Bill Text: CA AB125 | 2013-2014 | Regular Session | Amended
Bill Title: Water: floods.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2014-08-30 - In Assembly. Concurrence in Senate amendments pending. [AB125 Detail]
Download: California-2013-AB125-Amended.html
BILL NUMBER: AB 125 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN ASSEMBLY MAY 24, 2013
INTRODUCED BY Assembly Member Eggman
( Coauthor: Assembly Member
Logue )
( Coauthor: Senator Nielsen
)
JANUARY 14, 2013
An act to amend Section 65962 of the Government Code, relating to
land use, water, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 125, as amended, Eggman. Planning and land use:
Sacramento-San Joaquin Valley. Water: floods.
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.
Existing law authorizes the Department of Water Resources to
administer funding, from various sources, for flood risk reduction
projects.
This 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.
This 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 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 or other discretionary 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, 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 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 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.
SEC. 2. Notwithstanding any other
provision of law, the Department of Water Resources may provide
reimbursement to funding recipients that execute a funding agreement
under the Urban Flood Risk Reduction Projects program for any
expenditure associated with continued funding of a project initiated
under the Early Implementation Project program and incurred after
July 1, 2014, and before execution of the funding agreement, but no
later than July 1, 2015.
SEC. 2. SEC. 3. The Legislature
finds and declares that that, with respect to
Section 1 of this act, a special law is necessary and that a
general law cannot be made applicable within the meaning of Section
16 of Article IV of the California Constitution because of the unique
land use planning considerations relative to flood hazard zones in
the Sacramento-San Joaquin Valley.
SEC. 3. SEC. 4. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to proceed with the reconstruction or remodel of
buildings in downtown Stockton that are a public hazard,
hazard and provide for early reimbursement for funding
recipients to expedite urban flood risk reduction projects, it
is necessary that the bill take effect immediately.
