BILL NUMBER: AB 1899 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY APRIL 27, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
INTRODUCED BY Assembly Member Wolk
(Coauthor: Assembly Member Jones)
JANUARY 25, 2006
An act to add Section 66455.2 to the Government Code, to add
Section 21151.11 to the Public Resources Code, and to add Section
8608.3 to, and to add Part 6 (commencing with Section 9590) to
Division 5 of , the Water Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1899, as amended, Wolk Land use: flood protection.
(1) Existing law requires a city or county that determines that a
project, as defined, is subject to the California Environmental
Quality Act to identify any public water system that may supply water
for the project and to request that public water system to prepare a
specified water supply assessment. Existing law, the Subdivision Map
Act, requires a local agency, to the extent it is authorized to
approve a tentative map that includes a subdivision, as defined, to
include as a condition in the tentative map that a sufficient water
supply is or will become available prior to completing the
subdivision, as determined by the applicable public water system or
the local agency authorized to approve the tentative map.
This bill would require a city or county that determines that a
project, as defined, will require a certain environmental document
under the California Environmental Quality Act and meets certain
conditions, to identify all relevant flood management agencies
that operate or maintain flood protection facilities that provide
flood protection to the lands upon which the project is proposed to
be located and to require those agencies to submit to the city
or county and the Rec lamation Board (board) a
specified flood protection assessment
analysis . The bill would provide that the flood management
agency is not subject to civil liability in connection with the
preparation of the flood protection assessment
analysis under certain circumstances. The bill would
require the city or county to include in an environmental document
prepared for the project the flood protection assessment
analysis , or a specified description, a
discussion as to whether the flood protection for the lands upon
which the project is proposed to be located currently meets a
specified 200-year flood protection standard, and other related
information. If the city or county is unable to conclude
include in the document a statement that flood
protection for the lands currently meets that
standard, the bill would require the city or county , flood
management agency, and project applicant to work together to ensure
that the lands upon which the project is proposed to be located will
meet that flood protection standard prior to, or within 5 years of,
those lands being developed to include an explanation
as to why it is unable to do so . The bill would provide
that the city or county is not subject to civil liability for relying
on a flood protection analysis or in connection with specified
determinations.
The bill would revise the Subdivision Map Act to require
the Reclamation Board or the Department of Water Resources to file
with the legislative body of any local agency having jurisdiction, a
map or amended map of any flood hazard zone in the watersheds of the
Sacramento River or the San Joaquin River within 30 days of learning
of a proposed project, as defined, located within that flood hazard
zone and not otherwise constituting infill. The bill would require
the local agency the Department of Water Resources
(department), not later than January 1, 2008, to provide existing
flood hazard zone maps approved by the Federal Emergency Management
Agency to each city and county within the watersheds of the
Sacramento River or San Joaquin River. The bill would require a city
or county, within 30 days after the date on which a determination is
made that a tentative map application is complete for a proposed
subdivision project that is located within a flood hazard zone,
to transmit a copy of the proposed tentative map for the project to
the board and affected each flood
management agencies agency that
operates or maintains flood protection facilities that provide flood
protection to the lands upon which the project is proposed to be
located . Within 90 120 days
after receiving a copy of a proposed subdivision map, or within
60 days after receiving a specified flood protection analysis,
the board would be required to verify whether
, in writing and based on a specified certification, that
the lands upon which the project is proposed to be located
will , and other prescribed lands, meet
that specified 200-year a specified 100-year
flood protection standard within 5 years of issuance
of the final map and provide specified information. The bill would
provide that the board would not be subject to civil liability in
connection with the preparation of the flood protection verification
under certain circumstances. In the absence of a written verification
by the board, the bill would authorize the city or county to make a
finding that the described lands will meet that requirement
.
The bill would require the board, not later than 90 days
after it verifies compliance with the 100-year standard, to determine
in writing and based on specified engineering findings, whether the
described lands are reasonably anticipated to meet the 200-year flood
protection standard within 10 years of the date on which a final map
is issued for the project.
The bill would provide that the state, and its agencies,
departments, and employees, are not subject to civil liability in
connection with the preparation or issuance of a flood protection
verification or determination under certain circumstances. The bill
would provide that the city or county is not subject to civil
liability for relying on the verification or determination prepared
by the Reclamation Board or, under certain circumstances, for a
specified finding.
