BILL ANALYSIS �
AB 2108
Page 1
Date of Hearing: May 21, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2108 (Eggman) - As Amended: May 13, 2014
Policy Committee: Local
GovernmentVote:8-0
Water, Parks and Wildlife 13-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill revises the current prohibition that bars a city or
county within the Sacramento-San Joaquin Valley from approving a
project in an area that does not meet the urban level of flood
protection. Specifically, this bill:
1)Requires the city or county to make a finding that the local
flood management agency is making adequate progress toward a
flood protection system.
2)Authorizes the Central Valley Flood Protection Board (board)
to determine that preconstruction flood protection planning or
design activities are sufficient to constitute adequate
progress.
3)Limits the existing development prohibition to buildings that
would result in more than a 50% increase in allowed occupancy.
FISCAL EFFECT
Increased annual costs to the board in the $300,000 to $600,000
range.
According to the DWR, there are 85 cities and 33 counties
involved with flood control within the Sacramento-San Joaquin
Valley. This estimate assumes the board would receive at least
10 requests for determination of adequate progress per year.
COMMENTS
AB 2108
Page 2
1)Purpose. According to the author, affected communities in the
flood hazard zone are not capable of financing sufficient
flood protection infrastructure without developer impact fees.
This bill attempts to continue progress toward achieving
flood protection while easing barriers to infill development
consistent with sustainable urban planning.
2)Background. More than 100 years ago, the state partnered with
the U.S. Army Corps of Engineers in constructing levees and
flood bypasses in the Central Valley. State law assigned
liability to local maintaining agencies (LMAs) where ever
possible. Despite this delegation, in Paterno v. State of
California, the appellate court determined the state, not the
LMA, was liable for the 1986 Yuba River levee failure that
flooded the town of Linda. The trial court awarded
approximately $500 million in damages which were subsequently
paid by the state.
In response to Paterno, the Legislature enacted a flood
control package in 2007-2008 that included funding and flood
management requirements. SB 5 (Machado, 2008) required DWR to
develop a Central Valley Flood Protection Plan and required
the plan to be reviewed and adopted by the board. SB 5 also
required cities and counties to amend their general plans and
zoning ordinances to be consistent with the new plan.
SB 5 allows a city or county to continue developing in an
urban or semi-urban flood zone if the local agency determines
the area is protected to the required 200-year flood event
standard or the local flood protection system is under
construction.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081