BILL ANALYSIS Ó
AB 1965
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CONCURRENCE IN SENATE AMENDMENTS
AB 1965 (Pan)
As Amended August 29, 2012
Majority vote
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|ASSEMBLY: | |(May 17, 2012) |SENATE: |34-0 |(August 31, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: HIGHER ED.
SUMMARY : Revises provisions contained in SB 1278 (Wolk),
related to planning and zoning for flood protection in the
Sacramento-San Joaquin Valley.
The Senate amendments chapter out specified provisions of SB
1278 (Wolk), thereby making the following changes to that bill:
1)Delete language specifying that an urban level of flood
protection only applies to a "leveed riverine system."
2)Delete provisions stating that the review and approval of
floodplain maps by the Department of Water Resources (DWR)
shall be exempt from the California Environmental Quality Act
(CEQA) and the California Endangered Species Act (CESA).
3)Declare that the provisions of this bill shall become
operative only if SB 1278 is enacted and takes effect on or
before January 1, 2013, and this bill is enacted after SB
1278.
AS PASSED BY THE ASSEMBLY , this bill allowed a designee to
attend meetings of the California State University Board of
Trustees and act on behalf of an ex officio board member.
FISCAL EFFECT : According to the Assembly Appropriations
Committee's analysis of SB 1278 (Wolk), the following costs are
associated with SB 1278:
1)Costs in the millions of dollars to the DWR to develop the
detailed maps required in this bill (General Fund (GF),
special fund, bond funds).
AB 1965
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2)Unknown cost pressures, likely in the millions of dollars,
beginning in 2013-14 through 2015-16, for financial assistance
to cities and counties to update their General Plans pursuant
to the Central Valley Flood Protection Plan.
COMMENTS : SB 1278 (Wolk) of this current legislative session,
passed the Legislature and was sent to Governor Brown for his
signature on August 23, 2012. SB 1278 requires DWR to issue
flood maps and local governments to update their general plans
to determine whether areas have met urban levels of flood
protection before they can be developed.
DWR recently requested (after SB 1278 was sent to the Governor)
that the author make several changes to SB 1278. Rather than
pull SB 1278 back from the Governor's desk for purposes of
further amendment, the author opted instead to find an unrelated
vehicle to amend DWR's requested changes into, and to make the
clean-up bill effective after SB 1278, should the Governor sign
that bill. The net effect is that the changes in this bill
would layer on top of
SB 1278, thereby resolving DWR's concerns.
This bill contains two sections that were also included in SB
1278. The first section contains a definition of "urban level
of flood protection" that deletes several words, thereby
deleting language from SB 1278 that specifies that an urban
level of flood protection only applies to a leveed riverine
system. The second section of overlap between the two bills
deletes provisions stating that the review and approval of
floodplain maps by DWR shall be exempt from CEQA and CESA.
Support arguments: This bill contains technical clean-up at the
request of DWR in order to delete certain provisions out of SB
1278 (Wolk) that were problematic for DWR. Without these
changes, SB 1278 awaits an uncertain future on the Governor's
desk.
Opposition arguments: Rather than substantially amend a bill to
include DWR's requested deletions, the more prudent route may be
to pull back SB 1278 for further amendment. Alternatively, the
Legislature may wish to consider whether a letter to the journal
by the author of SB 1278 committing to clean-up legislation next
year to address DWR's concerns may have sufficed, instead of
sending two separate bills to the Governor.
AB 1965
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The Assembly-approved provisions of this bill were deleted in
the Senate.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0005842