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AB-838 Flood management: Mossdale Tract.(2019-2020)

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Date Published: 06/26/2020 04:00 AM
AB838:v96#DOCUMENT

Amended  IN  Senate  June 25, 2020
Amended  IN  Assembly  January 23, 2020
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 838


Introduced by Assembly Member Eggman
(Coauthor: Assembly Member Eduardo Garcia)(Coauthor: Senator Galgiani)

February 20, 2019


An act to add Article 5.5 (commencing with Section 505) to Chapter 3 of Part 1 of Division 1 of the Food and Agricultural Code, amend Sections 65865.5, 65962, and 66474.5 of, and to add Section 65962.1 to, the Government Code, relating to agriculture. flood management.


LEGISLATIVE COUNSEL'S DIGEST


AB 838, as amended, Eggman. Agriculture: small- and moderate-scale diversified farms and ranches: assistance program. Flood management: Mossdale Tract.
Unless a city or county within the Sacramento-San Joaquin Valley makes certain findings after the effective date of specified amendments to its general plan, the Planning and Zoning Law prohibits a city or county from entering into a development agreement for property located in a flood hazard zone; approving a discretionary permit, ministerial permit, or other discretionary entitlement for a project that is located within a flood hazard zone, as specified; or approving a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone. Those findings include, among others, that the local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas. Existing law further requires urban and urbanizing areas protected by any levee that is part of the facilities of the State Plan of Flood Control to achieve the urban level of flood protection by 2025.
This bill would instead require the Mossdale Tract, as defined, 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 Mossdale Tract.

Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state. Existing law requires the department to seek to maintain the economic well-being of agriculturally dependent rural communities in the state.

The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes.

This bill would require the university, no later than July 1, 2021, to ensure the continued economic viability of small- and moderate-scale diversified farms and ranches, as defined, by creating a coordinated, statewide program to support the operators of those farms and ranches, prioritizing limited resource farmers and ranchers and socially disadvantaged farmers and ranchers, as defined. The bill would require the university to establish the Farmer Equity and Innovation Center to administer the program. The bill would require the center to include the university’s Small Farm Advisors, and would require the university to increase its Small Farm Advisor positions to 6 in number. The bill would require the program to include applied research on specified subjects, outreach regarding those subjects, and informational services on assistance provided by or through the center or specified nonprofit organizations. The bill would authorize the program to include special training for new and beginning farmers and ranchers, as provided, with priority given to socially disadvantaged farmers and ranchers. The bill would require the university to conduct a study to determine, and issue a report containing, a demographic breakdown of farmers and ranchers who participate in the program, as specified. The bill would make all of these provisions applicable to the university only if the regents act, by appropriate resolution, to accept the responsibility for creating the program, and would make implementation of these provisions contingent upon an appropriation by the Legislature.

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

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


SECTION 1.

 Section 65865.5 of the Government Code is amended to read:

65865.5.
 (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, the legislative body of a city or county within the Sacramento-San Joaquin Valley shall not enter into a development agreement for property that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following:
(1) The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(2) The city or county has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. For Except as provided in Section 65962.1, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
(4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
(b) The effective date of amendments referred to in this section shall be the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision.
(c) This section does not change or diminish existing requirements of local flood plain management laws, ordinances, resolutions, or regulations necessary to local agency participation in the national flood insurance program.

SEC. 2.

 Section 65962 of the Government Code is amended to read:

65962.
 (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, each city and county within the Sacramento-San Joaquin Valley shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following:
(1) The facilities of the State Plan of Flood Control or other flood management facilities protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(2) The city or county has imposed conditions on the permit or discretionary entitlement that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress on the construction of a flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. For Except as provided in Section 65962.1, 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 65962.1 is added to the Government Code, to read:

65962.1.
 (a) For purposes of Sections 65865.5, 65962, and 66474.5, the Mossdale Tract shall achieve the urban level of flood protection by 2030.
(b) For purposes of this section, “Mossdale Tract” means an area of land identified as Reclamation District No. 17 on page 144 of Bulletin No. 37 (1930) of the Department of Water Resources, along with such contiguous urban and urbanizing areas to the east of the tract as would be subject to flooding from the San Joaquin River at an urban level of flood protection.

