BILL NUMBER: SB 920 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Galgiani and Cannella
(Principal coauthors: Assembly Members Eggman and Olsen)
JANUARY 28, 2014
An act to amend Section 65007 of the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 920, as introduced, Galgiani. Planning and zoning: flood
protection.
The Planning and Zoning Law prohibits the legislative body of a
city or county within the Sacramento-San Joaquin Valley, after
specified general plan amendments have been made, and corresponding
zoning ordinances adopted, from taking specified actions regarding
property located within a flood hazard zone unless the city or county
makes specified findings including, among other requirements, that
the local flood management agency has made adequate progress on the
construction of a flood protection system that will result in a
specified level of flood protection in urban or urbanizing areas or
the national Federal Emergency Management Agency standard of flood
protection in nonurbanized areas, as specified. That law defines
adequate progress as meaning that, among other conditions being met,
the total project scope, schedule, and cost of the completed flood
protection system have been developed to meet the appropriate
standard of protection and critical features of the flood protection
system are under construction.
This bill would revise the definition of adequate progress to
include the critical features of the flood protection system being
planned and designed or under construction and the completion of a
levee safety plan for those flood protection systems that are a part
of the State Plan of Flood Control.
This bill would also require a local flood management agency's
annual report to the Central Valley Flood Protection Board on the
efforts in working toward completion of the flood protection system
to describe the agency's compliance with specified conditions. By
increasing the duties of local officials, this bill would create a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65007 of the Government Code is amended to
read:
65007. As used in this title, the following terms have the
following meanings, unless the context requires otherwise:
(a) "Adequate progress" means all of the following:
(1) The total project scope, schedule, and cost of the completed
flood protection system have been developed to meet the appropriate
standard of protection.
(2) (A) Revenues that are sufficient to fund each year of the
project schedule developed in paragraph (1) have been identified and,
in any given year and consistent with that schedule, at least 90
percent of the revenues scheduled to be received by that year have
been appropriated and are currently being expended.
(B) Notwithstanding subparagraph (A), for any year in which state
funding is not appropriated consistent with an agreement between a
state agency and a local flood management agency, the Central Valley
Flood Protection Board may find that the local flood management
agency is making adequate progress in working toward the completion
of the flood protection system.
(3) Critical features of the flood protection system are
either being planned and designed or are under construction,
and each critical feature is progressing as indicated by the actual
expenditure of the construction budget funds.
(4) The city or county has not been responsible for a significant
delay in the completion of the system.
(5) A levee safety plan has been
completed pursuant to Section 9650 of the Water Code for any portion
of the flood protection system that is part of the State Plan of
Flood Control.
(5)
( 6) The local flood management agency shall
provide the Department of Water Resources and the Central Valley
Flood Protection Board with the information specified in this
subdivision sufficient to determine substantial completion of the
required flood protection. The local flood management agency shall
annually report to the Central Valley Flood Protection Board on the
efforts in working toward completion of the flood protection system.
This report shall describe the agency's compliance with
paragraphs (1) to (5), inclusive.
(b) "Central Valley Flood Protection Plan" has the same meaning as
that set forth in Section 9612 of the Water Code.
(c) "Developed area" has the same meaning as that set forth in
Section 59.1 of Title 44 of the Code of Federal Regulations.
(d) "Flood hazard zone" means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency. The identification of flood hazard zones
does not imply that areas outside the flood hazard zones, or uses
permitted within flood hazard zones, will be free from flooding or
flood damage.
(e) "National Federal Emergency Management Agency standard of
flood protection" means the level of flood protection that is
necessary to withstand flooding that has a 1-in-100 chance of
occurring in any given year using criteria developed by the Federal
Emergency Management Agency for application in the National Flood
Insurance Program.
(f) "Nonurbanized area" means a developed area or an area outside
a developed area in which there are fewer than 10,000 residents that
is not an urbanizing area.
(g) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
(h) "Sacramento-San Joaquin Valley" means lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or their tributaries or connected therewith, or upon any land
adjacent thereto, or within the overflow basins thereof, or upon land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands lying within the Tulare Lake basin, including
the Kings River.
(i) "State Plan of Flood Control" has the same meaning as that set
forth in subdivision (j) of Section 5096.805 of the Public Resources
Code.
(j) "Tulare Lake basin" means the Tulare Lake Hydrologic Region as
defined in the California Water Plan Update 2009, prepared by the
Department of Water Resources pursuant to Chapter 1 (commencing with
Section 10004) of Part 1.5 of Division 6 of the Water Code.
(k) "Undetermined risk area" means an urban or urbanizing area
within a moderate flood hazard zone, as delineated on an official
flood insurance rate map issued by the Federal Emergency Management
Agency, which has not been determined to have an urban level of
protection.
(l) "Urban area" means a developed area in which there are 10,000
residents or more.
(m) "Urbanizing area" means a developed area or an area outside a
developed area that is planned or anticipated to have 10,000
residents or more within the next 10 years.
(n) "Urban level of flood protection" means the level of
protection that is necessary to withstand flooding that has a
1-in-200 chance of occurring in any given year using criteria
consistent with, or developed by, the Department of Water Resources.
"Urban level of flood protection" shall not mean shallow flooding or
flooding from local drainage that meets the criteria of the national
Federal Emergency Management Agency standard of flood protection.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.