BILL ANALYSIS Ó SB 1278 Page 1 Date of Hearing: June 26, 2012 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Jared Huffman, Chair SB 1278 (Wolk) - As Amended: June 12, 2012 SENATE VOTE : 38-0 ASSEMBLY LOCAL GOVERNMENT : 9-0 SUBJECT : Flood protection: Sacramento-San Joaquin Valley SUMMARY : Requires the Department of Water Resources (DWR) to issue flood maps and for local governments to update their general plans and determine whether areas have met urban levels of flood protection before they can be developed. Specifically, this bill : Requires DWR to: 1)Requires DWR to issue maps indicating the areas protected by the State Plan of Flood Control by July 2, 2013 and specifies that 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. 2)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 (Flood Plan); and, 3)Extends existing deadlines for the general plan updates. 4)Defines an "undefined risk area" as an urban or urbanizing area within a moderate flood hazard zone, as delineated by Federal Emergency Management Agency (FEMA) maps, which has not been determined to have an urban level of flood protection. 5)Requires a local government to determine, based on substantial evidence, that property in an undetermined risk area has met the urban level of flood protection before it may be developed. 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 SB 1278 Page 2 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 that adequate flood protection is or will be provided. 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. FISCAL EFFECT : According to the Senate Appropriations Committee staff analysis: 1) 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; and, 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 Flood Plan. COMMENTS : 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 SB 1278 Page 3 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. 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." REGISTERED SUPPORT / OPPOSITION : Support City of Sacramento County of Sacramento Opposition None on file. Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096