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California Senate Bill SB639

California 2025-2026 Regular Session

California Senate Bill SB639 Compare Versions

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1-Amended IN Senate April 02, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 639Introduced by Senator AshbyFebruary 20, 2025An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add and repeal Section 65962.4 of, to, the Government Code, and to amend Section 8307 of the Water Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 639, as amended, Ashby. Zoning: Sacramento-San Joaquin Valley.Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.This bill, until January 1, 2030, bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require the City of Sacramento or the County of Sacramento to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, between January 1, 2026, and December 31, 2030.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and City of Sacramento.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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 65962.4, 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 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 65962.4, 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. 3. Section 65962.4 is added to the Government Code, to read:65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e)This section shall remain in effect until January 1, 2030, and as of that date is repealed.(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.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.(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 65962.4, 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. 5. Section 8307 of the Water Code is amended to read:8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.(c) For the purposes of this section:(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.SEC. 5.SEC. 6. 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 in the County of Sacramento and City of Sacramento, which is particularly susceptible to flooding due to its location.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 639Introduced by Senator AshbyFebruary 20, 2025 An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add and repeal Section 65962.4 of, the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 639, as introduced, Ashby. Zoning: Sacramento-San Joaquin Valley.Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.This bill, until January 1, 2030, would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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. 3. Section 65962.4 is added to the Government Code, to read:65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.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.(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, 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. 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 in the City of Sacramento, which is particularly susceptible to flooding due to its location.
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3- Amended IN Senate April 02, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 639Introduced by Senator AshbyFebruary 20, 2025An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add and repeal Section 65962.4 of, to, the Government Code, and to amend Section 8307 of the Water Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 639, as amended, Ashby. Zoning: Sacramento-San Joaquin Valley.Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.This bill, until January 1, 2030, bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require the City of Sacramento or the County of Sacramento to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, between January 1, 2026, and December 31, 2030.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and City of Sacramento.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 639Introduced by Senator AshbyFebruary 20, 2025 An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add and repeal Section 65962.4 of, the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 639, as introduced, Ashby. Zoning: Sacramento-San Joaquin Valley.Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.This bill, until January 1, 2030, would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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20-An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add and repeal Section 65962.4 of, to, the Government Code, and to amend Section 8307 of the Water Code, relating to land use.
20+ An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add and repeal Section 65962.4 of, the Government Code, relating to land use.
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26-SB 639, as amended, Ashby. Zoning: Sacramento-San Joaquin Valley.
26+SB 639, as introduced, Ashby. Zoning: Sacramento-San Joaquin Valley.
2727
28-Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.This bill, until January 1, 2030, bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require the City of Sacramento or the County of Sacramento to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, between January 1, 2026, and December 31, 2030.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and City of Sacramento.
28+Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.This bill, until January 1, 2030, would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.
2929
3030 Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan.
3131
3232 Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees.
3333
3434 Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the the urban level of flood protection as described above.
3535
3636 Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above.
3737
38-This bill, until January 1, 2030, bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require the City of Sacramento or the County of Sacramento to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, between January 1, 2026, and December 31, 2030.
38+This bill, until January 1, 2030, would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Sacramento and the County of Sacramento, that shall, instead, be required to achieve the urban level of flood protection by 2030.
3939
40-This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and City of Sacramento.
40+This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.
4141
4242 ## Digest Key
4343
4444 ## Bill Text
4545
46-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 65962.4, 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 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 65962.4, 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. 3. Section 65962.4 is added to the Government Code, to read:65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e)This section shall remain in effect until January 1, 2030, and as of that date is repealed.(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.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.(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 65962.4, 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. 5. Section 8307 of the Water Code is amended to read:8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.(c) For the purposes of this section:(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.SEC. 5.SEC. 6. 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 in the County of Sacramento and City of Sacramento, which is particularly susceptible to flooding due to its location.
46+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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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. 3. Section 65962.4 is added to the Government Code, to read:65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.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.(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, 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. 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 in the City of Sacramento, which is particularly susceptible to flooding due to its location.
4747
4848 The people of the State of California do enact as follows:
4949
5050 ## The people of the State of California do enact as follows:
5151
52-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 65962.4, 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.
52+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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
5353
5454 SECTION 1. Section 65865.5 of the Government Code is amended to read:
5555
5656 ### SECTION 1.
5757
58-65865.5. (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 65962.4, 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.
58+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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
5959
60-65865.5. (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 65962.4, 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.
60+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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
6161
62-65865.5. (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 65962.4, 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.
62+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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
6363
6464
6565
6666 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:
6767
6868 (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.
6969
7070 (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.
7171
72-(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 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
72+(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 and 65962.2, 65962.1, 65962.2, and 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
7373
7474 (4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
7575
7676 (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.
7777
7878 (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.
