BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1965|
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THIRD READING
Bill No: AB 1965
Author: Pan (D)
Amended: 8/29/12 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Land use
SOURCE : Author
DIGEST : The bill provides that the Department of Water
Resources (DWR) issuance of floodplain maps are not subject
to the review and approval of the Office of Administrative
Law, as specified, and provides 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 bill. This
bill is contingent upon successful enactment of SB 1278
(Wolk).
ANALYSIS : Existing law requires DWR 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:
1. Defines the term "National Federal Emergency Management
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Agency standard of flood protection" as 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 (FEMA) for application in the National
Flood Insurance Program.
2. Defines the term "undetermined risk area" as an urban or
urbanizing area within a moderate flood hazard zone, as
delineated on an official flood insurance rate map
issued by FEMA, which has not been determined to have an
urban level of protection.
3. Specifies the term "urban level of flood protection"
does not mean shallow flooding or flooding from local
drainage that meets the criteria of the national FEMA
standard of flood protection.
4. Requires, 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 DWR 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.
5. Requires DWR, concurrent with the release of these maps
and for the purpose of assisting local agencies in
determining their level of flood protection, make
available levee reliability data for the facilities of
the State Plan of Flood Control identified in the maps.
6. Specifies DWR's issuance of floodplain maps are not
subject to the review and approval of the Office of
Administrative Law.
7. Specifies the state, or any state agency, is 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 provision of
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this bill.
8. Is contingent upon successful enactment of SB 1278
(Wolk).
Background
According to the author, this bill fixes an error recently
passed by this legislature in order to ensure important
flood protection policies are adopted this year, in time to
be of use to cities and counties in the Central Valley.
SB 1278 provides several solutions that enable Central
Valley communities to implement the State's existing flood
protection laws and access flood risk information.
However, SB 1278 included a drafting error that is likely
to result in veto, unless a fix is provided.
The Assembly voted 79-0 and the Senate voted 37-0 to send
SB 1278 to the Governor. SB 1278 provides several
solutions that enable Central Valley communities to
implement the State's existing flood protection laws and
access flood risk information.
However, SB 1278 included a drafting error that is likely
to result in veto, unless a fix is provided.
Cities and counties are now facing a two-year deadline to
amend general plans and incorporate critical flood risk
information into planning decisions. Unfortunately, without
SB 1278 in place, many Central Valley communities will not
have the tools necessary to comply with this existing law.
AB 1965 will delete the drafting error, a reference to
"leveed riverine systems" and clear the way to allow time
sensitive flood legislation to be enacted this year.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
JJA:m 8/30/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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