BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1278|
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THIRD READING
Bill No: SB 1278
Author: Wolk (D)
Amended: 5/29/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 8-0, 4/10/12
AYES: Pavley, La Malfa, Cannella, Fuller, Kehoe, Padilla,
Simitian, Wolk
NO VOTE RECORDED: Evans
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 4/25/12
AYES: Wolk, Dutton, DeSaulnier, Hancock, Hernandez, Kehoe,
La Malfa
NO VOTE RECORDED: Fuller, Liu
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Planning and zoning: flood protection:
Sacramento-
San Joaquin Valley
SOURCE : Author
DIGEST : This bill requires 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
CONTINUED
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reflect the soon to be released Central Valley Flood
Protection Plan (Flood Plan); and extends existing
deadlines for the general plan updates.
ANALYSIS :
Existing law:
1. Requires each city and county within the Sacramento-San
Joaquin Valley to amend its general plan, as specified,
within 24 months of the adoption of the Flood Plan by
the Central Valley Flood Protection Board. Existing law
requires the Central Valley Flood Protection Board, the
DWR, and local flood agencies to collaborate with cities
or counties by providing the cities and counties with
information and other technical assistance to assist
with complying with these requirements.
2. Prohibits a city or county within the Sacramento-San
Joaquin Valley from entering into a development
agreement for property that is located in a flood hazard
zone unless the city or county makes specified findings,
including, among others, that certain conditions have
been imposed by the city or county.
3. Requires the 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.
4. Specifies that DWR shall provide financial assistance
for the purpose of mapping flood protection of
nonproject levees, not all flood-related general plan
update costs.
This bill
1. Requires 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 will need to update their
general plans to reflect the Flood Plan.
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2. Requires DWR to provide financial assistance to cities
and counties for their general plan updates to the
extent funding is available for this purpose.
3. Requires 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.
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, Statutes of 2007 that requires the Central Valley
Flood Protection Board to adopt the 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Minor and absorbable costs from Prop 84 or Prop 1E bonds
(General Fund) in 2012-13 for the development of maps
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indicating areas protected by the State Plan of Flood
Control.
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 Flood Plan.
SUPPORT : (Verified 5/29/12)
City of Sacramento
ARGUMENTS IN SUPPORT : According to the author, "Cities
and counties within the Central Valley currently do not
have access to reliable information on flood risks to their
communities. SB 1278 helps ensure that these communities
are able to work with the state to develop the flood risk
information necessary to make informed and responsible land
use decisions."
CTW:do 5/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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