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AB-921 Flood protection: City of West Sacramento flood risk reduction project.(2021-2022)

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Date Published: 02/17/2021 09:00 PM
AB921:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 921


Introduced by Assembly Member McCarty

February 17, 2021


An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add Section 65962.2 to, the Government Code, to add Sections 12670.5 and 50600.1 to the Water Code, and to add Section 1.5 to Chapter 100 of the Statutes of 1911, relating to flood protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 921, as introduced, McCarty. Flood protection: City of West Sacramento flood risk reduction project.
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 City of West Sacramento, as defined, to achieve the urban level of flood protection by 2030.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a project for flood control along the American and Sacramento Rivers, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board.
This bill would adopt and approve the West Sacramento Project for flood risk reduction along the Yolo Bypass, Sacramento Bypass, and Sacramento River, which was adopted and approved by a specific act of the United States Congress in 2016, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation, upon the recommendation and advice of the department or the board.
Existing law creates, and establishes the boundaries of, Reclamation District Number 900. Under existing law, it is the responsibility, liability, and duty of the district to maintain and operate the works of the project within its boundaries or jurisdiction, except as specified. Existing law authorizes certain local agencies to petition the board or department to dissolve a maintenance area and authorizes the board or department, after a hearing, to dissolve the maintenance area if in its discretion it finds dissolution to be in the best interests of the state.
This bill would the require the Board of Trustees for Reclamation District No. 900, to be composed of 5 members selected and appointed by the City Council of the City of West Sacramento, which trustees may be members of the city council and shall be residents of the City of West Sacramento. The bill would require the appointments to be made in the manner set forth by law relating to appointments by the City of West Sacramento. The bill would set forth other requirements regarding members of the board, including establishing a 4-year term.
The bill would specify that the district also includes the parcels that compose Maintenance Area 4, as specified. The bill would authorize Maintenance Area 4 to be dissolved only upon the execution of the assurance agreement and assumption of project levee maintenance responsibilities by the district, or by a member agency that is a signatory to the assurance agreement, for the state maintenance area.
By increasing the district’s boundaries and jurisdiction to include Maintenance Area 4, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of West Sacramento.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) Flood control on the Yolo Bypass, Sacramento Bypass, and Sacramento River protecting the City of West Sacramento in the County of Yolo, was authorized by the United States Congress as the Sacramento Metro Area Flood Control Project in Section 101(4) of the Water Resources Development Act of 1992 (Public Law 102-580), the Energy and Water Development Appropriations Act of 1999 (Public Law 105-245), and is a part of the Sacramento River Flood Control Project, which was authorized by the United States Congress on March 1, 1917, and amended on May 16, 1928, August 26, 1937, August 18, 1941, August 17, 1954, and July 16, 1960.
(b) Changes in federal and state engineering standards led to the West Sacramento Area Flood Control Agency partnering with the United States Army Corps of Engineers and the Department of Water Resources to coordinate efforts on the development of technical documents and a General Reevaluation Report for the West Sacramento Project.
(c) In 2007, property owners in the City of West Sacramento approved a special benefit assessment to fund the local share of the cost of levee improvement projects along the Yolo Bypass and Sacramento River, to meet federal design standards and California 200-year urban levee design criteria and to achieve an urban level of flood protection as defined by the state.
(d) Changes in federal and state engineering standards significantly affected the scope and expected cost of the West Sacramento Project. These changes are reflected in a series of engineering and environmental impact studies prepared by the United States Army Corps of Engineers with the cooperation of the Department of Water Resources, the Central Valley Flood Protection Board, and the West Sacramento Area Flood Control Agency. These studies supported federal authorization of regional improvements to the Sacramento River Flood Control Project, including federal authorizations in the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), for strengthening the levee system that protects the City of West Sacramento.
(e) A modification to the state authorization is needed to accommodate federally authorized levee improvements along the Yolo Bypass, Sacramento Bypass, and Sacramento River authorized by the United States Congress as part of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in the Report entitled “West Sacramento Project General Reevaluation Report” dated December 2015 and to meet state and local flood risk reduction objectives.

SEC. 2.

 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 Section 65962.1, Sections 65962.1 and 65962.2, 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 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. Except as provided in Section 65962.1, Sections 65962.1 and 65962.2, 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. 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. Except as provided in Section 65962.1, Sections 65962.1 and 65962.2, 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 69562.2 is added to the Government Code, to read:

69562.2.
 (a) For purposes of Sections 65865.5, 65962, and 66474.5, the City of West Sacramento shall achieve the urban level of flood protection by 2030.
(b) For purposes of this section, “City of West Sacramento” means the incorporated area in the County of Yolo as identified in Resolution No. 86-112 of the County of Yolo Board of Supervisors at Yolo County Official Records Book 1801, pages 384 through 403, and Book 1801, pages 368 through 382.

SEC. 6.

 Section 12670.5 is added to the Water Code, to read:

12670.5.
 The West Sacramento Project for flood risk reduction along the Yolo Bypass, Sacramento Bypass, and Sacramento River adopted and authorized by the United States Congress in the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), is hereby adopted and approved substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers in the Report entitled “West Sacramento Project General Reevaluation Report” and dated December 2015, at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation, upon the recommendation and advice of the department or the board.

SEC. 7.

 Section 50600.1 is added to the Water Code, to read:

50600.1.
 (a) Notwithstanding Section 50600 of this code and Section 57534 of the Government Code, the Board of Trustees for Reclamation District No. 900, a subsidiary district of the City of West Sacramento, shall be composed of five members selected and appointed by the City Council of the City of West Sacramento, which trustees may be members of the city council and shall be residents of the City of West Sacramento. The appointments shall be made in the manner set forth by law relating to appointments by the City of West Sacramento.
(b) The term of the trustees appointed pursuant to subdivision (a) shall be four years from the date of appointment. The trustees shall serve at the pleasure of the City Council of the City of West Sacramento and the City Council of the City of West Sacramento may replace a trustee before the end of the term in the manner set forth by law relating to appointments by the City Council of the City of West Sacramento.

SEC. 8.

 Section 1.5 is added to Chapter 100 of the Statutes of 1911, to read:

Sec. 1.5.

 (a) The boundaries of, and territory included within, the reclamation district shall incorporate the parcels that compose Maintenance Area 4, as established by the former Reclamation Board under a resolution adopted January 24, 1951, and recorded February 2, 1951, in Book 337, page 380 and following, Official Records of the County of Yolo.
(b) Maintenance Area 4 may be dissolved only upon the execution of the assurance agreement and assumption of project levee maintenance responsibilities by the reclamation district, or by a member agency that is a signatory to the assurance agreement, for the maintenance area, in accordance with Sections 8370, 8618, 12642, and 12828 of the Water Code.

SEC. 9.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 10.

 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 City of West Sacramento. In particular, recent challenges due to the COVID-19 pandemic, coupled with delays in federal design and construction funding, creates unique issues in achieving an urban level of flood protection by 2025 for the City of West Sacramento.