BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1278 (Wolk) - Planning and zoning: flood protection:
Sacramento-San Joaquin Valley.
Amended: May 1, 2012 Policy Vote: NR&W 8-0, Gov&F 7-0
Urgency: No Mandate: No
Hearing Date: May 14, 2012 Consultant: Marie Liu
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 1278 would require the Department of Water
Resources (DWR) to release maps indicating areas protected by
the State Plan of Flood Control; offer financial assistance, to
the extent funds are available, to assist local governments in
updating their general plans to reflect the soon to be released
Central Valley Flood Protection Plan; and extends existing
deadlines for the general plan updates.
Fiscal Impact:
Minor and absorbable costs from Prop 84 or Prop 1E bonds
(General Fund) in 2012-13 for the development of maps
indicating areas protected by the State Plan of Flood
Control.
Unknown cost pressures likely in the millions of dollars,
beginning in 2013-14 through 2015-16, for financial
assistance to cities and counties to update their General
Plans pursuant to the Central Valley Flood Protection Plan.
Background: In 2007, Governor Schwarzenegger signed a six-bill
flood package with the general purposes of identifying the areas
of the state with the greatest flood risk and to reduce those
risks. Among the package was SB 5 (Machado) Chapter 364/2007
that required the Central Valley Flood Protection Board (board)
to adopt the Central Valley Flood Protection Plan (Flood Plan),
an integrated flood management plan for the Sacramento-San
Joaquin River Flood Management System, by July 1, 2012. Within
24 months of the adoption of the Flood Plan (i.e. no later than
July 1, 2014), cities and counties are required to amend their
general plans to incorporate data and analysis from the Flood
Plan. And within 12 months of amending its general plan (i.e. no
later than July 1, 2015), a city or county must also update
their zoning ordinances to be consistent with the revised
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general plan. Once the general plan and zoning ordinances have
been updated, the local government is prohibited from allowing
development on property within a flood hazard zone unless the
city or county makes certain determinations.
The State Plan of Flood Control is a document of existing state
and federal flood control works, protection systems, lands,
programs, plans, conditions, modes of operations, and
maintenance of the Sacramento River Flood Control Project,
Sacramento River, and the San Joaquin River watersheds.
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Proposed Law: This bill would require:
DWR to issue maps indicating the areas protected by the
State Plan of Flood Control by July 2, 2013. Within 24
months of this deadline (i.e. July 2, 2015), local
governments would need to update their general plans to
reflect the Flood Plan
DWR to provide financial assistance to cities and counties
for their general plan updates to the extent funding is
available for this purpose.
A local government to determine that property in an
undetermined risk area has met the urban level of flood
protection before it may be developed.
Staff Comments: This bill would require DWR to issue maps
indicating areas protected by the State Plan of Flood Control.
Existing statute already requires DWR to provide a description
of the population and property protected by facilities in the
State Plan of Flood Control. As this is the necessary
information to develop maps, this requirement has minor and
absorbable costs. This bill would set a deadline for this
requirement, which is consistent with DWR's current intentions.
DWR notes potential concerns that explicitly requiring DWR to
produce maps exposes DWR to liability if the maps prove to be
incorrect.
This bill would also require DWR to provide financial assistance
to cities and counties for their general plan updates, to the
extent funds are available. At least 35 cities and counties in
the San Joaquin Valley will need to update their general plans
when the Flood Plan is released. Given that general plan updates
can easily cost local governments the hundreds of thousands to
over a million dollars, the cost pressure of this provision is
unknown, but likely to be in the millions of dollars.
Recommended Amendments: Staff notes the need for technical
amendments: (1) GC Section 65302.9 requires DWR to issue maps
for areas protected by the State Plan of Flood Control by July
2, 1013. WC Section 9610 has this same requirement, but by July
1, 2013; and (2) Instead of saying within 24 months of July 2,
2013, it would be clearer to simply reference July 2, 2015.
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