Amended in Assembly May 13, 2014

Amended in Assembly April 9, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2108

Introduced by Assembly Member Eggman

February 20, 2014

An act to amend begin delete Section end delete begin insert Sections 65007, 65865.5, end insert 65962 begin insert , and 66474.5 end insert of begin insert , and to add Section 65007.1 to, end insert the Government Code, relating to flood management.

LEGISLATIVE COUNSEL’S DIGEST

AB 2108, as amended, Eggman. Sacramento-San Joaquin Valley: flood management.

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The Planning and Zoning Law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley, after specified general plan amendments have been made, and corresponding zoning ordinances adopted, from taking specified actions regarding property located within a flood hazard zone unless the city or county makes specified findings including, among other requirements, that the local flood management agency has made adequate progress on the construction of a flood protection system that will result in a specified level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas, as specified. That law defines adequate progress as meaning that, among other conditions being met, critical features of the flood protection system are under construction, and each critical feature is progressing as indicated by the actual expenditure of the construction budget funds.

end insert begin insert

This bill would instead require the city or county to make a finding that the local flood management agency is making adequate progress towards a flood protection system. This bill would authorize the Central Valley Flood Protection Board to determine, in its sole discretion, that preconstruction planning or design activities of a flood protection system by the local flood management agency are sufficient to constitute adequate progress. This bill would require this determination by the board to expire 18 months after it is made unless the flood protection system has progressed to construction or the local flood management agency submits a report to the board showing that adequate progress continues to be made. If the board determines that adequate progress is continuing, the bill would require this subsequent determination to expire 18 months after it is made. This bill would also revise the definition of adequate progress to include the critical features of the flood protection system being planned or designed and this determination by the board, if any, has not expired.

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Existing law prohibits a city and county within the Sacramento-San Joaquin Valley from approving a discretionary permit or other discretionary entitlement 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.

end insert begin insert

This bill would instead only prohibit a city or county from approving a discretionary permit or other discretionary entitlement for a building that would result in more than a 50% increase in allowed occupancy.

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Existing law requires each city and county within the Sacramento-San Joaquin Valley, within 24 months of July 2, 2013, to amend its general plan to include specified data, policies, and implementation measures. The city or county is also required, not more than 12 months after the amendment of its general plan, to amend its zoning ordinance to be consistent with the general plan, as amended.

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Existing law prohibits, after the general plan amendments and zoning ordinance amendments have become effective, each city and county within the Sacramento-San Joaquin Valley from approving specified permits that would result in specified construction located within a flood hazard zone unless the city or county makes specified findings, including, among others, that property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.

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This bill would eliminate the requirement that the city or county make the finding described above, and would, instead, require the city or county to make a finding that the project is located in a developed area, as defined.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 65007 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65007.  

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

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

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

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

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

(3) Critical features of the flood protection system are begin delete under end delete
begin insert either of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Under end insert construction, and each critical feature is progressing
as indicated by the actual expenditure of the construction budget
funds.

begin insert

(B) Being planned or designed and a determination of the
Central Valley Flood Protection Board, if any, pursuant to Section
65007.1, has not expired.

end insert

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

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

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

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

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

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

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

(g) “Project levee” means any levee that is part of the facilities
of the State Plan of Flood Control.

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

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

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

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

(l) “Urban area” means a developed area in which there are
10,000 residents or more.

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

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

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begin insert SEC. 2. end insert   

end insert

begin insert Section 65007.1 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 65007.1. end insert   

(a) The Central Valley Flood Protection Board may
determine, in its sole discretion, that preconstruction planning or
design activities of a flood protection system by the local flood
management agency are sufficient to constitute adequate progress.

(b) A determination by the Central Valley Flood Protection
Board pursuant to subdivision (a) shall expire 18 months after it
is made unless either of the following occurs:

(1) The flood protection system has progressed to construction.

(2) The local flood management agency submits a report to the
Central Valley Flood Protection Board, in the form and manner
prescribed by the board, showing that adequate progress continues
to be made. If the board determines, in its sole discretion, that
adequate progress is continuing, this subsequent determination
shall expire 18 months after it is made.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 65865.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65865.5.  

(a) Notwithstanding any other law, after the
amendments required by Sections 65302.9 and 65860.1 have
become effective, the legislative body of a city or county within
the Sacramento-San Joaquin Valley shall not enter into a
development agreement for property that is located within a flood
hazard zone unless the city or county finds, based on substantial
evidence in the record, one of the following:

(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the property to the urban level
of flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.

(2) The city or county has imposed conditions on the
development agreement that will protect the property to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of
flood protection in nonurbanized areas.

