BILL NUMBER: AB 1965 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Pan
( Principal coauthor: Senator
Wolk )
FEBRUARY 23, 2012
An act to amend Section 66602 of the Education Code,
relating to public postsecondary education. An act to
amend Section 65007 of the Government Code, and to amend Section 9610
of the Water Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1965, as amended, Pan. California State University:
trustees: student members: voting at board meetings.
Land use.
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, on or before
July 2, 2013, to release floodplain maps, as specified, and the
available data as to the water surface elevation of flooding in urban
areas, as specified. The bill would provide that the department's
issuance of floodplain maps are not subject to the review and
approval of the Office of Administrative Law, as specified. The bill
would provide that the state or any state agency is not liable for
any claim based upon the reasonable exercise or performance of a
discretionary or ministerial function or duty pursuant to this
provision. The bill would incorporate additional changes pursuant to
SB 1278, as specified.
This bill would become operative only if SB 1278 is enacted and
takes effect on or before January 1, 2013, and this bill is enacted
last.
Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Under existing law, the trustees are composed of a
total of 25 members, which include 5 specified ex officio members, a
representative of the alumni associations of the university, 16
members appointed by the Governor, subject to confirmation by 2/3 of
the membership of the Senate, for 8-year terms, and 2 California
State University students and one California State University faculty
member appointed by the Governor for 2-year terms. Existing law
prohibits a student member from voting at a board meeting during the
first year of his or her term.
This bill would authorize a student member to vote at a board
meeting during the first year of his or her term if the other student
member is absent from that meeting.
Vote: majority. Appropriation: no. Fiscal committee: no
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) "National Federal Emergency Management Agency standard of
flood protection" means the level of flood protection that is
necessary to withstand flooding that has a 1-in-100 chance of
occurring in any given year using criteria developed by the Federal
Emergency Management Agency for application in the National Flood
Insurance Program.
(e)
(f) "Nonurbanized area" means a developed
area or an area outside a developed area in which there are fewer
than 10,000 residents that is not an urbanizing area .
(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) "Undetermined risk area" means an urban or urbanizing area
within a moderate flood hazard zone, as delineated on an official
flood insurance rate map issued by the Federal Emergency Management
Agency, which has not been determined to have an urban level of
protection.
(k)
(l) "Urban area" means a developed area in
which there are 10,000 residents or more.
(m) "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)
(n) "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.
"Urban level of flood protection" shall not mean shallow
flooding or flooding from local drainage that meets the criteria of
the national Federal Emergency Management Agency standard of flood
protection.
SEC. 2. 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 Sacramento and San
Joaquin River Basin Basins
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) (1) On or before July 2, 2013, and for the purpose of
providing information to cities and counties necessary for their
determinations relating to level of flood protection, the department
shall release floodplain maps that identify at a minimum the
facilities of the State Plan of Flood Control and the available data
as to the water surface elevation of flooding in urban areas in the
event of the failure of the facilities of the State Plan of Flood
Control during flooding that has a 1-in-200 chance of occurring in
any given year.
(2) Concurrent with the release of these maps and for the purpose
of assisting local agencies in determining their level of flood
protection, the department shall make available levee reliability
data for the facilities of the State Plan of Flood Control identified
in the maps.
(e) The department's issuance of floodplain maps shall not be
subject to the review and approval of the Office of Administrative
Law or to any other requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(f) The state, or any state agency, shall not be liable for any
claim based upon the reasonable exercise or performance of a
discretionary or ministerial function or duty on the part of a state
agency or a state employee or officer in carrying out subdivision
(d).
SEC. 3. This act shall become operative only if
Senate Bill 1278 is enacted and takes effect on or before January 1,
2013, and this bill is enacted last.
SECTION 1. Section 66602 of the Education Code
is amended to read:
66602. (a) The board shall be composed of the following five ex
officio members: the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, the Speaker of the Assembly,
and the person named by the trustees to serve as the Chancellor of
the California State University; a representative of the alumni
associations of the state university, selected for a two-year term by
the alumni council, California State University, which
representative shall not be an employee of the California State
University during the two-year term; and 16 appointive members
appointed by the Governor and subject to confirmation by two-thirds
of the membership of the Senate.
(b) (1) Two students from the California State University, who
shall have at least a junior year standing at the institutions they
attend, and who remain in good standing as students during their
respective terms, shall also be appointed by the Governor to serve on
the board for two-year terms.
(2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing board
of any statewide student organization that represents the students
of the California State University and the student body organizations
of the campuses of the California State University. Any appointment
to fill a vacancy of a student member shall be effective only for the
remainder of the term of the person's office that became vacated.
(3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June 30 two
years thereafter. The term of office of the other student member of
the board shall commence on July 1 of an odd-numbered year and expire
on June 30 two years thereafter. Notwithstanding paragraph (1), a
student member who graduates from his or her college or university on
or after January 1 of the second year of his or her term of office
may serve the remainder of the term.
(4) (A) During the first year of a student member's term, a
student member shall be a member of the board and may attend all
meetings of the board and its committees. At these meetings, a
student member may fully participate in discussion and debate, but
may not vote. During the second year of a student member's term, a
student member may exercise the same right to attend meetings of the
board, and its committees, and shall have the same right to vote as
the members appointed pursuant to subdivision (a).
(B) Notwithstanding subparagraph (A), during the first year of a
student member's term, the student may vote at a board meeting if the
other student member is absent from that meeting.
(5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
(c) (1) A faculty member from the California State University, who
shall be tenured at the California State University campus at which
he or she teaches, shall also be appointed by the Governor to serve
on the board for a two-year term. In the selection of a faculty
member as a member of the board, the Governor shall appoint the
faculty member from a list of names of at least two persons furnished
by the Academic Senate of the California State University.
(2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
(3) The term of office of the faculty member of the board shall
commence on July 1, and shall expire on June 30 two years thereafter.