The legislation modifies Sections of the Government Code to establish stricter criteria for how cities and counties can manage developments in flood-prone areas. This includes a prohibition on certain approvals unless municipalities can demonstrate substantial compliance with the urban flood protection standards dictated by state regulations. The bill also enables the Department of Water Resources to hold the San Joaquin Area Flood Control Agency accountable for property damages caused by flood events under specific circumstances, ultimately influencing local risk management and regulatory practices.
Summary
Assembly Bill No. 838, introduced by Assemblymember Eggman, aims to address flood management within the Mossdale Tract area, part of the Sacramento-San Joaquin Valley. The bill modifies existing regulations requiring cities and counties to ensure that any development agreements or permits issued for properties located in flood hazard zones adhere to newly defined flood protection standards. Notably, the bill extends the deadline for achieving the urban level of flood protection from 2025 to 2028 for the Mossdale Tract, allowing additional time for local agencies to enhance flood control measures.
Sentiment
Overall, the sentiment around AB 838 appears to reflect a balanced approach to flood management. Supporters of the bill argue that extending the timeline for achieving adequate flood protection mitigates the risks associated with rapid development in vulnerable areas, thereby increasing community safety. Critics may be concerned about delays in implementing flood controls, particularly given the increasing risks posed by climate change, stressing the urgency of addressing these hazards sooner rather than later.
Contention
Several points of contention arise from the bill's amendments. The postponement of the flood protection deadline to 2028 may face opposition from those advocating for immediate action to bolster safety standards. Additionally, the requirement for cities and counties to prove adequate progress in constructing flood protection systems can introduce challenges in local governance, as municipalities may need additional resources to comply. This could lead to debates about funding, infrastructure priorities, and the dichotomy between urban development and environmental safety.