BILL ANALYSIS Ó AB 1259 Page 1 Date of Hearing: April 24, 2013 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT K.H. "Katcho" Achadjian, Chair AB 1259 (Olsen) - As Amended: March 21, 2013 SUBJECT : Sacramento-San Joaquin Valley. SUMMARY : Enacts conforming changes as a follow-up to SB 1278 (Wolk, 2012) and AB 1965 (Pan, 2012), which revised the flood hazard planning and development requirements for cities and counties located in the Sacramento-San Joaquin Valley. Specifically, this bill makes the following conforming changes: 1)Adds, to the section of law dealing with discretionary and ministerial permits, the provision that allows the city or county to approve a development agreement if a finding can be made, based on substantial evidence in the record, that the property in an undetermined risk area has met the urban level of flood protection. 2)Adds, to the section of law dealing with tentative maps, the provision that allows the city or county to approve a development agreement if a finding can be made, based on substantial evidence in the record, that the property in an undetermined risk area has met the urban level of flood protection. EXISTING LAW : 1)Requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan by requiring each city and county within the Sacramento-San Joaquin Valley, within 24 months of July 2, 2013, to amend its general plan to additionally contain both of the following: a) Revises the requirement to include the data and analysis contained in the Central Valley Flood Protection Plan, including, but not limited to, the locations of the facilities of the State Plan of Flood Control and the locations of the real property protected by those facilities, pursuant to existing law; and, b) Adds in a new requirement to include the locations of flood hazard zones, including, but not limited to, AB 1259 Page 2 locations mapped by the FEMA Flood Insurance Rate Map or the Flood Hazard Boundary Map, locations that participate in the National Flood Insurance Program, locations of undetermined risk areas, and locations mapped by a local flood agency or flood district. 1)Prohibits a legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone, unless the city or county finds, based on substantial evidence in the record, that the property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record. 2)Requires, on or before July 2, 2013, and for the purpose of providing information to cities and counties necessary for their determinations relating to level of flood protection, the Department of Water Resources (DWR) to release floodplain maps that identify at a minimum the facilities of the State Plan of Flood Control and the available data as to the water surface elevation of flooding in urban areas in the event of the failure of the facilities of the State Plan of Flood Control during flooding that has a 1-in-200 chance of occurring in any given year. 3)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. FISCAL EFFECT : Unknown COMMENTS : 1)According to the author, a coalition of local governments, including the California State Association of Counties, the League of California Cities, planners, along with individual cities and counties in the Central Valley watershed area joined together to address certain needed changes to the AB 5/SB 5 flood bill package approved in 2007. SB 1278 (Wolk), Chapter 553, Statutes of 2012 and AB 1965 (Pan), Chapter 554, Statutes of 2012, made critical changes to that process which helped local agencies and their ability to comply with the intent and purpose of the law. AB 1259 Page 3 This bill is needed because inadvertently several sections were left out of SB 1278 and AB 1965. This bill makes conforming changes in order to correct the inadvertent omissions. This bill is sponsored by the San Joaquin County Board of Supervisors. 2)Support arguments : This bill makes important conforming changes. Opposition arguments : None on file 3)This bill was heard by the Water, Parks and Wildlife Committee on April 16, 2013, where it passed with a 15-0 vote on the consent calendar. REGISTERED SUPPORT / OPPOSITION : Support California Association of Realtors Rural County Representatives of California San Joaquin County Board of Supervisors Opposition None on file Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958