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Highlights of 2013 Flood Legislative Amendments: SB 1278 ( Wolk ) and AB 1965 (Pan)

Highlights of 2013 Flood Legislative Amendments: SB 1278 ( Wolk ) and AB 1965 (Pan) . These Bills, approved by the Governor on September 25, 2012, present several modifications to the existing flood legislations :

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Highlights of 2013 Flood Legislative Amendments: SB 1278 ( Wolk ) and AB 1965 (Pan)

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  1. Highlights of 2013 Flood Legislative Amendments:SB 1278 (Wolk) and AB 1965 (Pan) • These Bills, approved by the Governor on September 25, 2012, present several modifications to the existing flood legislations: • 1. Modified Trigger Date for Compliance: requires each city and county to amend its general plan within 24 months of July 2, 2013. • 2. Authorized Cities & Counties to Make Findings: authorizes a city or county to make a finding that the property in an “undetermined risk area” has met the urban level of flood protection. • 3. Set Due Date for Release of flood Maps and Data: require DWR, on or before July 2, 2013, to release floodplain maps (at a minimum for facilities of SPFC) and the available data as to the water surface elevation of flooding in urban areas. • 4. Specified Exemptions for Maps: DWR’s maps will be exempted from approval by CEQA, CESA and OAL. • 5. Clarified Source of Flooding: ULOP excludes “shallow flooding” and flooding from “local drainage”, if the FEMA standard is met. • 6. Clarified Several Definitions: including “adequate progress”, “nonurbanized area”, “undetermined risk area”, and so on.

  2. Comparison of State Legislations (SB 5 and SB 1278) and the Deadlines for Cities & Counties to Achieve Urban Level of Flood Protection • 2025 • July • 2015 • July • 2013 • July • 2014 • July • 2016 • 2025 • July • 2012 • July • 2015 Amend Zoning Ordinance • SB 1278 • Amend General Plan • SB 5 • Trigger Date after Adoption of CVFPP • Achieve Urban Level of Flood Protection (200- Year) 24 Months 12 Months • Notes: • SB 1278 (Wolk) approved by the Governor on September 25, 2012. • CVFPP = “Central Valley Flood Protection Plan” adopted by the Board on June 29, 2012. • SB 5 appears in Section 9612 of the Water Code; and Sections 65302.9 and 65860.1 of Government Code.

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