Bill Text: CA SB1139 | 2023-2024 | Regular Session | Amended

California Senate Bill 1139

Bill Title: Flood protection: City of Sacramento: Sacramento Area Flood Control Agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-22 - May 1 set for first hearing canceled at the request of author. [SB1139 Detail]

Download: California-2023-SB1139-Amended.html

Amended IN Senate April 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1139

Introduced by Senator Ashby

February 14, 2024

An act to amend ~~Section~~ Sections 65865.5, 65962, and 66474.5 of, and to add Section 65962.3 to, the Government Code, relating to flood protection.

LEGISLATIVE COUNSEL'S DIGEST

SB 1139, as amended, Ashby. Flood protection: City of Sacramento: Sacramento Area Flood Control Agency.

Unless a city or county within the Sacramento-San Joaquin Valley makes certain findings after the effective date of specified amendments to its general plan, the Planning and Zoning Law prohibits a city or county from entering into a development agreement for property located in a flood hazard zone; approving a discretionary permit, ministerial permit, or other discretionary entitlement for a project that is located within a flood hazard zone, as specified; or approving 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. Those findings include, among others, that the local flood management agency has made adequate progress on the construction of 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. Existing law further requires urban and urbanizing areas protected by any levee that is part of the facilities of the State Plan of Flood Control to achieve the urban level of flood protection by 2025. Existing law extends that deadline to 2030 for the City of West Sacramento.

This bill would extend that deadline for achieving the urban level of flood protection for the City of Sacramento to 2030. The bill would also make a related change regarding the potential liability of the Sacramento Area Flood Control Agency for property damage caused by a flood during that extended time period. The bill would require, on or before December 31, 2029, the Sacramento Area Flood Control Agency to provide a report to specified committees and subcommittees of the Legislature describing plans and actions taken to improve flood protection in the preceding 5 years in the City of Sacramento, as provided.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 65865.5 of the Government Code is amended to read:

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 has made adequate progress on the construction of 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. Except as provided in Sections 65962.1, 65962.2, and 65962.3, 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.

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. Except as provided in Sections 65962.1, 65962.2, and 65962.3, 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.

SEC. 3.

Section 65962.3 is added to the Government Code, to read:

65962.3.

(a) For purposes of Sections 65865.5, 65962, and 66474.5, the City of Sacramento shall achieve the urban level of flood protection by 2030.

(b) For purposes of this section, “City of Sacramento” means the incorporated area in the City of Sacramento as identified in Resolution No. 2021-0001, adopted by the Sacramento Independent Redistricting Commission, December 16, 2021, entitled “Establishing the Sacramento City Council District Boundaries Pursuant to the Sacramento City Charter, the California Elections Code, and the 2020 United States Census.”

(c) Notwithstanding Section 8307 of the Water Code, the Sacramento Area Flood Control Agency may be required to contribute its fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the City of Sacramento between January 1, 2025, and December 31, 2030.

(d) (1) Notwithstanding Sections 9795 and 10231.5, on or by December 31, 2029, the Sacramento Area Flood Control Agency shall provide a report to the Senate Natural Resources and Water Committee, the Assembly Water, Parks and Wildlife Committee, the Senate Budget Subcommittee No. 2, and the Assembly Budget Subcommittee No. 4 describing plans and actions taken to improve flood protection in the City of Sacramento pursuant to this section in the preceding five years. In order to minimize duplication, the report may be composed of materials developed to meet other reporting requirements.
(2) This subdivision shall become inoperative on January 1, 2031.

SEC. 4.

Section 66474.5 of the Government Code is amended to read:

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.

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

SEC. 5.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the City of Sacramento which is particularly susceptible to flooding due to its location.