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CVFPB Legislation – 2007-2010

CVFPB Meeting January 11, 2013. CVFPB Legislation – 2007-2010. Nicole Rinke, Deputy Attorney General. The 2007 Legislation. AB 156. Requires DWR and Board to prepare , maintain, and adopt maps for levee flood protection zones and a schedule for mapping areas at risk of flooding.

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CVFPB Legislation – 2007-2010

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  1. CVFPB Meeting January 11, 2013 CVFPB Legislation – 2007-2010 Nicole Rinke, Deputy Attorney General

  2. The 2007 Legislation

  3. AB 156 • Requires DWR and Board to prepare , maintain, and adopt maps for levee flood protection zones and a schedule for mapping areas at risk of flooding. • Requires annual reporting on status of project levees • Authorizes local agencies to propose levee upgrades. • Requires Annual notice to properties within a levee flood protection zone. • Authorizes coordination with federal and local agencies to design environmental enhancements. • Conditions the allocation of state funds for levee upgrades in urban areas on local, city, and county agreement to adopt a safety plan within two years.

  4. AB 5 • Renamed Reclamation Board to Central Valley Flood Protection Board and made the Board an independent state agency from DWR. • Added terms regarding the appointment of members. • Required Board to comply with conflict of interest provisions. • Added prohibition on and reporting requirements for ex parte communications. • Required Board to adopt regulations for the conduct of evidentiary hearings and added required considerations for permit approvals

  5. SB 5 • Adoption of CVFPP by July 1, 2012 with 5 year updates. • All local agencies to amend their general plan in conformance with the CVFPP within 2 years of CVFPP adoption and zoning ordinances within 12 months. • Prohibits local agencies from approving development unless adequate progress toward or attainment of 200 year flood protection. • All urban areas to meet 200-year level of flood protection by 2025.

  6. A.B. 70 • If State is held liable for flood damage, city/county will also be liable if it has increased the state’s exposure to liability for property damage by “unreasonably approving” new development in a previously undeveloped area. • No liability if have only approved development after a finding of adequate progress towards or attainment of urban level of flood protection

  7. A.B. 162 • Requires each local agency to submit the safety element of its general plan to the Board for review and comment

  8. The 2009 Legislation

  9. A.B. 1165 • Authorized Board to issue cease and desist orders and seek civil penalties • Amended ex parte communication prohibition to clarify when it attaches. • Authorized Board to delegate matters to Executive Officer . • Limits the Sate’s liability to facilities identified as part of the State Plan for Flood Control .

  10. The Delta Legislation

  11. SB 1 • Created Delta Stewardship Council & Sacramento-San Joaquin Delta Conservancy; revised composition of Delta Protection Commission. • Required DSC to draft a Delta Plan by January 1, 2012 and to consult with the Board on flood issues. • Requires a Board member to act as an advisory liaison to the Sacramento-San Joaquin Delta Conservancy .

  12. CVFPB 2007 – 2010 Legislation Questions?

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