BILL NUMBER: AB 1965 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
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 65007 of the Government Code, and to amend
Section 9610 of the Water Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1965, Pan. 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.
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.
(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.
(g) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
(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.
(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.
(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.
(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.
(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.
(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 and San Joaquin River 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 flood plain 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 flood plain 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.