If the board determines that the described lands are not
anticipated to meet the 200-year standard within 10 years of issuance
of the final map, the bill would require the board to recommend to
the city or county conditions to any proposed tentative
map that would contribute to the project's achievement of the
200-year standard. In the absence of a determination by the board
that the 200-year standard will be met, the bill would authorize the
city or county to cooperate with specified parties to develop a plan
for meeting the 200-year standard within 10 years of the date on
which the final map is approved, and to determine, under certain
circumstances, that the project will meet the 200-year standard at
the time that any homes included in the proje ct are
occupied.
The bill would prohibit the approval of a tentative map for a
project that is subject to the bill's provisions unless the board
verifies compliance with the 100-year standard and other requirements
are met.
By imposing duties on cities, counties, and flood management
agencies in connection with the bill's provisions, the bill would
impose a state-mandated local program.
The bill would require the board, not later than January 1, 2010,
and based on standards proposed by the department, to adopt standards
for Central Valley urban levees.
(2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) In the Central Valley, the State of California has worked
closely with the United States Army Corps of Engineers and local
agencies to develop, construct, operate, and maintain flood control
projects.
(b) Local governments have the primary responsibility for planning
and approving various land uses within their jurisdictions. The land
use planning function, however, is often disconnected from the
operations of state or local agencies that manage flood protection
facilities in the jurisdiction. As a result, land use decisions are
frequently based on limited information regarding flood management
and protection.
(c) In order to improve the connection between local government
land use decisions and state flood management policies, financing,
and facilities, it is necessary for local government land use
decisions to include confirmation that new developments outside
existing population centers will enjoy sufficient protection from
flood hazards. These confirmations will ensure that land use
decisions reflect the most recent information as to the flood risks
affecting new residential developments.
(d) Linking land use decisions to flood risk and flood protection
estimates comprises only one part of a more comprehensive State Plan
of Flood Control for the Central Valley. Federal, state, and local
agencies may construct and operate flood protection facilities to
reduce flood risks, but flood risks will nevertheless remain for
those who choose to reside in Central Valley floodplains. Making
those flood risks more apparent will help ensure that Californians
make careful choices when deciding whether to build homes or live in
Central Valley floodplains.
(e) Urban areas and areas that are becoming urbanized that are
protected against flooding by levees face high potential risks for
loss of life and property damage during future floods. These areas
should be given high priority in funding flood protection projects
and these areas should seek high levels of flood protection with a
minimum goal of protecting against a flood with a 1-in-200 annual
chance of occurrence. Achieving this objective will require greater
local government participation in implementing plans to improve flood
protection for urban areas.
(f) Improving flood protection for new housing developments offers
the most cost-effective method to move toward this higher level of
flood protection of urban areas. Increasing flood protection for
existing urban areas will require substantial investment by federal,
state, and local governments in order to strengthen existing flood
control facilities or redesign flood protection infrastructure. While
the state addresses the need for increased flood protection for
central valley urban areas, building sufficient flood protection into
new housing developments will help ensure that the fewest possible
lives and homes suffer undue risk.
SEC. 2. Section 66455.2 is added to the
Government Code , to read:
66455.2. (a) Unless the context requires otherwise, the
definitions set forth in this subdivision govern the construction of
this section.
(1) "Certified floodplain manager" means a qualified expert in
flood protection and floodplains as certified by the Association of
State Floodplain Managers.
(2) "Flood hazard zone" means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate or
minimal hazard on an official flood insurance rate map issued by the
Federal Emergency Management Agency.
(3) "Flood management agency" means any public entity, including,
but not limited to, a reclamation district, flood control district,
levee district, county flood control district, city, county, joint
powers agency, state maintenance area, state agency, or other public
agency that provides flood protection services to an area in which
not less than 100 people reside.
(4) "Infill" means any residential, commercial, or industrial
development proposed for a site that is within an urbanized area and
has been previously developed for urban uses, or where virtually all
of the immediate contiguous properties surrounding the development
site are, or previously have been, developed for urban uses.
(5) "One hundred-year standard" means protection that is
sufficient to withstand flooding that has a 1-in-100 chance of
occurring in any given year, without regard to any previous
presumption lacking substantial evidence that the relevant levee was
sufficient to withstand that flooding, considering reasonably
foreseeable development in the watershed, and consistent with
standards of the federal government in existence at the time of the
verification pursuant to subdivision (d).
