SB 1155, as amended, Lieu. Geological hazards: approval of projects.
Under the Alquist-Priolo Earthquake Fault Zoning Act, prior to approving a project within an earthquake fault zone, a city or county is directed to require the preparation of a geologic report, subject to certain exceptions. The act authorizes cities and counties to, among other things, establish stricter policies and criteria, and impose and collect specified additional fees.begin insert Existing law prohibits a structure for human occupancy from being placed across the trace of an active fault.end insert
This bill would require a city or county, prior to approval of a projectbegin delete within a delineated earthquake fault zone, where mapping to identify seismic hazard zones has not been completedend deletebegin insert,
as describedend insert, to determine that either the projectbegin delete has a minimum setback of 75 feet from any mapped active trace faultend deletebegin insert is in compliance with existing law relating to the location of structures for human occupancy near active faults, as provided,end insert or the project is not located on an active trace fault as determined by a geological site investigation. By expanding the duties of local officials in the process of approving a project, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 2623.5 is added to the Public Resources
2Code, to read:
(a) This section shall apply to a projectbegin delete within a begin insert located
4delineated earthquake fault zone, as determined pursuant to Section
52622, where mapping to identify seismic hazard zonesend delete
6where (1) faults that have broken, or are likely to break, the ground
7surface have been mapped, (2) sufficient geologic or seismic data
8exists indicating that the faults are generally accepted to be active
9faults, as defined in subdivision (a) of Section 3601 of Title 14 of
10the California Code of Regulations, and (3) earthquake fault zone
11maps,end insert pursuant tobegin delete Sections 2695 and 2696 hasend deletebegin insert
this chapter, haveend insert
12 not been completed.
13(b) A city or county shall determine, prior to approval of a
14projectbegin insert in a locationend insert described in subdivision (a), either of the
15following:
16(1) begin deleteThe project has a minimum setback of 75 feet from any begin insertIf the project is located within 500 feet
17mapped active trace fault identified in the 2010 Fault Activity Map
18of California, completed end delete
19of a major active fault, or 300 feet of a well-defined minor fault,
20as identified in published reports or mapsend insert by the California
21Geological Surveybegin insert,
the United States Geological Survey, or in
22peer-reviewed journals published by academic or professional
23institutions and organizations, that the project is in compliance
24with subdivision (a) of Section 3603 of the California Code of
25Regulationsend insert.
26(2) The applicant has performedbegin insert,end insert or caused to be performedbegin insert,end insert a
27geological site investigation thatbegin delete hasend delete determined that there is no
28active trace fault beneath thebegin delete footprint of theend delete
project.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31a local agency or school district has the authority to levy service
32charges, fees, or assessments sufficient to pay for the program or
P3 1level of service mandated by this act, within the meaning of Section
217556 of the Government Code.
O
98