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2013 Flood Legislation Amendments Overview: SB 1278 & AB 1965

Learn about modifications to flood legislations with key aspects such as compliance deadlines, flood maps release dates, zoning ordinance changes, and more in this detailed summary of SB 1278 and AB 1965. Understand how these bills impact urban flood protection requirements and find out the deadlines for achieving a higher level of flood protection for cities and counties. Discover the clarified definitions and exemptions provided in the legislation for better flood risk management.

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2013 Flood Legislation Amendments Overview: SB 1278 & AB 1965

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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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