Protection Plan if the director determines, in writing, that
all of the following apply:
(1) The improvements are necessary and require state funding
before the completion of the Central Valley Flood Protection Plan
prepared pursuant to Section 9612.
(2) The improvements will reduce or avoid risk to human life in
one or more urban areas.
(3) The improvements will not impair or impede future changes to
regional flood protection or the Central Valley Flood Protection
Plan.
(4) The improvements will be maintained by a local agency that has
committed sufficient funding to maintain both the existing and
improved facilities of the State Plan of Flood Control.
(5) The affected cities, counties, and other public agencies will
have sufficient revenue resources for the operation and maintenance
of the facility.
(6) Upon the allocation of funds for a project, the proposed project
is ready for implementation.
(7) The improvements comply with existing law.
(b) The flood protection improvements authorized by this section
may include improvements to specific facilities of the State Plan of
Flood Control or acquisition of flood easements for floodways that
support facilities of the State Plan of Flood Control to increase
levels of flood protection for urban areas in accordance with
subdivision (b) of Section 5096.821 of the Public Resources Code.
(c) The department and the board shall investigate and evaluate
the feasibility of potential bypasses or floodways that would
significantly reduce flood stage in the San Joaquin River Watershed,
upstream and south of Paradise Cut.
9614. The plan shall include all of the following:
(a) A description of the Sacramento-San Joaquin River Flood
Management System and the cities and counties included in the system.
(b) A description of the performance of the system and the
challenges to modifying the system to provide appropriate levels of
flood protection using available information.
(c) A description of the facilities included in the State Plan of
Flood Control, including all of the following:
(1) The precise location and a brief description of each facility,
a description of the population and property protected by the
facility, the system benefits provided by the facility, if any, and a
brief history of the facility, including the year of construction,
major improvements to the facility, and any failures of the facility.
(2) The design capacity of each facility.
(3) A description and evaluation of the performance of each
facility, including the following:
(A) An evaluation of failure risks due to each of the following:
(i) Overtopping.
(ii) Under seepage and seepage.
(iii) Structural failure.
(iv) Other sources of risk, including seismic risks, that the
department or the board determines are applicable.
(B) A description of any uncertainties regarding performance
capability, including uncertainties arising from the need for
additional engineering evaluations or uncertainties arising from
changed conditions such as changes in estimated channel capacities.
(d) A description of each existing dam that is not part of the
State Plan of Flood Control that provides either significant
systemwide benefits for managing flood risks within the
Sacramento-San Joaquin Valley or protects urban areas within the
Sacramento-San Joaquin Valley.
(e) A description of each existing levee and other flood
management facility not described in subdivision (d) that is not part
of the State Plan of Flood Control that provides either significant
systemwide benefits for managing flood risks within the
Sacramento-San Joaquin Valley or protects an urban area as defined by
subdivision (k) of Section 5096.805 of the Public Resources Code.
(f) A description of the probable impacts of projected climate
change, projected land use patterns, and other potential flood
management challenges on the ability of the system to provide
adequate levels of flood protection.
(g) An evaluation of the structural improvements and repairs
necessary to bring each of the facilities of the State Plan of Flood
Control to within its design standard. The evaluation shall include a
prioritized list of recommended actions necessary to bring each
facility not identified in subdivision (h) to within its design
standard.
(h) The evaluation shall include a list of facilities recommended
to be removed from the State Plan of Flood Control. For each facility
recommended for removal, the evaluation shall identify both of the
following:
(1) The reasons for proposing the removal of the facility from the
State Plan of Flood Control.
(2) Any additional recommended actions associated with removing
the facility from the State Plan of Flood Control.
(i) A description of both structural and nonstructural methods for
providing an urban level of flood protection to current urban areas
where an urban area means the same as set forth in subdivision (k) of
Section 5096.805 of the Public Resources Code. The description shall
also include a list of recommended next steps to improve urban flood
protection.
(j) A description of structural and nonstructural means for
enabling or improving systemwide riverine ecosystem function,
including, but not limited to, establishment of riparian habitat and
seasonal inundation of available flood plains where feasible.
9615. For the purposes of preparing the plan, the department
shall collaborate with the United States Army Corps of Engineers and
the owners and operators of flood management facilities.
