BILL NUMBER: AB 1259	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to amend  Section 85320 of the Water  
Sections 65962 and 66474.5 of the Government  Code, relating to
 water resources.   flood management. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1259, as amended, Olsen. Sacramento-San Joaquin  Delta:
Delta Plan: Bay Delta Conservation Plan.   Valley.
 
   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. 

   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.  
   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.  
   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.  
   This bill would make a technical, nonsubstantive change in this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65962 of the  
Government Code   is amended to read: 
   65962.  (a) Notwithstanding any other  provision of
 law, after the amendments required by Sections 65302.9 and
65860.1 have become effective, each city and county within the
Sacramento-San Joaquin Valley shall not approve a discretionary
permit or other discretionary entitlement, or a ministerial permit
that would result in the construction of a new residence, for a
project that is located within a flood hazard zone unless the city or
county finds, based on substantial evidence in the record, one of
the following:
   (1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level of
flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
   (2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
   (3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025. 
   (4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record. 
   (b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
   (c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
   SEC. 2.    Section 66474.5 of the  
Government Code   is amended to read: 
   66474.5.  (a) Notwithstanding any other  provision of
 law, after the amendments required by Sections 65302.9 and
65860.1 have become effective, the legislative body of each city and
county within the Sacramento-San Joaquin Valley shall deny approval
of a tentative map, or a parcel map for which a tentative map was not
required, for a subdivision that is located within a flood hazard
zone unless the city or county finds, based on substantial evidence
in the record, one of the following:
   (1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the subdivision to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.
   (2) The city or county has imposed conditions on the subdivision
that will protect the project to the urban level of flood protection
in urban and urbanizing areas or the national Federal Emergency
Management Agency standard of flood protection in nonurbanized areas.

   (3) The local flood management agency has made adequate progress
on the construction of a flood protection system which will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025. 
   (4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record. 
   (b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
   (c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program. 
  SECTION 1.    Section 85320 of the Water Code is
amended to read:
   85320.  (a) The Bay Delta Conservation Plan (BDCP) shall be
considered for inclusion in the Delta Plan in accordance with this
chapter.
   (b) The BDCP shall not be incorporated into the Delta Plan and the
public benefits associated with the BDCP shall not be eligible for
state funding, unless the BDCP does all of the following:
   (1) Complies with Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.
   (2) Complies with Division 13 (commencing with Section 21000) of
the Public Resources Code, including a comprehensive review and
analysis of all of the following:
   (A) A reasonable range of flow criteria, rates of diversion, and
other operational criteria required to satisfy the criteria for
approval of a natural community conservation plan as provided in
subdivision (a) of Section 2820 of the Fish and Game Code, and other
operational requirements and flows necessary for recovering the Delta
ecosystem and restoring fisheries under a reasonable range of
hydrologic conditions, which will identify the remaining water
available for export and other beneficial uses.
   (B) A reasonable range of Delta conveyance alternatives, including
through-Delta, dual conveyance, and isolated conveyance alternatives
and including further capacity and design options of a lined canal,
an unlined canal, and pipelines.
   (C) The potential effects of climate change, possible sea level
rise up to 55 inches, and possible changes in total precipitation and
runoff patterns on the conveyance alternatives and habitat
restoration activities considered in the environmental impact report.

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

   (E) The potential effects on Sacramento River and San Joaquin
River flood management.
   (F) The resilience and recovery of Delta conveyance alternatives
in the event of catastrophic loss caused by earthquake or flood or
other natural disaster.
   (G) The potential effects of each Delta conveyance alternative on
Delta water quality.
   (c) The department shall consult with the council and the Delta
Independent Science Board during the development of the BDCP. The
council shall be a responsible agency in the development of the
environmental impact report. The Delta Independent Science Board
shall review the draft environmental impact report and shall submit
its comments to the council and the Department of Fish and Game.
   (d) If the Department of Fish and Game approves the BDCP as a
natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code, the council shall have at least one public hearing concerning
the incorporation of the BDCP into the Delta Plan.
   (e) If the Department of Fish and Game approves the BDCP as a
natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code and determines that the BDCP meets the requirements of this
section, and the BDCP has been approved as a habitat conservation
plan pursuant to the federal Endangered Species Act (16 U.S.C.
Section 1531 et seq.), the council shall incorporate the BDCP into
the Delta Plan. The Department of Fish and Game's determination that
the BDCP has met the requirements of this section may be appealed to
the council.
   (f) The department, in coordination with the Department of Fish
and Game, or any successor agencies charged with BDCP implementation,
shall report to the council on the implementation of the BDCP at
least once a year, including the status of monitoring programs and
adaptive management.
   (g) The council may make recommendations to BDCP implementing
agencies regarding the implementation of the BDCP. BDCP implementing
agencies shall consult with the council on these recommendations.
These recommendations shall not change the terms and conditions of
the permits issued by state and federal regulatory agencies.