BILL ANALYSIS �
AB 1259
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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
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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
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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