BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1259|
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THIRD READING
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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AB 1259
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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 8/16/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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