(6) "Project" means a proposed residential subdivision development
of more than 25 dwelling units, not otherwise constituting infill,
that is located in a flood hazard zone, for which both of the
following apply:
(A) The anticipated flood levels exceed three feet for the
100-year flood event, as determined by the Department of Water
Resources using readily available information.
(B) The flood hazard zone is located within the watersheds of the
Sacramento River or the San Joaquin River.
(7) "Two hundred-year standard" means protection that is
sufficient to withstand flooding that has a 1-in-200 chance of
occurring in any given year, based on hydrological modeling prepared
by the United States Army Corps of Engineers or the Department of
Water Resources that is available at the time of the verification or
determination required by subdivision (d) or (e), and reflects a
consideration of reasonably foreseeable development in the
floodplain.
(b) Not later than January 1, 2008, the Department of Water
Resources shall provide existing flood hazard zone maps approved by
the Federal Emergency Management Agency to each city and county
within the watersheds of the Sacramento River or San Joaquin River.
These maps shall include additional information showing the
approximate delineation of the lands with anticipated flood levels
exceeding three feet. The Department of Water Resources shall provide
updated flood hazard zone maps to affected cities and counties
within 90 days after the date of the submission of these maps to the
Federal Emergency Management Agency.
(c) Within 30 days after the date on which a determination is made
that a tentative map application is complete pursuant to Section
65943 for a proposed subdivision project located, in whole or in
part, within a flood hazard zone, the city or county shall transmit
one copy of the proposed tentative map to the Reclamation Board and
to each flood management agency that operates or maintains flood
protection facilities that provide some level of flood protection to
the lands upon which the project is proposed to be located. The city
or county may transmit to the Reclamation Board maps that identify
adjacent areas within its jurisdiction that are planned new
residential development.
(d) (1) Within 120 days after receiving a copy of a proposed
subdivision map, or within 60 days after receiving a flood protection
information analysis prepared by another agency pursuant to Part 6
(commencing with Section 9590) of Division 5 of the Water Code, the
Reclamation Board shall verify, in writing and based on a
certification of its chief engineer, that the lands upon which the
project is proposed to be located, and any other adjacent areas that
are identified pursuant to subdivision (c), meet the 100-year
standard. The Reclamation Board may deny the verification if it
determines that the lands do not meet the 100-year standard or that
there is insufficient information to make a determination with regard
to compliance with that standard.
(2) The Reclamation Board shall transmit a copy of that
verification to the city or county.
(3) The Reclamation Board may charge the project applicant
directly for the costs associated with making that determination of
compliance with the 100-year standard.
(e) (1) The Reclamation Board, not later than 90 days after it
verifies compliance with the 100-year standard pursuant to
subdivision (d), shall determine, in writing and based on the
engineering findings of its chief engineer, whether the lands
described in subdivision (d) are reasonably anticipated to meet the
200-year standard within 10 years of the date on which a final map is
issued for the project.
(2) The Reclamation Board shall transmit a copy of that
determination to the city or county. If the Reclamation Board
determines that these lands are not anticipated to meet the 200-year
standard within 10 years of issuance of the final map, the
Reclamation Board shall recommend to the city and county, and include
with its determination transmitted pursuant to this paragraph,
conditions to any proposed tentative map that would contribute to the
project's achievement of the 200-year standard.
(3) The Reclamation Board may charge the project applicant
directly for the costs associated with making the determination and
recommendations to the city or county regarding flood protection.
(4) The city or county shall consider any recommendations before
acting on the tentative map.
(f) If the written determination provided by the Reclamation Board
pursuant to subdivision (e) indicates that the lands upon which the
project is proposed to be located either will not meet, or there is
insufficient information to determine compliance with, the 200-year
standard as provided in subdivision (e), the city or county may
cooperate with the applicant, local flood management agencies, the
Reclamation Board, and the Department of Water Resources to develop a
plan for meeting the 200-year standard within 10 years of the date
on which the final map is approved. The Reclamation Board may
thereafter determine that the plan meets the 200-year standard as
provided in subdivision (e).
(g) The city or county may determine, in writing and after
consideration of the written verification and determination provided
by the Reclamation Board pursuant to subdivisions (d) and (e), that
additional information not supplied by the Reclamation Board,
including information from a registered professional engineer or a
certified floodplain manager, demonstrates that the project will meet
the 200-year standard at the time that any of the homes included in
the project are occupied.