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 will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. For Except as provided in Section 65962.1, 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 of the Mossdale Tract. In particular, recent studies have shown that climate change is expected to be significantly more impactful to the San Joaquin River than to other Central Valley waterways, and climate change, coupled with delays in a federal study of the river basin, creates unique issues in achieving an urban level of flood protection by 2025 for the Mossdale Tract.
SECTION 1.Article 5.5 (commencing with Section 505) is added to Chapter 3 of Part 1 of Division 1 of the Food and Agricultural Code, to read:
5.5.Farmer Equity and Innovation Center
505.

For purposes of this article, the following terms have the following meanings:

(a)“Center” means the Farmer Equity and Innovation Center established pursuant to Section 506.

(b)“Limited-resource farmers and ranchers” has the same meaning as defined by the United States Secretary of Agriculture.

(c)“Program” means the program created pursuant to Section 506.

(d)(1)“Small- and moderate-scale diversified farms and ranches” means that term as defined by the center pursuant to paragraph (2).

(2)The center shall establish a methodology to determine whether a farm or ranch is a small- or moderate-scale diversified farm or ranch for purposes of this article based on an assessment of various factors over the preceding three-year period.

(e)“Socially disadvantaged farmers and ranchers” has the same meaning as defined in Section 512.

506.

(a)To ensure the continued economic viability of small- and moderate-scale diversified farms and ranches and promote diversity and equity in California agriculture, the University of California shall, no later than July 1, 2021, create a coordinated, statewide program to support the operators of those farms and ranches, prioritizing limited resource farmers and ranchers and socially disadvantaged farmers and ranchers.

(b)(1)The University of California shall establish a center, to be known as the Farmer Equity and Innovation Center, to administer the program.

(2)The center shall include the University of California’s Small Farm Advisors. The University of California shall increase its Small Farm Advisor positions to six.

(c)The program shall include, but not be limited to, the following activities:

(1)Applied research on the following subjects:

(A)Effective farm and ranch management using culturally relevant practices.

(B)Effective marketing of culturally relevant crops.

(C)Efficient water management.

(D)Management practices to conserve and promote air quality.

(2)Outreach regarding the subjects in paragraph (1), including, but not limited to, the following:

(A)Operation of extension programs.

(B)Publication of educational materials.

(3)Informational services on assistance provided by or through the center or nonprofit organizations with a track record of helping the operators of small- and moderate-scale diversified farms and ranches.

(d)Services and materials provided under the program shall be multilingual, in appropriate languages.

507.

The program may include special training for new and beginning farmers and ranchers, prioritizing socially disadvantaged farmers and ranchers, through means, including, but not limited to, the following:

(a)Grants and technical assistance to nonprofit organizations with a track record of supporting and training socially disadvantaged farmers and ranchers.

(b)Partial reimbursement of internship costs for on-the-job training at farms and ranches with successful business models for innovation, diversification, and economic viability.

508.

No later than five years after the creation of the program, the University of California shall conduct a study to determine, and issue a report containing, a demographic breakdown of farmers and ranchers who participate in the program. The breakdown shall be by categories, including, but not limited to, the following:

(a)Location.

(b)Race and ethnicity.

(c)Acreage of farmland or rangeland.

(d)Acreage of total land owned.

(e)Crops grown and the acreage of each crop.

(f)Crop yields.

(g)Gross profits.

509.

(a)This article shall apply to the University of California only if the Regents of the University of California act, by appropriate resolution, to accept the responsibility for creating the program pursuant to Section 506.

(b)Implementation of this article is contingent upon an appropriation by the Legislature in the annual Budget Act or other statute for its purposes.