BILL ANALYSIS                                                                                                                                                                                                    Ó





          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 747                           |Hearing    |7/8/15   |
          |          |                                 |Date:      |         |
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          |Author:   |Eggman                           |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/25/15                          |Fiscal:    |No       |
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          |Consultant|Favorini-Csorba                                       |
          |:         |                                                      |
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                 PLANNING AND LAND USE: SACRAMENTO-SAN JOAQUIN VALLEY



          Prohibits a city or county in the Sacramento-San Joaquin Valley  
          from approving a discretionary permit that would result in  
          certain types of construction without making findings related to  
          flood protection.


           Background and Existing Law

           The Planning and Zoning Law requires every county and city to  
          adopt a general plan that sets out planned uses for all of the  
          area covered by the plan.  Cities' and counties' major land use  
          decisions-including development permitting-must be consistent  
          with their general plans.  In this way, the general plan is a  
          blueprint for future development.  

          In 2007, the Governor signed a package of five bills designed to  
          increase protection from damaging flood waters.  Those bills  
          included requirements for local governments in the  
          Sacramento-San Joaquin Valley to improve local land use and  
          other planning decisions by strengthening the link between land  
          use and flood management.  One bill in the package, SB 5  
          (Machado, 2007), required the Department of Water Resources and  








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          the Central Valley Flood Protection Board to prepare and adopt a  
          Central Valley Flood Protection Plan by 2012, and established  
          certain flood protection requirements for certain local land-use  
          decisions consistent with the Central Valley Protection Plan.

          Under SB 5, each city and county within the Sacramento-San  
          Joaquin Valley was required to amend its general plan within two  
          years of the Central Valley Flood Protection Board's adopting  
          the Flood Plan.  A city or county within the Sacramento-San  
          Joaquin Valley must amend its zoning ordinance to make it  
          consistent with its general plan within 36 months of the Board's  
          adopting the Flood Plan.  Subsequent legislation required the  
          general plan to include identification of flood hazard zones and  
          areas of undetermined flood risk.

          Once a city or county completes the update to its general plan  
          and amendment to the zoning ordinance, the law states that a  
          city or county "within the Sacramento-San Joaquin Valley shall  
          not approve a discretionary permit or other discretionary  
          entitlement, or a ministerial permit that would result in the  
          construction of a new residence, for a project that is located  
          within a flood hazard zone" unless the city or county findings  
          that the project has the required level of flood protection for  
          its location.  There is some disagreement over the correct  
          interpretation of this provision.  The Department of Water  
          Resources considers this legislation to prohibit any  
          discretionary permit, while others argue that it only applies to  
          permits for new residences.

          Some local government officials want to clarify what permits can  
          be issued without making findings regarding flood protection.

           Proposed Law

           Assembly Bill 747 requires a city or county to make the  
          specified flood protection findings before approving "a  
          discretionary permit, or other discretionary entitlement to  
          those permits, or entitlements that would result in the  
          construction of a new building, or construction that would  
          result in an increase in allowed occupancy for an existing  
          building," as well as for ministerial permits that would result  
          in the construction of a new residence.

           State Revenue Impact








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           No estimate.


           Comments

           1.  Purpose of the bill  .  AB 747 resolves a long-running  
          disagreement over the interpretation of what projects may be  
          permitted without the city or county making findings about the  
          level of flood protection.  These findings can be costly to make  
          and may not always be possible without costly investments in  
          flood protection infrastructure.  As a result, the lack of  
          clarity in the current law has prevented some local governments  
          from permitting structures, such as cell phone towers, that  
          neither increase flood risk nor put additional lives in danger.   
          AB 747 provides certainty to those governments by clarifying  
          that the findings are only required for discretionary permits or  
          entitlements that result in construction of a new building or a  
          new residence, or construction that would allow an increase in  
          occupancy at an existing building.  This requirement preserves  
          SB 5's goal of reducing flood risk by promoting prudent land use  
          permitting, while also allowing necessary structures to be  
          constructed without the expense of making flood protection  
          findings.

          2.   Related legislation  .  AB 2108 (Eggman, 2014) would have made  
          a number of changes to the statutes relating to flood management  
          in the Sacramento-San Joaquin Valley, including a prohibition on  
          discretionary permits that allow a 50% increase in allowed  
          occupancy without the required flood findings, as well as other  
          broader changes.  AB 2108 was never heard by a policy committee  
          in the Senate.  

          AB 125 (Eggman, 2014) was significantly amended in the Senate on  
          August 22, 2014, to include language that is substantially  
          similar to AB 747.  Amendments to AB 125 on August 30, 2014,  
          added in a new section relating to the Department of Water  
          Resources and the Urban Flood Risk Reduction Program.  That bill  
          passed the Senate, but died on the Assembly Unfinished Business  
          File.

          3.  Incoming!   The Senate Natural Resources and Water Committee  
          approved AB 747 by a vote of 9-0 on June 23, 2015. 

          4.  Special legislation  .  The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  







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          §16).  AB 747 contains findings and declarations explaining the  
          need for legislation that applies only to the Sacramento-San  
          Joaquin Valley.


           Assembly Actions

           Assembly Local Government Committee:                9-0
          Assembly Floor:                                   78-0

           Support and  
          Opposition   (7/2/15)


           Support  :  County of San Joaquin; City of Stockton; California  
          State Association of Counties.

           Opposition  :  Unknown.



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