(h) If the Reclamation Board determines that the lands upon which
the project is proposed to be located will meet the 200-year standard
as provided in subdivision (e), or if the city or county determines,
pursuant to subdivision (g), that the project will meet the 200-year
standard at the time that any of the homes included in the project
are occupied, the written determination shall be supported by
evidence that may include, but need not be limited to, any of the
following:
(1) A flood protection information analysis that was completed
pursuant to Part 6 (commencing with Section 9590) of Division 5 of
the Water Code.
(2) Other information relating to the sufficiency of the flood
protection that contains analytical information that is substantially
similar to the flood protection analysis required by Part 6
(commencing with Section 9590) of Division 5 of the Water Code.
(3) Information relating to any of the following:
(A) A capital outlay program for the financing, construction, and
maintenance of the flood protection facilities that has been adopted
by the applicable governing body.
(B) Securing of applicable federal, state, and local permits for
the construction of necessary infrastructure.
(C) Any necessary regulatory approvals that are required in order
to be able to construct needed flood protection facilities.
(i) In making any findings or determinations under this section,
or in working to improve the flood protection to be provided to the
project, the city or county may work in conjunction with the project
applicant and any flood management agency to ensure necessary flood
protection.
(j) A tentative map for a project that is subject to this section
shall not be approved unless the Reclamation Board verifies
compliance with the 100-year standard as provided in subdivision (d)
and one of the following occurs:
(1) The Reclamation Board determines that the lands on which the
project is proposed to be located will meet the 200-year standard in
accordance with subdivision (e) and the tentative map and final map,
during the period before the lands meet the 200-year standard, are
subject to the following conditions of approval:
(A) The applicant shall give notice to all purchasers of
residential units in the project of the risks of flooding and damage
to the residential units, as prescribed by the city or county.
(B) The applicant shall provide for flood insurance for the period
before the lands meet the 200-year standard, but for not more than
10 years.
(2) The Reclamation Board determines that the lands upon which the
project is proposed to be located meet the 200-year standard.
(3) The city or county determines that the project will meet the
200-year standard at the time that any of the residential units
included in the project are occupied.
(k) (1) The state, and its agencies, departments, and employees,
shall not be subject to civil liability in connection with the
preparation or issuance of any flood protection verification or
determination in accordance with this section, including any denial,
review, or act taken pursuant to this section. The Reclamation Board'
s verification and determination shall not constitute, nor shall they
be construed to constitute, any commitment by the state to provide,
to continue to provide, to maintain, or to increase flood protection
at any particular level, including the 100-year standard and the
200-year standard.
(2) A city or county shall not be subject to civil liability for
relying on the verification or determination prepared by the
Reclamation Board; nor shall a city or county be subject to civil
liability in connection with a finding that a project will meet the
200-year standard at the time the first homes are occupied, if the
city's or county's finding is based upon substantial evidence in
accordance with subdivision (h).
(l) Nothing in this section shall be construed in a manner that in
any way impairs the authority of the Reclamation Board to approve
plans of reclamation, flood control, drainage, improvement, dredging,
or work pursuant to Section 8710 of the Water Code or any other
provision of law. Consistent with its duty pursuant to Section 65940,
the Reclamation Board shall compile a list specifying the
information required from any applicant for a development project
subject to this section.
(m) Nothing in this section shall be construed to require a new
verification or determination based on new information regarding
hydrological conditions or flood protection teleology that was not
available at the time of the verification or determination.
(n) Nothing in this section shall be construed to preclude a city
or county from adopting more stringent flood protection requirements
than those contained in this section as part of its approval of
tentative or final subdivision maps.
(o) This section shall apply to all subdivision projects for which
a tentative map application is determined to be complete pursuant to
Section 65943 on or after the date on which the city or county
receives a flood hazard zone map pursuant to subdivision (b).
SEC. 3. Section 21151.11 is added to the
Public Resources Code , to read:
21151.11. Whenever a city or county determines that a project, as
described in Section 9591 of the Water Code, will require an
environmental impact report, negative declaration, or mitigated
negative declaration, it shall comply with Part 6 (commencing with
Section 9590) of Division 5 of the Water Code.
SEC. 4. Section 8608.3 is added to the
Water Code , to read:
8608.3. The Reclamation Board, not later than January 1, 2010,
and based on standards proposed by the department, shall adopt
standards for Central Valley urban levees.
