California Legislature—2015–16 Regular Session

Assembly BillNo. 2104

Introduced by Assembly Member Dababneh

February 17, 2016

An act to amend Section 65007 of the Government Code, relating to land use.


AB 2104, as introduced, Dababneh. Planning and Zoning Law.

The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a land use element that designates the proposed general distribution and general location and extent of the uses of the land for various purposes and a conservation element that considers, among other things, the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands. The land use element is required to identify areas that are subject to flooding, and the conservation element may also cover, among other things, flood control.

This bill would make a nonsubstantive change to a provision of the Planning and Zoning Law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 65007 of the Government Code is
2amended to read:



As used in this title, the following terms have the
4following meanings, unless the context requires otherwise:

P2    1(a) “Adequate progress” means all of the following:

2(1) The total project scope, schedule, and cost of the completed
3flood protection system have been developed to meet the
4appropriate standard of protection.

5(2) (A) Revenues that are sufficient to fund each year of the
6project schedule developed in paragraph (1) have been identified
7and, in any given year and consistent with that schedule, at least
890 percent of the revenues scheduled to be received by that year
9have been appropriated and are currently being expended.

10(B) Notwithstanding subparagraph (A), for any year in which
11state funding is not appropriated consistent with an agreement
12between a state agency and a local flood management agency, the
13Central Valley Flood Protection Board may find that the local
14flood management agency is making adequate progress in working
15toward the completion of the flood protection system.

16(3) Critical features of the flood protection system are under
17construction, and each critical feature is progressing as indicated
18by the actual expenditure of the construction budget funds.

19(4) The city or county has not been responsible for a significant
20delay in the completion of the system.

21(5) The local flood management agency shall provide the
22Department of Water Resources and the Central Valley Flood
23Protection Board with the information specified in this subdivision
24sufficient to determine substantial completion of the required flood
25protection. The local flood management agency shall annually
26report to the Central Valley Flood Protection Board on the efforts
27in working toward completion of the flood protection system.

28(b) “Central Valley Flood Protection Plan” has the same
29meaning as that set forth in Section 9612 of the Water Code.

30(c) “Developed area” has the same meaning as that set forth in
31Section 59.1 of Title 44 of the Code of Federal Regulations.

32(d) “Flood hazard zone” means an area subject to flooding that
33is delineated as either a special hazard area or an area of moderate
34hazard on an official flood insurance rate map issued by the Federal
35Emergency Management Agency. The identification of flood
36hazard zones does not imply that areas outside the flood hazard
37zones, or uses permitted within flood hazard zones, will be free
38from flooding or flood damage.

39(e) “National Federal Emergency Management Agency standard
40of flood protection” means the level of flood protection that is
P3    1necessary to withstand flooding that has a 1-in-100 chance of
2occurring in any given year using criteria developed by the Federal
3Emergency Management Agency for application in the National
4Flood Insurance Program.

5(f) “Nonurbanized area” means a developed area or an area
6outside a developed area in which there are fewer than 10,000
7residents that is not an urbanizing area.

8(g) “Project levee” meansbegin delete anyend deletebegin insert aend insert levee that is part of the facilities
9of the State Plan of Flood Control.

10(h) “Sacramento-San Joaquin Valley” means lands in the bed
11or along or near the banks of the Sacramento River or San Joaquin
12River, or their tributaries or connected therewith, or upon any land
13adjacent thereto, or within the overflow basins thereof, or upon
14land susceptible to overflow therefrom. The Sacramento-San
15Joaquin Valley does not include lands lying within the Tulare Lake
16basin, including the Kings River.

17(i) “State Plan of Flood Control” has the same meaning as that
18set forth in subdivision (j) of Section 5096.805 of the Public
19Resources Code.

20(j) “Tulare Lake basin” means the Tulare Lake Hydrologic
21Region as defined in the California Water Plan Update 2009,
22prepared by the Department of Water Resources pursuant to
23Chapter 1 (commencing with Section 10004) of Part 1.5 of Division
246 of the Water Code.

25(k) “Undetermined risk area” means an urban or urbanizing area
26within a moderate flood hazard zone, as delineated on an official
27flood insurance rate map issued by the Federal Emergency
28Management Agency, which has not been determined to have an
29urban level of protection.

30(l) “Urban area” means a developed area in which there are
3110,000 residents or more.

32(m) “Urbanizing area” means a developed area or an area outside
33 a developed area that is planned or anticipated to have 10,000
34residents or more within the next 10 years.

35(n) “Urban level of flood protection” means the level of
36protection that is necessary to withstand flooding that has a
371-in-200 chance of occurring in any given year using criteria
38consistent with, or developed by, the Department of Water
39Resources. “Urban level of flood protection” shall not mean
40shallow flooding or flooding from local drainage that meets the
P4    1criteria of the national Federal Emergency Management Agency
2standard of flood protection.