SB639 - Zoning: Sacramento-San Joaquin Valley.

Senate Bill No. 639 CHAPTER 777 An act to amend Sections 65865.5, 65962, and 66474.5 of, and to add Section 65962.4 to, the Government Code, and to amend Section 8307 of the Water Code, relating to land use. [ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 639, Ashby. Zoning: Sacramento-San Joaquin Valley. Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan. Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on 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 intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving 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 after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above. Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above. This bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Marysville, the City of Sacramento, the County of Sacramento, the County of Sutter, and the County of Yuba that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require a city or county listed above to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, until the city or county finds the area has met the urban level of flood protection. The bill would make a related technical change. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, County of Sutter, County of Yuba, City of Marysville, and City of Sacramento. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. 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 Sections 65962.1, 65962.2, and 65962.4, 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. 2. 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 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 Sections 65962.1, 65962.2, and 65962.4, 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 65962.4 is added to the Government Code, to read: 65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030: (1) The Natomas subarea of the City of Sacramento. (2) The Beach Lake subarea of the City of Sacramento and the Beach Lake subarea of the unincorporated area of the County of Sacramento. (3) The portions of the Natomas subarea located in the unincorporated area of the County of Sacramento and the portions of the Natomas subarea located in the unincorporated area of the County of Sutter. (4) The City of Marysville protected by the Marysville Ring Levee located in the City of Marysville in the County of Yuba. (b) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Marysville, the City of Sacramento, the County of Sacramento, the County of Sutter, or the County of Yuba may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the state’s exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), (3), or (4) of subdivision (a) until the city or county finds that the area has met the urban level of flood protection as defined in subdivision (n) of Section 65007. (c) For purposes of this section, the following definitions apply: (1) “Beach Lake subarea of the City of Sacramento” means the area within the City of Sacramento bounded on the north by Sutterville Road, on the west and south by the city limits, and on the east by Highway 99. (2) “Beach Lake subarea of the unincorporated area of the County of Sacramento” means the unincorporated area of the County of Sacramento that is bounded on the west by the Sacramento River, on the north by the City of Sacramento city limits, on the east by Franklin Boulevard, and on the south by the City of Elk Grove city limits to Interstate 5 and along the North Beach Lake Levee from west of Interstate 5 to the Sacramento River. (3) “City of Marysville” means the incorporated area of the City of Marysville as identified in the 2021–29 General Plan Housing Element Update adopted by Resolution 2021–34 by the Marysville City Council on November 16, 2021. (4) “City of Sacramento” means the incorporated area in the City of Sacramento identified in Resolution No. 2021-0001, adopted by the Sacramento Independent Redistricting Commission, December 16, 2021, entitled “Establishing the Sacramento City Council District Boundaries Pursuant to the Sacramento City Charter, the California Elections Code, and the 2020 United States Census.” (5) “Natomas subarea” means any of the following: (A) The area within the City of Sacramento bounded on the north and west by the city limits, on the south by the Garden Highway or Arden-Garden Connector, and on the east by East Levee Road. (B) The unincorporated area of the County of Sacramento that is bounded on the north and west by the unincorporated County of Sacramento limits, on the east by East Levee Road, and on the south by Interstate 80. (C) The unincorporated area of the County of Sutter that is bounded by the Sacramento River, the Natomas Cross Canal, the Pleasant Grove Creek Canal or Steelhead Creek, and the unincorporated County of Sutter limits. 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 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 Sections 65962.1, 65962.2, and 65962.4, 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 8307 of the Water Code is amended to read: 8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the state’s exposure to liability for property damage by unreasonably app [Text truncated for display. Full text available on Congress.gov.]