SEC. 5. Part 6 (commencing with Section 9590) is
added to Division 5 of the Water Code , to
read:
PART 6. FLOOD PROTECTION INFORMATION ANALYSIS
9590. Unless the context requires otherwise, the definitions set
forth in this section govern construction of this part.
(a) "Flood management agency" means any public entity, including,
but not limited to, a reclamation district, flood control district,
levee district, county flood control district, city, county, joint
powers agency, state maintenance area, state agency, or other public
agency that provides flood protection services to an area in which
not less than 100 people reside.
(b) "Infill" means any residential, commercial, or industrial
development proposed for a site that is within an urbanized area and
has been previously developed for urban uses, or where virtually all
the immediate contiguous properties surrounding the development site
are, or previously have been, developed for urban uses.
(c) "Two hundred-year standard" means protection that is
sufficient to withstand flooding that has a 1-in-200 chance of
occurring in any given year, based on hydrological modeling prepared
by the United States Army Corps of Engineers or the department that
is available at the time of the preparation of the analysis that is
required by Section 9591, and reflects a consideration of reasonably
foreseeable development in the floodplain.
9591. (a) A city or county shall comply with this part upon
determining, on or after January 1, 2007, that all of the following
apply to a project:
(1) The project will require, but does not have, an environmental
impact report, negative declaration, or mitigated negative
declaration under the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources Code).
(2) The project is within a flood hazard zone that is located in
the watersheds of the Sacramento River or the San Joaquin River and
in an area where flood levels are anticipated to exceed three feet
for the 100-year flood event, as determined by the department using
readily available information.
(3) The project involves a proposed residential subdivision
development of more than 25 dwelling units, not otherwise
constituting infill.
(4) The project does not have a complete subdivision application
pursuant to Section 65943 of the Government Code.
(b) Upon making the determinations described in subdivision (a), a
city or county shall identify all relevant flood management agencies
that operate or maintain flood protection facilities that provide
some level of flood protection to the lands upon which the project is
proposed to be located. If the city or county is not able to
identify any local flood management agency, the Reclamation Board
shall be deemed to be the flood management agency for purposes of
this part.
(c) Upon identification of all relevant flood management agencies,
the city or county shall prepare a notice to be provided to the
flood management agencies that describes the location of the proposed
project, the scale and scope of the project, and any other
information deemed by the city or county to be useful to the flood
management agency in preparing the analysis required under this part.
The notice shall include a request for a flood protection analysis.
(d) (1) Within 90 days after the date of the receipt of the notice
and request from the city or county for the flood protection
analysis, the flood management agency shall submit to the city or
county and the Reclamation Board a flood protection analysis.
(2) Notwithstanding paragraph (1), if the city or county
identifies and notifies more than one relevant flood management
agency, the flood management agencies may agree that one flood
management agency will respond on behalf of all identified and
notified flood management agencies.
(3) The flood protection analysis shall, in accordance with this
paragraph, include copies of, or a reference to, the flood management
reports that, to the knowledge of the flood management agency,
provide information specifically relevant to the level of flood
protection available to the lands upon which the project is proposed
to be located. A flood protection analysis shall be deemed sufficient
if it includes all of the following:
(A) The most recent flood management reports in the possession of
the flood management agency.
(B) References to other relevant flood management reports known to
the flood management agency.
(C) A document identifying the reports described in subparagraphs
(A) and (B).
(4) (A) The flood protection analysis may include, at the
discretion of the flood management agency, a qualitative or
quantitative analysis of the level of flood protection available to
the lands upon which the project is proposed to be located, along
with a description of the actions that may be taken by the flood
management agency to increase the level of flood protection on behalf
of the lands upon which the project is proposed to be located.
(B) If the information described in this paragraph is provided,
the flood protection analysis may include other relevant information,
including information relevant to any capital outlay program for
financing new flood protection facilities, federal, state, and local
permits required for the construction of necessary facilities, and
any necessary regulatory approvals that are required in order to be
able to construct those facilities.
(C) If the flood management agency elects to provide the
information described in this paragraph, the flood management agency
may provide that information to the city or county and the
Reclamation Board at a time after the 90-day period described in
paragraph (1) has expired. In addition, if the flood management
agency elects to provide this information, the flood management
agency may contract with the project applicant to charge the actual
reasonable costs of preparing and providing the information described
in this subdivision.
