BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 1278 (Wolk) - Planning and zoning: flood protection: Sacramento-San Joaquin Valley. Amended: May 1, 2012 Policy Vote: NR&W 8-0, Gov&F 7-0 Urgency: No Mandate: No Hearing Date: May 24, 2012 Consultant: Marie Liu SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: SB 1278 would require the Department of Water Resources (DWR) to release maps indicating areas protected by the State Plan of Flood Control; offer financial assistance, to the extent funds are available, to assist local governments in updating their general plans to reflect the soon to be released Central Valley Flood Protection Plan; and extends existing deadlines for the general plan updates. Fiscal Impact: Minor and absorbable costs from Prop 84 or Prop 1E bonds (General Fund) in 2012-13 for the development of maps indicating areas protected by the State Plan of Flood Control. Unknown cost pressures likely in the hundreds of thousands, beginning in 2013-14 through 2015-16, for financial assistance to cities and counties to map areas protected by non-project levees. Background: In 2007, Governor Schwarzenegger signed a six-bill flood package with the general purposes of identifying the areas of the state with the greatest flood risk and to reduce those risks. Among the package was SB 5 (Machado) Chapter 364/2007 that required the Central Valley Flood Protection Board (board) to adopt the Central Valley Flood Protection Plan (Flood Plan), an integrated flood management plan for the Sacramento-San Joaquin River Flood Management System, by July 1, 2012. Within 24 months of the adoption of the Flood Plan (i.e. no later than July 1, 2014), cities and counties are required to amend their general plans to incorporate data and analysis from the Flood Plan. And within 12 months of amending its general plan (i.e. no later than July 1, 2015), a city or county must also update their zoning ordinances to be consistent with the revised SB 1278 (Wolk) Page 1 general plan. Once the general plan and zoning ordinances have been updated, the local government is prohibited from allowing development on property within a flood hazard zone unless the city or county makes certain determinations. The State Plan of Flood Control is a document of existing state and federal flood control works, protection systems, lands, programs, plans, conditions, modes of operations, and maintenance of the Sacramento River Flood Control Project, Sacramento River, and the San Joaquin River watersheds. SB 1278 (Wolk) Page 2 Proposed Law: This bill would require: DWR to issue maps indicating the areas protected by the State Plan of Flood Control by July 2, 2013. Within 24 months of this deadline (i.e. July 2, 2015), local governments would need to update their general plans to reflect the Flood Plan DWR to provide financial assistance to cities and counties for their general plan updates to the extent funding is available for this purpose. A local government to determine that property in an undetermined risk area has met the urban level of flood protection before it may be developed. Staff Comments: This bill would require DWR to issue maps indicating areas protected by the State Plan of Flood Control. Existing statute already requires DWR to provide a description of the population and property protected by facilities in the State Plan of Flood Control. As this is the necessary information to develop maps, this requirement has minor and absorbable costs. This bill would set a deadline for this requirement, which is consistent with DWR's current intentions. DWR notes potential concerns that explicitly requiring DWR to produce maps exposes DWR to liability if the maps prove to be incorrect. This bill would also require DWR to provide financial assistance to cities and counties for their general plan updates, to the extent funds are available. At least 35 cities and counties in the San Joaquin Valley will need to update their general plans when the Flood Plan is released. Given that general plan updates can easily cost local governments the hundreds of thousands to over a million dollars, the cost pressure of this provision is unknown, but likely to be in the millions of dollars. Recommended Amendments: Staff notes the need for technical amendments: (1) GC Section 65302.9 requires DWR to issue maps for areas protected by the State Plan of Flood Control by July 2, 1013. WC Section 9610 has this same requirement, but by July 1, 2013; and (2) Instead of saying within 24 months of July 2, 2013, it would be clearer to simply reference July 2, 2015. Proposed Author Amendments: Specify that DWR shall provide financial assistance for the purpose of mapping flood protection of nonproject levees, not all flood-related general plan update SB 1278 (Wolk) Page 3 costs.