9616. (a) The plan shall include a description of both structural
and nonstructural means for improving the performance and
elimination of deficiencies of levees, weirs, bypasses, and
facilities, including facilities of the State Plan of Flood Control,
and, wherever feasible, meet multiple objectives, including each of
the following:
(1) Reduce the risk to human life, health, and safety from
flooding, including protection of public safety infrastructure.
(2) Expand the capacity of the flood protection system in the
Sacramento-San Joaquin Valley to either reduce floodflows or convey
floodwaters away from urban areas.
(3) Link the flood protection system with the water supply system.
(4) Reduce flood risks in currently nonurbanized areas.
(5) Increase the engagement of local agencies willing to
participate in improving flood protection, ensuring a better
connection between state flood protection decisions and local land
use decisions.
(6) Improve flood protection for urban areas to the urban level of
flood protection.
(7) Promote natural dynamic hydrologic and geomorphic processes.
(8) Reduce damage from flooding.
(9) Increase and improve the quantity, diversity, and connectivity
of riparian, wetland, flood plain, and shaded riverine aquatic
habitats, including the agricultural and ecological values of these
lands.
(10) Minimize the flood management system operation and
maintenance requirements.
(11) Promote the recovery and stability of native species
populations and overall biotic community diversity.
(12) Identify opportunities and incentives for expanding or
increasing use of floodway corridors.
(13) Provide a feasible, comprehensive, and long-term financing
plan for implementing the plan.
(14) Identify opportunities for reservoir reoperation in
conjunction with groundwater flood storage.
(b) The plan shall include a prioritized list of recommended
actions to reduce flood risks and meet the objectives described in
subdivision (a).
CHAPTER 3. PLAN IMPLEMENTATION
9620. Upon the adoption of the plan by the board, all of the
following apply:
(a) The facilities identified pursuant to subdivision (a) of
Section 9614 shall be deemed to be part of the system.
(b) The board shall act on the recommendations to remove
facilities identified pursuant to subdivision (h) of Section 9614
from the State Plan of Flood Control.
(c) The department shall develop a recommended schedule and
funding plan to implement the recommendations of the plan. To develop
the recommended schedule and funding plan, the department may
collaborate with local and federal agencies.
9621. Consistent with the adoption of the Central Valley Flood
Protection Plan pursuant to this part, each county shall collaborate
with cities within its jurisdiction to develop flood emergency plans
within 24 months of the adoption of the plan.
9622. Consistent with the adoption of the Central Valley Flood
Protection Plan pursuant to this part, each city, county, and city
and county shall collaborate with the state and local flood
management agencies to provide relocation assistance or other
cost-effective strategies for reducing flood risk to existing
economically disadvantaged communities located in nonurbanized areas.
9623. Consistent with the adoption of the Central Valley Flood
Protection Plan pursuant to this part, each city, county, and city
and county shall collaborate with the state and local flood
management agencies to develop funding mechanisms to finance local
flood protection responsibilities by January 1, 2010.
9624. Notwithstanding any other provision of law, this part
applies to all cities, including charter cities, and counties
included in the plan pursuant to Section 9614. The Legislature finds
and declares that flood protection in the Sacramento-San Joaquin
Valley 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.
9625. (a) By January 1, 2010, the department shall develop
cost-sharing formulas, as needed, for funds made available by the
Disaster Preparedness and Flood Prevention Bond Act of 2006 (Chapter
1.699 (commencing with Section 5096.800) of Division 5 of the Public
Resources Code) and the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Division 43 (commencing with Section 75001) of the Public Resources
Code) for repairs or improvements of facilities included in the plan
to determine the local share of the cost of design and construction.
(b) The cost-share formulas developed by the department shall be
established pursuant to Section 12585.7.
(c) In developing cost-share formulas, the department shall
consider the ability of local governments to pay their share of the
capital costs of the project.
(d) Prior to finalizing cost-share formulas, the department shall
conduct public meetings to consider public comments. The department
shall post the draft cost-share formula on its Internet Web site at
least 30 days before the public meetings. To the extent feasible, the
department shall provide outreach to disadvantaged communities to
promote access and participation in the meetings.
SEC. 10. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 11. This act shall become operative only if Assembly Bill 162
and Senate Bill 17 of the 2007-08 Regular Session of the Legislature
are enacted and become operative.