Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1259


Introduced by Assembly Member Olsen

February 22, 2013


An act to amendbegin delete Section 85320 of the Waterend deletebegin insert Sections 65962 and 66474.5 of the Governmentend insert Code, relating tobegin delete water resources.end deletebegin insert flood management.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1259, as amended, Olsen. Sacramento-San Joaquinbegin delete Delta: Delta Plan: Bay Delta Conservation Plan.end deletebegin insert Valley.end insert

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Existing law requires each city and county within the Sacramento-San Joaquin Valley, within 24 months of the adoption of the Central Valley Flood Protection Plan, to amend its general plan to include specified data, policies, and implementation measures. The city or county is also required, within 36 months of the adoption of the Central Valley Flood Protection Plan, but not more than 12 months after the amendment of its general plan, to amend its zoning ordinance to be consistent with the general plan, as amended.

end insert
begin insert

After the general plan amendments and zoning ordinance amendments have become effective, the city or county, unless it makes one of 3 specified findings, is prohibited from approving specified permits that would result in specified construction located within a flood hazard zone, and is required to deny approval of a tentative map, or a parcel map for which a tentative map was not required, for a subdivision located within the flood hazard zone.

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This bill would include, among the findings that exempt a city or county from the above-described prohibition and requirement, a finding that property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.

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The Sacramento-San Joaquin Delta Reform Act of 2009 establishes the Delta Stewardship Council, which is required to develop, adopt, and commence implementation of a comprehensive management plan for the Delta (Delta Plan) by January 1, 2012. The act requires the council to consider for inclusion in the Delta Plan a multispecies conservation plan called the Bay Delta Conservation Plan (BDCP), and requires the incorporation of the BDCP into the Delta Plan if the BDCP meets certain requirements.

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This bill would make a technical, nonsubstantive change in this provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65962 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

65962.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, after
4the amendments required by Sections 65302.9 and 65860.1 have
5become effective, each city and county within the Sacramento-San
6Joaquin Valley shall not approve a discretionary permit or other
7discretionary entitlement, or a ministerial permit that would result
8in the construction of a new residence, for a project that is located
9within a flood hazard zone unless the city or county finds, based
10on substantial evidence in the record, one of the following:

11(1) The facilities of the State Plan of Flood Control or other
12flood management facilities protect the project to the urban level
13of flood protection in urban and urbanizing areas or the national
14Federal Emergency Management Agency standard of flood
15protection in nonurbanized areas.

16(2) The city or county has imposed conditions on the permit or
17discretionary entitlement that will protect the project to the urban
18level of flood protection in urban and urbanizing areas or the
19national Federal Emergency Management Agency standard of
20flood protection in nonurbanized areas.

21(3) The local flood management agency has made adequate
22progress on the construction of a flood protection system which
23will result in flood protection equal to or greater than the urban
P3    1level of flood protection in urban or urbanizing areas or the national
2Federal Emergency Management Agency standard of flood
3protection in nonurbanized areas for property located within a
4flood hazard zone, intended to be protected by the system. For
5urban and urbanizing areas protected by project levees, the urban
6level of flood protection shall be achieved by 2025.

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7(4) The property in an undetermined risk area has met the urban
8level of flood protection based on substantial evidence in the
9record.

end insert

10(b) The effective date of amendments referred to in this section
11shall be the date upon which the statutes of limitation specified in
12subdivision (c) of Section 65009 have run or, if the amendments
13and any associated environmental documents are challenged in
14court, the validity of the amendments and any associated
15environmental documents has been upheld in a final decision.

16(c) This section does not change or diminish existing
17requirements of local flood plain management laws, ordinances,
18resolutions, or regulations necessary to local agency participation
19in the national flood insurance program.

20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 66474.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

66474.5.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, after
23the amendments required by Sections 65302.9 and 65860.1 have
24become effective, the legislative body of each city and county
25within the Sacramento-San Joaquin Valley shall deny approval of
26a tentative map, or a parcel map for which a tentative map was not
27required, for a subdivision that is located within a flood hazard
28zone unless the city or county finds, based on substantial evidence
29in the record, one of the following:

30(1) The facilities of the State Plan of Flood Control or other
31flood management facilities protect the subdivision to the urban
32level of flood protection in urban and urbanizing areas or the
33national Federal Emergency Management Agency standard of
34flood protection in nonurbanized areas.

35(2) The city or county has imposed conditions on the subdivision
36that will protect the project to the urban level of flood protection
37in urban and urbanizing areas or the national Federal Emergency
38Management Agency standard of flood protection in nonurbanized
39areas.