(e) Notwithstanding any other provisions of this part, if a
project has been the subject of a flood protection analysis that
complies with the requirements of this part, no additional flood
protection analysis shall be required for subsequent projects that
were part of a larger project for which a flood protection analysis
was completed in accordance with this part unless significant new
information becomes available that was not known and could not have
been known at the time the analysis was prepared.
(f) (1) The flood management agency shall not be subject to civil
liability in connection with the preparation of the flood protection
analysis if the analysis is based on all existing, relevant
information available to the agency.
(2) A city or county shall not be subject to civil
liability for relying on a flood protection analysis prepared
pursuant to this section, nor shall a city or county be subject to
civil liability in connection with a determination made pursuant to
this part if the determination is based on the evidence in the
record.
9592. (a) A city or county shall include all of the following in
an environmental document prepared for the project pursuant to
Division 13 (commencing with Section 21000) of the Public Resources
Code:
(1) The flood protection analysis provided pursuant to Section
9591 or a description of the conclusions of the flood protection
analysis, including, but not limited to, estimates of the probability
or risk of flooding on the lands on which the project is located.
(2) A discussion as to whether, based upon the existing record,
flood protection for the lands upon which the project is proposed to
be located meets the 200-year standard. If the city or county is
unable to include a statement that flood protection for the lands
upon which the project is proposed to be located meets the 200-year
standard, the city or county shall include an explanation as to the
reasons it is unable to include the statement.
(3) All available information regarding the likely depth of
flooding in the event of a levee failure.
(4) Analysis of the effect of the project, including any related
proposed flood protection facilities, in displacing flood risks to
other nearby or downstream locations.
(b) For the purposes of carrying out subdivision (a), the city or
county may include an evaluation of information set forth in the
flood protection analysis.
SECTION 1. The Legislature finds and declares
all of the following:
(a) In the central valley, the State of California has assumed the
primary responsibility for protecting its citizens from floods. The
state has worked closely with the United States Army Corps of
Engineers to develop, construct, and maintain flood control projects.
(b) Local governments have the primary responsibility for planning
and approving various land uses within their jurisdictions. The land
use planning function, however, is often disconnected from the
operations of state or local agencies that protect the jurisdiction
from floods. As a result, land use decisions are based on limited
information regarding flood management and protection.
(c) In order to connect local government land use decisions with
state flood management policies, financing, and facilities, it is
necessary for local government land use decisions to include
confirmation that new developments, outside existing population
centers, will enjoy sufficient protection from flood hazards.
SEC. 2. Section 66455.2 is added to the
Government Code, to read:
66455.2. (a) The Reclamation Board or the Department of Water
Resources shall file with the legislative body of any local agency
having jurisdiction, a map or amended map of any flood hazard zone in
the watersheds of the Sacramento River or San Joaquin River, within
30 days of when the board or the department learns of a proposed
project located within that flood hazard zone and not otherwise
constituting infill. The local agency having jurisdiction shall issue
a receipt for the flood hazard zone map.
(b) Within 30 days of a tentative map application being determined
to be complete pursuant to Section 65943 for a proposed subdivision
located, in whole or in part, within the territory outlined on the
flood hazard zone map, the local agency shall transmit one copy of
the proposed tentative map to the Reclamation Board and to all flood
management agencies that operate or maintain flood protection
facilities that provide some level of flood protection to the lands
upon which the project is proposed to be located.
(c) Within 90 days after receiving a copy of a proposed
subdivision map, the Reclamation Board shall verify, in writing,
whether the lands upon which the project is proposed to be located
meet the 200-year standard on or before, or are reasonably
anticipated to meet the 200-year standard within five years of, the
date on which a final map is issued for the project. If the board
determines that these lands are not anticipated to meet the 200-year
standard within five years of issuance of the final map, the board
shall recommend conditions to any proposed tentative map that would
contribute to the project's achievement of the 200-year standard. The
board may charge the project applicant for the costs associated with
making the verification and recommendations to the local agency
regarding flood protection. The local agency having jurisdiction
shall consider any recommendations before acting on the tentative
map.
