AB 125,
as amended, Eggman. begin deletePlanning and land use: Sacramento-San Joaquin Valley. end deletebegin insertWater: floods.end insert
Existing law prohibits a city or county within the Sacramento-San Joaquin Valley from approving 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 finds, based on substantial evidence in the record, that certain criteria is met.
This bill would prohibit a city or county within the Sacramento-San Joaquin Valley from approving a discretionary permit or entitlement 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 for a project that is located within a flood hazard zone unless the city or county finds that the construction meets the criteria referenced above.
begin insertExisting law authorizes the Department of Water Resources to administer funding, from various sources, for flood risk reduction projects.
end insertbegin insertThis bill would authorize the Department of Water Resources to provide reimbursement to funding recipients that execute a funding agreement under the Urban Flood Risk Reduction Projects program for expenditures associated with continued funding of a project initiated under the Early Implementation Project program and incurred after July 1, 2014, and before the execution of the funding agreement, but no later than July 1, 2015.
end insertThis bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 65962 of the Government Code is
2amended to read:
(a) Notwithstanding any other law, after the
4amendments required by Sections 65302.9 and 65860.1 have
5become effective, each city and county within the Sacramento-San
6Joaquin Valley shall not approve a discretionary permit or other
7discretionary entitlement that would result in the construction of
8a new building or construction that would result in an increase in
9allowed occupancy for an existing building, or a ministerial permit
10that would result in the construction of a new residence, for a
11project that is located within a flood hazard zone unless the city
12or county finds, based on substantial evidence in the record, one
13of the following:
14(1) The facilities of the State Plan of Flood
Control or other
15flood management facilities protect the project to the urban level
16of flood protection in urban and urbanizing areas or the national
17Federal Emergency Management Agency standard of flood
18protection in nonurbanized areas.
P3 1(2) The city or county has imposed conditions on the permit or
2discretionary entitlement that will protect the project to the urban
3level of flood protection in urban and urbanizing areas or the
4national Federal Emergency Management Agency standard of
5flood protection in nonurbanized areas.
6(3) The local flood management agency has made adequate
7progress on the construction of a flood protection system which
8will result in flood protection equal to or greater than the urban
9level of flood protection in urban or urbanizing areas or the national
10Federal
Emergency Management Agency standard of flood
11protection in nonurbanized areas for property located within a
12flood hazard zone, intended to be protected by the system. For
13urban and urbanizing areas protected by project levees, the urban
14level of flood protection shall be achieved by 2025.
15(4) The property in an undetermined risk area has met the urban
16level of flood protection based on substantial evidence in the
17record.
18(b) The effective date of amendments referred to in this section
19shall be the date upon which the statutes of limitation specified in
20subdivision (c) of Section 65009 have run or, if the amendments
21and any associated environmental documents are challenged in
22court, the validity of the amendments and any associated
23environmental documents has been upheld in a
final decision.
24(c) This section does not change or diminish existing
25requirements of local flood plain management laws, ordinances,
26resolutions, or regulations necessary to local agency participation
27in the national flood insurance program.
begin insertNotwithstanding any other provision of law, the
29Department of Water Resources may provide reimbursement to
30funding recipients that execute a funding agreement under the
31Urban Flood Risk Reduction Projects program for any expenditure
32associated with continued funding of a project initiated under the
33Early Implementation Project program and incurred after July 1,
342014, and before execution of the funding agreement, but no later
35than July 1, 2015.end insert
The Legislature finds and declaresbegin delete thatend deletebegin insert that, with
38respect to Section 1 of this act,end insert a special law is necessary and that
39a general law cannot be made applicable within the meaning of
40Section 16 of Article IV of the California Constitution because of
P4 1the unique land use planning considerations relative to flood hazard
2zones in the Sacramento-San
Joaquin Valley.
This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:
8In order to proceed with the reconstruction or remodel of
9buildings in downtown Stockton that are a publicbegin delete hazard,end deletebegin insert
hazard
10and provide for early reimbursement for funding recipients to
11expedite urban flood risk reduction projects,end insert it is necessary that
12the bill take effect immediately.
O
96