(3) The local flood management agency begin delete has made end delete begin insert is making end insert
adequate progress begin delete on the construction of end delete begin insert towards end insert a flood protection
system that will result in flood protection equal to or greater than
the urban level of flood protection in urban or urbanizing areas or
the national Federal Emergency Management Agency standard of
flood protection in nonurbanized areas for property located within
a flood hazard zone, intended to be protected by the system. For
urban and urbanizing areas protected by project levees, the urban
level of flood protection shall be achieved by 2025.

(4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.

(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments
and any associated environmental documents are challenged in
court, the validity of the amendments and any associated
environmental documents has been upheld in a final decision.

(c) This section does not change or diminish existing
requirements of local flood plain management laws, ordinances,
resolutions, or regulations necessary to local agency participation
in the national flood insurance program.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 65962 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65962.  

(a) Notwithstanding any other law, after the
amendments required by Sections 65302.9 and 65860.1 have
become effective, each city and county within the Sacramento-San
Joaquin Valley shall not approve a discretionary permit or other
discretionary entitlement begin insert for a building that would result in more
than a 50-percent increase in allowed occupancy end insert , 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,
one of the following:

(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level
of flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.

(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of
flood protection in nonurbanized areas.

(3) The local flood management agency begin delete has made end delete begin insert is making end insert
adequate progress begin delete on the construction of end delete begin insert towards end insert a flood protection
system which will result in flood protection equal to or greater
than the urban level of flood protection in urban or urbanizing
areas or the national Federal Emergency Management Agency
standard of flood protection in nonurbanized areas for property
located within a flood hazard zone, intended to be protected by
the system. For urban and urbanizing areas protected by project
levees, the urban level of flood protection shall be achieved by
2025.

(4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.

(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments
and any associated environmental documents are challenged in
court, the validity of the amendments and any associated
environmental documents has been upheld in a final decision.

(c) This section does not change or diminish existing
requirements of local flood plain management laws, ordinances,
resolutions, or regulations necessary to local agency participation
in the national flood insurance program.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 66474.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

66474.5.  

(a) Notwithstanding any other law, after the
amendments required by Sections 65302.9 and 65860.1 have
become effective, the legislative body of each city and county
within the Sacramento-San Joaquin Valley shall deny approval of
a tentative map, or a parcel map for which a tentative map was not
required, for a subdivision that is located within a flood hazard
zone unless the city or county finds, based on substantial evidence
in the record, one of the following:

(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the subdivision to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of
flood protection in nonurbanized areas.

(2) The city or county has imposed conditions on the subdivision
that will protect the project to the urban level of flood protection
in urban and urbanizing areas or the national Federal Emergency
Management Agency standard of flood protection in nonurbanized
areas.

(3) The local flood management agency begin delete has made end delete begin insert is making end insert
adequate progress begin delete on the construction of end delete begin insert towards end insert a flood protection
system which will result in flood protection equal to or greater
than the urban level of flood protection in urban or urbanizing
areas or the national Federal Emergency Management Agency
standard of flood protection in nonurbanized areas for property
located within a flood hazard zone, intended to be protected by
the system. For urban and urbanizing areas protected by project
levees, the urban level of flood protection shall be achieved by
2025.

(4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.

(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments
and any associated environmental documents are challenged in
court, the validity of the amendments and any associated
environmental documents has been upheld in a final decision.

(c) This section does not change or diminish existing
requirements of local flood plain management laws, ordinances,
resolutions, or regulations necessary to local agency participation
in the national flood insurance program.

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SECTION 1.  

Section 65962 of the Government Code is
amended to read:

65962.  

(a) Notwithstanding any other law, after the
amendments required by Sections 65302.9 and 65860.1 have
become effective, each city and county within the Sacramento-San
Joaquin Valley shall not approve a discretionary permit, other
discretionary entitlement, or a ministerial permit that would result
in the construction of a new residence, for any project that is
located within a flood hazard zone unless the city or county finds,
based on substantial evidence in the record, one of the following:

(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level
of flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.

(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of
flood protection in nonurbanized areas.

(3) The local flood management agency has made adequate
progress on the construction of a flood protection system which
will result in flood protection equal to or greater than the urban
level of flood protection in urban or urbanizing areas or the national
Federal Emergency Management Agency standard of flood
protection in nonurbanized areas for property located within a
flood hazard zone, intended to be protected by the system. For
urban and urbanizing areas protected by project levees, the urban
level of flood protection shall be achieved by 2025.

(4) The project is located in a developed area as defined by
Section 59.1 of Title 44 of the Code of Federal Regulations.

(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments
and any associated environmental documents are challenged in
court, the validity of the amendments and any associated
environmental documents has been upheld in a final decision.

(c) This section does not change or diminish existing
requirements of local flood plain management laws, ordinances,
resolutions, or regulations necessary to local agency participation
in the national flood insurance program.

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