BILL ANALYSIS Ó
AB 1259
Page 1
Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 1259 (Olsen) - As Amended: March 21, 2013
SUBJECT : Flood protection: permit approval
SUMMARY : Allows a city or county in an urban or urbanizing area
of the Sacramento-San Joaquin Valley (Central Valley), where
there is a moderate flooding hazard and the Federal Emergency
Management Agency (FEMA) has not yet conducted a risk analysis,
to approve a permit or entitlement to build a new residence or a
tentative map to build a new subdivision, if there is
substantial evidence in the record to show that the property
would receive an urban level of flood protection.
EXISTING LAW :
1)Defines an "undetermined risk area" to mean an urban or
urbanizing area within a moderate flood hazard zone, as
delineated on an official flood insurance rate map issued by
FEMA, which has not been determined to have an urban level of
protection.
2)Prohibits a city or county in the Central Valley from entering
into a development agreement to build new residences for
property that is located within a flood hazard zone unless,
based on substantial evidence in the record, one of the four
following findings is made:
a) Existing flood protection facilities will protect the
project to an urban level of flood protection;
b) The city or county has imposed conditions on the
development agreement that will protect the project to an
urban level of flood protection;
c) The local flood management agency has made adequate
progress on the construction of a system which will result
in flood protection equal or greater than the urban level
of flood protection; or,
d) The property in an undetermined risk area has met the
urban level of flood protection based on substantial
evidence in the record.
3)Prohibits a city or county within the Central Valley from
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making any discretionary decision to approve a permit or
entitlement to build a new residence, or a tentative map to
build a new subdivision, if the project is located within a
flood hazard zone unless, based on substantial evidence in the
record, one of the three following findings is made:
a) Existing flood protection facilities will protect the
project to an urban level of flood protection;
b) The city or county has imposed conditions on the permit
or entitlement for the project, including a tentative map,
that will protect the project to an urban level of flood
protection; or,
c) The local flood management agency has made adequate
progress on the construction of a system which will result
in flood protection for the project equal or greater than
the urban level of flood protection.
FISCAL EFFECT : Nonfiscal
COMMENTS : In 2007, former 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 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.
SB 1278 (Wolk), Chapter 553, Statutes of 2012, modified the
flood hazard planning and development requirements for those
cities and counties located in the Central Valley. SB 1278
defined, among other terms, "undetermined risk area" and "urban
level of flood protection," and specified that an undetermined
risk area is one presumed to be at risk during a "200 year"
flood event (i.e. one that has a 1-in-200 chance of occurring in
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any given year) unless deemed otherwise by the State Plan of
Flood Control, an official National Flood Insurance Program rate
map issued by FEMA, or a finding made by a city or county based
on a determination of substantial evidence by a local flood
agency.
SB 1278 also included, among its provisions, a new exception to
the provision prohibiting a city or county within the Central
Valley from entering into a development agreement for property
that is located within a flood hazard zone. The new provision
allowed the city or county to approve the development agreement
if a finding could be made, based on substantial evidence in the
record, that the property in an undetermined risk area had met
the urban level of flood protection.
Supporting arguments : The author states that this bill will
bring clarity and consistency to local governments working to
comply with permitting requirements in an undetermined risk area
of a flood hazard zone by making the requirements that already
apply to the approval of development agreements also apply to
permits and tentative maps.
REGISTERED SUPPORT / OPPOSITION :
Support
San Joaquin County Board of Supervisors
Opposition
None on file.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096