Bill Text: CA SB845 | 2011-2012 | Regular Session | Introduced
Bill Title: Central Valley Flood Protection Plan: planning and land
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB845 Detail]
Download: California-2011-SB845-Introduced.html
BILL NUMBER: SB 845 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 18, 2011
An act to amend Sections 65865.5, 65962, and 66474.5 of the
Government Code, and to amend Section 9612 of the Water Code,
relating to flood management.
LEGISLATIVE COUNSEL'S DIGEST
SB 845, as introduced, Wolk. Central Valley Flood Protection Plan:
planning and land use.
(1) Existing law provides for the Central Valley Flood Protection
Board with the authority to construct and maintain various flood
control works.
Existing law requires the Department of Water Resources, by
January 1, 2012, to prepare, and transmit to the board, the Central
Valley Flood Protection Plan, which is a systemwide plan for the
protection of specified lands protected by the facilities of the
State Plan of Flood Control. The board is required to adopt the
Central Valley Flood Protection Plan by July 1, 2012.
This bill would make technical, nonsubstantive changes to those
requirements.
(2) Existing law requires each city and county within the
Sacramento-San Joaquin Valley, within 24 months of the adoption of
the Central Valley Flood Protection Plan, to amend its general plan
to include specified data, policies, and implementation measures. The
city or county is also required, within 36 months of the adoption of
the Central Valley Flood Protection Plan, but 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.
After the general plan amendments and zoning ordinance amendments
have become effective, the city or county, unless it makes specified
findings, is prohibited from entering into a development agreement
for property that is located within a flood hazard zone, is
prohibited from approving specified permits that would result in
specified construction located within a flood hazard zone, and is
required to deny approval of a tentative map, or a parcel map for
which a tentative map was not required, for a subdivision located
within the flood hazard zone.
This bill would make technical, nonsubstantive changes to the
specified findings that a city or county may make for those purposes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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 provision of 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 the 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.
(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 provision of 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, 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 the flood
protection system which 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.
(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. 3. Section 66474.5 of the Government Code is amended to read:
66474.5. (a) Notwithstanding any other provision of 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 has made adequate progress
on the construction of a the flood
protection system which 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.
(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. 4. Section 9612 of the Water Code is amended to read:
9612. (a) The department shall prepare, and the board shall
adopt, a the plan identified as the
Central Valley Flood Protection Plan in accordance with this part.
(b) No later than January 1, 2012, the department shall prepare
the Central Valley Flood Protection Plan in accordance with this
part, and shall transmit the plan to the board , which
. The board shall adopt the plan no later than
July 1, 2012.
(c) The board shall hold at least two hearings to receive comments
on the proposed plan. At least one hearing shall be held in the
Sacramento Valley and at least one hearing shall be held in the San
Joaquin Valley. The board shall also accept comments in writing with
regard to the proposed plan.
(d) The board may make changes to the proposed plan to resolve
issues raised in the hearings or to respond to comments received by
the board. The board shall publish its proposed changes to the
proposed plan at least two weeks before adopting the plan.
(e) The plan shall be updated in subsequent years ending in 2 and
7.
(f) The department or the board may appoint one or more advisory
committees to assist in the preparation of the plan. If the
department or the board appoints one or more advisory committees, the
advisory committee or committees shall include representation by
interested organizations.
