BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 1259|
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                                       CONSENT


          Bill No:  AB 1259
          Author:   Olsen (R)
          Amended:  3/21/13 in Assembly
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMMITTEE  :  9-0, 6/25/13
          AYES:  Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,  
            Monning, Wolk
           
          SENATE GOVERNANCE & FINANCE COMMITTEE  :  7-0, 7/3/13
          AYES:  Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
           
          ASSEMBLY FLOOR  :  75-0, 5/2/13 (Consent) - See last page for vote


           SUBJECT  :    Sacramento-San Joaquin Valley

           SOURCE :     San Joaquin County Board of Supervisors


           DIGEST  :    This bill enacts conforming changes as a follow-up to  
          SB 1278 (Wolk, Chapter 553, Statutes of 2012) and AB 1965 (Pan,  
          Chapter 554, Statutes of 2012), which revised the flood hazard  
          planning and development requirements for cities and counties  
          located in the Sacramento-San Joaquin Valley (Central Valley).

           ANALYSIS  :    

          Existing law:

          1. Requires each city and county within the Central Valley to  
             amend its general plan by requiring each city and county  
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             within the Central 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 (SPFC) 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,  
                locations mapped by the Federal Emergency Management  
                Agency (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. 

          2. Prohibits a legislative body of a city or county within the  
             Central 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. 

          3. 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 to release floodplain maps  
             that identify at a minimum the facilities of the SPFC 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 SPFC during flooding that has a 1-in-200 chance of  
             occurring in any given year. 

          4. 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.


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          This bill:

          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  7/8/13)

          San Joaquin County Board of Supervisors (source)
          California Association of Realtors
          California State Association of Counties
          City of Sacramento
          Rural County Representatives of California

           ARGUMENTS IN SUPPORT  :    According to the author's office, 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), and AB 1965 (Pan) made critical changes  
          to that process which helped local agencies and their ability to  
          comply with the intent and purpose of the law.  This bill is  
          needed because inadvertently several sections were left out of  
          SB 1278 and AB 1965.

           ASSEMBLY FLOOR  :  75-0, 5/2/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  

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            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Grove, Hagman, Harkey, Roger Hernández, Holden,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,  
            Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,  
            V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,  
            Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Atkins, Hall, Jones, Williams, Vacancy

          RM:k  7/8/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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