P4    1(3) The local flood management agency has made adequate
2progress on the construction of a flood protection system which
3will result in flood protection equal to or greater than the urban
4level of flood protection in urban or urbanizing areas or the national
5Federal Emergency Management Agency standard of flood
6protection in nonurbanized areas for property located within a
7flood hazard zone, intended to be protected by the system. For
8urban and urbanizing areas protected by project levees, the urban
9level of flood protection shall be achieved by 2025.

begin insert

10(4) The property in an undetermined risk area has met the urban
11level of flood protection based on substantial evidence in the
12record.

end insert

13(b) The effective date of amendments referred to in this section
14shall be the date upon which the statutes of limitation specified in
15subdivision (c) of Section 65009 have run or, if the amendments
16and any associated environmental documents are challenged in
17court, the validity of the amendments and any associated
18environmental documents has been upheld in a final decision.

19(c) This section does not change or diminish existing
20requirements of local flood plain management laws, ordinances,
21resolutions, or regulations necessary to local agency participation
22in the national flood insurance program.

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23

SECTION 1.  

Section 85320 of the Water Code is amended to
24read:

25

85320.  

(a) The Bay Delta Conservation Plan (BDCP) shall be
26considered for inclusion in the Delta Plan in accordance with this
27chapter.

28(b) The BDCP shall not be incorporated into the Delta Plan and
29the public benefits associated with the BDCP shall not be eligible
30for state funding, unless the BDCP does all of the following:

31(1) Complies with Chapter 10 (commencing with Section 2800)
32of Division 3 of the Fish and Game Code.

33(2) Complies with Division 13 (commencing with Section
3421000) of the Public Resources Code, including a comprehensive
35review and analysis of all of the following:

36(A) A reasonable range of flow criteria, rates of diversion, and
37other operational criteria required to satisfy the criteria for approval
38of a natural community conservation plan as provided in
39subdivision (a) of Section 2820 of the Fish and Game Code, and
40other operational requirements and flows necessary for recovering
P5    1the Delta ecosystem and restoring fisheries under a reasonable
2range of hydrologic conditions, which will identify the remaining
3water available for export and other beneficial uses.

4(B) A reasonable range of Delta conveyance alternatives,
5including through-Delta, dual conveyance, and isolated conveyance
6alternatives and including further capacity and design options of
7a lined canal, an unlined canal, and pipelines.

8(C) The potential effects of climate change, possible sea level
9rise up to 55 inches, and possible changes in total precipitation
10and runoff patterns on the conveyance alternatives and habitat
11restoration activities considered in the environmental impact report.

12(D) The potential effects on migratory fish and aquatic resources.

13(E) The potential effects on Sacramento River and San Joaquin
14River flood management.

15(F) The resilience and recovery of Delta conveyance alternatives
16in the event of catastrophic loss caused by earthquake or flood or
17other natural disaster.

18(G) The potential effects of each Delta conveyance alternative
19on Delta water quality.

20(c) The department shall consult with the council and the Delta
21Independent Science Board during the development of the BDCP.
22The council shall be a responsible agency in the development of
23the environmental impact report. The Delta Independent Science
24Board shall review the draft environmental impact report and shall
25submit its comments to the council and the Department of Fish
26and Game.

27(d) If the Department of Fish and Game approves the BDCP as
28a natural community conservation plan pursuant to Chapter 10
29(commencing with Section 2800) of Division 3 of the Fish and
30Game Code, the council shall have at least one public hearing
31concerning the incorporation of the BDCP into the Delta Plan.

32(e) If the Department of Fish and Game approves the BDCP as
33a natural community conservation plan pursuant to Chapter 10
34(commencing with Section 2800) of Division 3 of the Fish and
35Game Code and determines that the BDCP meets the requirements
36of this section, and the BDCP has been approved as a habitat
37conservation plan pursuant to the federal Endangered Species Act
38(16 U.S.C. Section 1531 et seq.), the council shall incorporate the
39BDCP into the Delta Plan. The Department of Fish and Game’s
P6    1determination that the BDCP has met the requirements of this
2section may be appealed to the council.

3(f) The department, in coordination with the Department of Fish
4and Game, or any successor agencies charged with BDCP
5implementation, shall report to the council on the implementation
6of the BDCP at least once a year, including the status of monitoring
7programs and adaptive management.

8(g) The council may make recommendations to BDCP
9implementing agencies regarding the implementation of the BDCP.
10BDCP implementing agencies shall consult with the council on
11these recommendations. These recommendations shall not change
12the terms and conditions of the permits issued by state and federal
13regulatory agencies.

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