AB 921

Bill Subjects

Abstract

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.