Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1088

Introduced by Assembly Member Muratsuchi

February 22, 2013

An act to begin delete amend Section 65007 of the Government Code, relating to land use end delete begin insert add Section 12096.45 to the Government Code, relating to the California Office of Business and Economic Development end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1088, as amended, Muratsuchi. begin delete Planning and Zoning Law. end delete begin insert The Governor’s Office of Business and Economic Development: trade office end insert begin insert : Japan. end insert

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Existing law establishes the Governor’s Office of Business and Economic Development, which is administered by a director appointed by the Governor. The office serves the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office exercises powers related to economic development, including, among others, making recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals.

end insert begin insert

This bill would require the office, no later than January 1, 2016, to establish under its jurisdiction an overseas trade office in Tokyo, Japan, as specified.

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The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a land use element that designates the proposed general distribution and general location and extent of the uses of the land for various purposes and a conservation element that considers, among other things, the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands. The land use element is required to identify areas that are subject to flooding, and the conservation element may also cover, among other things, flood control.

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This bill would make a technical, nonsubstantive change to a provision of the Planning and Zoning Law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 12096.45 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 12096.45. end insert   

No later than January 1, 2016, upon appropriation
of sufficient funds for this purpose, the office shall establish under
its jurisdiction an overseas trade office in Tokyo, Japan. The trade
office shall have those powers and duties prescribed by the
director, to promote and facilitate the state’s international trade
activities.

end insert

begin delete

SECTION 1.  

Section 65007 of the Government Code is
amended to read:

65007.  

As used in this title, the following terms have the
following meanings, unless the context requires otherwise:

(a) “Adequate progress” means all of the following:

(1) The total project scope, schedule, and cost of the completed
flood protection system have been developed to meet the
appropriate standard of protection.

(2) (A) Revenues that are sufficient to fund each year of the
project schedule developed in paragraph (1) have been identified
and, in any given year and consistent with that schedule, at least
90 percent of the revenues scheduled to be received by that year
have been appropriated and are currently being expended.

(B) Notwithstanding subparagraph (A), for any year in which
state funding is not appropriated consistent with an agreement
between a state agency and a local flood management agency, the
Central Valley Flood Protection Board may find that the local
flood management agency is making adequate progress in working
toward the completion of the flood protection system.

(3) Critical features of the flood protection system are under
construction, and each critical feature is progressing as indicated
by the actual expenditure of the construction budget funds.

(4) The city or county has not been responsible for a significant
delay in the completion of the system.

(5) The local flood management agency shall provide the
Department of Water Resources and the Central Valley Flood
Protection Board with the information specified in this subdivision
sufficient to determine substantial completion of the required flood
protection. The local flood management agency shall annually
report to the Central Valley Flood Protection Board on the efforts
in working toward completion of the flood protection system.

(b) “Central Valley Flood Protection Plan” has the same
meaning as that set forth in Section 9612 of the Water Code.

(c) “Developed area” has the same meaning as that set forth in
Section 59.1 of Title 44 of the Code of Federal Regulations.

(d) “Flood hazard zone” means an area subject to flooding that
is delineated as either a special hazard area or an area of moderate
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency. The identification of flood
hazard zones does not imply that areas outside the flood hazard
zones, or uses permitted within flood hazard zones, will be free
from flooding or flood damage.

(e) “National Federal Emergency Management Agency standard
of flood protection” means 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 for application in the National
Flood Insurance Program.

(f) “Nonurbanized area” means a developed area or an area
outside a developed area in which there are fewer than 10,000
residents that is not an urbanizing area.

(g) “Project levee” means a levee that is part of the facilities of
the State Plan of Flood Control.

(h) “Sacramento-San Joaquin Valley” means lands in the bed
or along or near the banks of the Sacramento River or San Joaquin
River, or their tributaries or connected therewith, or upon any land
adjacent thereto, or within the overflow basins thereof, or upon
land susceptible to overflow therefrom. The Sacramento-San
Joaquin Valley does not include lands lying within the Tulare Lake
basin, including the Kings River.

(i) “State Plan of Flood Control” has the same meaning as that
set forth in subdivision (j) of Section 5096.805 of the Public
Resources Code.

(j) “Tulare Lake basin” means the Tulare Lake Hydrologic
Region as defined in the California Water Plan Update 2009,
prepared by the Department of Water Resources pursuant to
Chapter 1 (commencing with Section 10004) of Part 1.5 of Division
6 of the Water Code.

(k) “Undetermined risk area” means an urban or urbanizing area
within a moderate flood hazard zone, as delineated on an official
flood insurance rate map issued by the Federal Emergency
Management Agency, which has not been determined to have an
urban level of protection.

(l) “Urban area” means a developed area in which there are
10,000 residents or more.

(m) “Urbanizing area” means a developed area or an area outside
a developed area that is planned or anticipated to have 10,000
residents or more within the next 10 years.

(n) “Urban level of flood protection” means the level of
protection that is necessary to withstand flooding that has a
1-in-200 chance of occurring in any given year using criteria
consistent with, or developed by, the Department of Water
Resources. “Urban level of flood protection” shall not mean
shallow flooding or flooding from local drainage that meets the
criteria of the national Federal Emergency Management Agency
standard of flood protection.

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