(d) If the written verification provided by the Reclamation Board
indicates that the lands upon which the project is proposed to be
located either will not meet or there is insufficient information to
verify compliance with the 200-year standard as provided in
subdivision (c), or if a written verification is not provided by the
board, the city or county may make a finding, after consideration of
the written verification if provided by the board, that additional
information not supplied by the board demonstrates that the project
meets the 200-year standard.
(e) If the Reclamation Board verifies that the lands upon which
the project is proposed to be located meet the 200-year standard as
provided in subdivision (c), the written verification shall be
supported by evidence that may include, but need not be limited to,
any of the following:
(1) A flood protection information assessment that was completed
pursuant to Part 6 (commencing with Section 9590) of Division 5 of
the Water Code.
(2) Other information relating to the sufficiency of the flood
protection that contains analytical information that is substantially
similar to the flood protection assessment required by Part 6
(commencing with Section 9590) of Division 5 of the Water Code.
(3) Information relating to any of the following:
(A) A capital outlay program for the financing, construction, and
maintenance of the flood protection facilities that has been adopted
by the applicable governing body.
(B) Securing of applicable federal, state, and local permits for
the construction of necessary infrastructure.
(C) Any necessary regulatory approvals that are required in order
to be able to construct needed facilities.
(f) In making any findings or determinations under this section,
or in working to improve the flood protection to be provided to the
project, the city or county may work in conjunction with the project
applicant and any flood management agency to ensure necessary flood
protection.
(g) Nothing in this section precludes the city or county, at the
request of the project applicant, from making a determination that
the lands upon which the project is proposed to be located meet the
200-year standard as provided in subdivision (c).
(h) The Reclamation Board shall not be subject to civil liability
in connection with the preparation of the flood protection
verification if the verification is based upon substantial evidence
in accordance with subdivision (e).
(i) (1) Unless, the context requires otherwise, the definitions
set forth in this subdivision govern the construction of this
section.
(2) "Flood management agency" means any public entity, including,
but not limited to, a reclamation district, flood control district,
levee district, county flood control district, city, county, joint
powers agency, state maintenance area, state agency, or other public
agency that provides flood protection services to an area in which
not less than 100 people reside.
(3) "Flood hazard zone" means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate or
minimal hazard on an official flood insurance rate map issued by the
Federal Emergency Management Agency.
(4) "Infill" means any residential, commercial, or industrial
development proposed for a site that is within an urbanized area and
has been previously developed for urban uses, or where virtually all
the immediate contiguous properties surrounding the development site
are, or previously have been, developed for urban uses, or housing
projects that are exclusively for very low and low-income households.
(5) "Project" means a proposed residential development of more
than 25 dwelling units, not otherwise constituting infill, that is
located in a flood hazard zone, for which both of the following
apply:
(A) The anticipating flood levels exceed three feet.
(B) The Reclamation Board has jurisdiction.
(6) "200-year standard" means protection that is sufficient to
withstand flooding that has a 1 in 200 chance of occurring in any
given year.
(j) Nothing in this section shall be construed in a manner that in
any way impairs the authority of the board to approve plans of
reclamation, flood control, drainage, improvement, dredging, or work
pursuant to Section 8710 of the Water Code or any other provision of
law.
SEC. 3. Part 6 (commencing with Section 9590)
is added to Division 5 of the Water Code, to read:
PART 6. FLOOD PROTECTION INFORMATION ASSESSMENTS
9590. (a) A city or county shall comply with this part upon
determining that all of the following apply to a project:
(1) The project will require an environmental impact report,
negative declaration, or mitigated negative declaration under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(2) The project is located within a flood hazard zone that is
subject to the jurisdiction of the Reclamation Board.
(3) The project involves a proposed residential development of
more than 25 dwelling units, not otherwise constituting infill.
(b) Upon making the determinations described in subdivision (a), a
city or county shall identify all relevant flood management agencies
that operate or maintain flood protection facilities that provide
some level of flood protection to the lands upon which the project is
proposed to be located. If the city or county is not able to
identify any flood management agency, the city or county shall be
deemed to be the flood management agency for purposes of this part.
(c) Upon identification of all relevant flood management agencies,
the city or county shall prepare a notice to be provided to the
flood management agencies that describes the location of the proposed
project, the scale and scope of the project, and any other
information deemed by the city or county to be useful to the flood
management agency in preparing the assessment required under this
part. The notice shall include a request for flood protection
assessment.