7979
80-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 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 65962.4, 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.
80+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 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
8181
8282 SEC. 2. Section 65962 of the Government Code is amended to read:
8383
8484 ### SEC. 2.
8585
86-65962. (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 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 65962.4, 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.
86+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 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
8787
88-65962. (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 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 65962.4, 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.
88+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 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
8989
90-65962. (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 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 65962.4, 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.
90+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 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 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
9191
9292
9393
9494 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:
9595
9696 (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.
9797
9898 (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.
9999
100-(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 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
100+(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
101101
102102 (4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
103103
104104 (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.
105105
106106 (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.
107107
108-SEC. 3. Section 65962.4 is added to the Government Code, to read:65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e)This section shall remain in effect until January 1, 2030, and as of that date is repealed.(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.
108+SEC. 3. Section 65962.4 is added to the Government Code, to read:65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
109109
110110 SEC. 3. Section 65962.4 is added to the Government Code, to read:
111111
112112 ### SEC. 3.
113113
114-65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e)This section shall remain in effect until January 1, 2030, and as of that date is repealed.(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.
114+65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
115115
116-65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e)This section shall remain in effect until January 1, 2030, and as of that date is repealed.(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.
116+65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
117117
118-65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e)This section shall remain in effect until January 1, 2030, and as of that date is repealed.(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.
118+65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:(1) The Natomas subarea of the City of Sacramento.(2) The Beach Lake subarea of the City of Sacramento.(3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.(b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.(d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.(e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
119119
120120
121121
122122 65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030:
123123
124124 (1) The Natomas subarea of the City of Sacramento.
125125
126126 (2) The Beach Lake subarea of the City of Sacramento.
127127
128128 (3) The portions of the Natomas Basin located in the unincorporated area of the County of Sacramento.
129129
130130 (b) For purposes of this section, City of Sacramento means the incorporated area in the City of Sacramento 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.
131131
132132 (c) For purposes of this section, Natomas subarea means the area within the City of Sacramento bounded on the north and west by the city limits; on the south by the Garden Highway or Arden Garden Connector; and on the east by East Levee Road.
133133
134134 (d) For purposes of this section, Beach Lake subarea means the area within the City of Sacramento bounded on the north by Meadowview Road; on the west by Freeport Boulevard; on the south by Beach Lake Levee; and on the east by Morrison Creek.
135135
136136 (e) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
137137
138-
139-
140-(e) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Sacramento or the County of Sacramento may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the states exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), or (3) of subdivision (a) between January 1, 2026, and December 31, 2030.
141-
142-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.(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 65962.4, 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.
138+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.(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
143139
144140 SEC. 4. Section 66474.5 of the Government Code is amended to read:
145141
146142 ### SEC. 4.
147143
148-66474.5. (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.(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 65962.4, 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.
144+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.(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
149145
150-66474.5. (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.(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 65962.4, 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.
146+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.(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
151147
152-66474.5. (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.(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 65962.4, 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.
148+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.(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, 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.
153149
154150
155151
156152 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:
157153
158154 (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.
159155
160156 (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.
161157
162-(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 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
158+(3) The local flood management agency has made adequate progress on the construction of a 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. Except as provided in Sections 65962.1 and 65962.2, 65962.1, 65962.2, and 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
163159
164160 (4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
165161
166162 (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.
167163
168164 (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.
169165
170-SEC. 5. Section 8307 of the Water Code is amended to read:8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.(c) For the purposes of this section:(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
166+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 in the City of Sacramento, which is particularly susceptible to flooding due to its location.
171167
172-SEC. 5. Section 8307 of the Water Code is amended to read:
168+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 in the City of Sacramento, which is particularly susceptible to flooding due to its location.
169+
170+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 in the City of Sacramento, which is particularly susceptible to flooding due to its location.
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174172 ### SEC. 5.
175-
176-8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.(c) For the purposes of this section:(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
177-
178-8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.(c) For the purposes of this section:(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
179-
180-8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.(c) For the purposes of this section:(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
181-
182-
183-
184-8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the states exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. However,
185-
186-(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.
187-
188-(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.
189-
190-(c) For the purposes of this section:
191-
192-(1) State flood control project means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.
193-
194-(2) Undeveloped area means an area devoted to agricultural use, as defined in Section 51201 of the Government Code, or open space land, as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.
195-
196-(3) Unreasonably approving means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.
197-
198-(4) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
199-
200-(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
201-
202-SEC. 5.SEC. 6. 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 in the County of Sacramento and City of Sacramento, which is particularly susceptible to flooding due to its location.
203-
204-SEC. 5.SEC. 6. 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 in the County of Sacramento and City of Sacramento, which is particularly susceptible to flooding due to its location.
205-
206-SEC. 5.SEC. 6. 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 in the County of Sacramento and City of Sacramento, which is particularly susceptible to flooding due to its location.
207-
208-### SEC. 5.SEC. 6.