BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 125|
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THIRD READING
Bill No: AB 125
Author: Eggman (D)
Amended: 8/30/14 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SUBJECT : Planning and land use: Sacramento-San Joaquin
Valley
SOURCE : City of Stockton
County of San Joaquin
DIGEST : This bill revises flood hazard planning and
development requirements for communities in the Sacramento-San
Joaquin Valley to allow cities and communities within the area
to issue permits for construction that does not result in an
increase in allowable occupancy.
Senate Floor Amendments of 8/22/14 delete the Assembly version
of this bill regarding state teacher retirement and instead add
the current language.
ANALYSIS : 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 will 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.
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This bill:
1.Prohibits a city or county within the Sacramento-San Joaquin
Valley from approving a discretionary permit or entitlement
that will result in the construction of a new building or
construction that will 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 specified criteria.
2.Allows the Department of Water Resources may provide
reimbursement to funding recipients that execute a funding
agreement under the Urban Flood Risk Reduction Program for any
expenditure incurred after July 1, 2014 and before execution
of the funding agreement without regard to whether the
expenditures to be reimbursed were incurred prior to execution
of the funding agreement.
3.Make legislative findings and declarations as to the necessity
of a special statute for the Sacramento-San Joaquin Valley.
Background
In 2007, the Governor signed a package of five bills intended to
increase protection from damaging flood waters. Included in
those bills, were a number of 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.
Included in the package of bills was SB 5 (Machado, Chapter 364,
Statutes of 2007) that requires cities and counties to amend
their general plans to incorporate data from the Central Valley
Flood Protection Board Flood Plan and then to update their
zoning ordinances to be consistent with the revised general
plan. Additionally, the law requires that once the general plan
and zoning ordinances have been updated, the local government is
prohibited, starting in 2016, from allowing development on
property within a flood hazard zone unless the property is
determined to have 200-year flood protection.
The law also captures permits for construction and remodel that
does not result in an increase in allowed occupancy, which may
include the construction of cell towers, the reconstruction of
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structurally unsound buildings/rooms, and other permit-required
work.
Comments
The California Legislature has appropriated approximately $150
million for the future Urban Flood Risk Reduction program
(Budget Line #3860-001-6052), funds that will be used to support
flood protection projects protecting cities in the Central
Valley. Unfortunately, various issues have significantly
delayed the Department of Water Resources (DWR) ability to put
the guidelines in place to allow execution of funding
agreements. This delay will soon result in projects already in
construction grinding to a halt, because the draft Urban Flood
Risk Reduction guidelines provide that DWR cannot reimburse
local agencies for construction performed prior to the execution
of a funding agreement. This legislation will provide that DWR
will reimburse agencies for expenditures that are otherwise
eligible for funding, allowing construction to continue.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/29/14)
City of Stockton (co-source)
County of San Joaquin (co-source)
California Building and Construction Trades Council
California Central Valley Flood Control Association
County of San Joaquin
Operating Engineers No. 3
ARGUMENTS IN SUPPORT : The supporters argue that this measure
will expedite levee repairs and improve flood protection in the
central valley flood plain and will ensure specified flood
agencies may seek reimbursement from DWR for flood related costs
where they have incurred those costs in advance of adoption of
DWR guidelines. However, the discretion of DWR to pay those
claims is preserved.
RM:d:nl 8/30/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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