(d) (1) Within 90 days of receipt of the notice and request from
the city or county for the flood protection assessment, the flood
management agency shall submit to the city or county a flood
protection assessment.
(2) Notwithstanding paragraph (1), if the city or county
identifies and notifies more than one relevant flood management
agency, the flood management agencies may agree that one flood
management agency will respond on behalf of all identified and
notified flood management agencies.
(3) The flood protection assessment shall include copies of, or a
reference to, all existing flood management reports or studies that,
to the knowledge of the flood management agency, provide information
specifically relevant to the level of flood protection available to
the lands upon which the project is proposed to be located.
(4) (A) The flood protection assessment may include, at the
discretion of the flood management agency, a qualitative or
quantitative analysis of the level of flood protection available to
the lands upon which the project is proposed to be located along with
a description of the actions that may be taken by the flood
management agency to increase the level of flood protection on behalf
of the lands upon which the project is proposed to be located.
(B) If the information described in this paragraph is provided,
the flood protection assessment may include other relevant
information, including information relevant to any capital outlay
program for financing new flood protection facilities, federal,
state, and local permits required for the construction of necessary
facilities, and any necessary regulatory approvals that are required
in order to be able to construct those facilities.
(C) If the flood management agency elects to provide the
information described in this paragraph, the flood management agency
may provide that information to the city or county at a time after
the 90-day period described in paragraph (1) has expired. In
addition, if the flood management agency elects to provide this
information, the flood management agency may contract with the
project applicant to charge the actual reasonable costs of preparing
and providing the information described in this subdivision.
(e) If the flood management agency fails to submit the flood
protection assessment, the city or county may seek a writ of mandamus
to compel the governing body of the flood management agency to
comply with this part relating to the submission of the flood
protection assessment.
(f) Notwithstanding any other provisions of this part, if a
project has been the subject of a flood protection assessment that
complies with the requirements of this part, no additional flood
protection assessment shall be required for subsequent projects that
were part of a larger project for which a flood protection assessment
was completed in accordance with this part unless significant new
information becomes available that was not known and could not have
been known at the time the assessment was prepared.
(g) The flood management agency shall not be subject to civil
liability in connection with the preparation of the flood protection
assessment if the assessment is based on all existing, relevant
information available to the agency.
9591. (a) A city or county shall include in an environmental
document prepared for the project pursuant to Division 13 (commencing
with Section 21000) of the Public Resources Code, all of the
following:
(1) The flood protection assessment provided pursuant to Section
9590 or a description of the conclusions of the flood protection
assessment, including, but not limited to, estimates of the
probability or risk of flooding on the lands on which the project is
located.
(2) A discussion as to whether, based upon the existing record,
flood protection for the lands upon which the project is proposed to
be located currently meets the 200-year standard. If the city or
county is unable to include a statement that flood protection for the
lands upon which the project is proposed to be located currently
meets the 200-year standard, the city or county shall include an
explanation as to the reasons it is unable to include the statement.
(3) All available information regarding the likely depth of
flooding in the event of a levee failure.
(b) For the purposes of carrying out subdivision (a), the city or
county may include an evaluation of information set forth in the
flood protection assessment.
(c) If the city or county is unable to include in the draft or
final environmental document a statement that flood protection for
the lands upon which the project is proposed to be located currently
meets the 200-year standard, or includes a statement that the flood
protection does not meet the 200-year standard, the city or county,
flood management agency, and project applicant shall work together to
ensure that the lands upon which the project is proposed to be
located will meet the 200-year standard prior to, or within five
years of, those lands being developed.
9592. Unless the context requires otherwise, the definitions set
forth in this section govern construction of this part.
(a) "Flood management agency" means any public entity, including,
but not limited to, a reclamation district, flood control district,
levee district, county flood control district, city, county, joint
powers agency, state maintenance area, state agency, or other public
agency that provides flood protection services to an area in which
not less than 100 people reside.
(b) "Infill" means any residential, commercial, or industrial
development proposed for a site that is within an urbanized area and
has been previously developed for urban uses, or where virtually all
the immediate contiguous properties surrounding the development site
are, or previously have been, developed for urban uses, or housing
projects that are exclusively for very low and low-income households.
(c) "Two hundred year standard" means protection that is
sufficient to withstand flooding that has a one in two hundred chance
of occurring in any given year.
SEC. 4. SEC. 6. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.
If the Commission on State Mandates determines that this act
contains other costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.