BILL ANALYSIS �
SB 1278
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1278 (Wolk) - As Amended: June 12, 2012
SENATE VOTE : 38-0 ASSEMBLY LOCAL GOVERNMENT : 9-0
SUBJECT : Flood protection: Sacramento-San Joaquin Valley
SUMMARY : Requires the Department of Water Resources (DWR) to
issue flood maps and for local governments to update their
general plans and determine whether areas have met urban levels
of flood protection before they can be developed.
Specifically, this bill : Requires DWR to:
1)Requires DWR to issue maps indicating the areas protected by
the State Plan of Flood Control by July 2, 2013 and specifies
that within 24 months of this deadline (i.e. July 2, 2015)
local governments will need to update their general plans to
reflect the Flood Plan.
2)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 (Flood Plan); and,
3)Extends existing deadlines for the general plan updates.
4)Defines an "undefined risk area" as an urban or urbanizing
area within a moderate flood hazard zone, as delineated by
Federal Emergency Management Agency (FEMA) maps, which has not
been determined to have an urban level of flood protection.
5)Requires a local government to determine, based on substantial
evidence, that property in an undetermined risk area has met
the urban level of flood protection before it may be
developed.
EXISTING LAW:
1)Requires each city and county within the Sacramento-San
Joaquin Valley to amend its general plan, as specified, within
24 months of the adoption of the Flood Plan by the Central
SB 1278
Page 2
Valley Flood Protection Board. Existing law requires the
Central Valley Flood Protection Board, the DWR, and local
flood agencies to collaborate with cities or counties by
providing the cities and counties with information and other
technical assistance to assist with complying with these
requirements.
2)Prohibits a city or county within the Sacramento-San Joaquin
Valley from entering into a development agreement for property
that is located in a flood hazard zone unless the city or
county makes specified findings, including, among others, that
certain conditions have been imposed by the city or county
that adequate flood protection is or will be provided.
3)Requires the DWR to develop preliminary maps for the 100- and
200-year flood plains protected by project levees, as
specified, and to provide the preliminary maps to cities and
counties within the Sacramento-San Joaquin Valley.
4)Specifies that DWR shall provide financial assistance for the
purpose of mapping flood protection of nonproject levees, not
all flood-related general plan update costs.
FISCAL EFFECT : According to the Senate Appropriations
Committee staff analysis:
1) 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; and,
2) 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 Flood Plan.
COMMENTS :
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, Statutes of 2007
that requires the Central Valley Flood Protection Board to adopt
the Flood Plan, an integrated flood management plan for the
SB 1278
Page 3
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 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.
According to the author, "Cities and counties within the Central
Valley currently do not have access to reliable information on
flood risks to their communities. SB 1278 helps ensure that
these communities are able to work with the state to develop the
flood risk information necessary to make informed and
responsible land use decisions."
REGISTERED SUPPORT / OPPOSITION :
Support
City of Sacramento County of Sacramento
Opposition
None on file.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096