BILL ANALYSIS Ó SB 554 Page 1 Date of Hearing: June 29, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 554 (Wolk) - As Amended January 4, 2016 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|10 - 3 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill repeals the July 1, 2018 sunset date for the Delta Levee Subventions program. Specifically, this bill permanently establishes the state's 75% maximum share for Delta levee maintenance costs in excess of $1,000 per mile. FISCAL EFFECT: Potential annual cost pressures, likely in the millions of dollars (GF), to fund local projects to improve and maintain levees. Without this bill, the state cost share formula would SB 554 Page 2 decrease from 75% to 50% on July 1, 2018. According to the Department of Finance (DOF), eliminating the sunset date will result in greater state expenditures per project than would be the case under current law. However, the Department of Water Resources (DWR) indicates many local governments find it difficult to meet the current 25% local match, so it is unclear how many projects would be eligible for state funding at the 50% match level. COMMENTS: 1)Purpose. According to the author, the maintenance of Delta levees is important to reduce flood risk and ensure the Delta can continue to serve its many valuable uses such as fertile farmland, water conveyance, and a rich estuary ecosystem. By continuing the current cost share formula, this bill will ensure Delta reclamation districts are able to afford to maintain and improve their levees. 2)Background. The Delta Levee Subventions Program provides state funding to local agencies for the rehabilitation and maintenance of levees in the Sacramento-San Joaquin Delta. In 1996, the Legislature temporarily established the reimbursement rate to be up to 75% of any costs incurred in excess of $1,000 per mile depending on the agency's ability to pay. This rate was to be reduced to 50% on July 1, 2006. However, the Legislature subsequently extended this date several times and the higher reimbursement rates are currently authorized until July 1, 2018. 3)Funding history. Chapter 718, Statutes of 2010 (SB 855) allocated $170 million of Proposition 1E and $32 million of Proposition 84 funding for projects intended to reduce the risk of levee failure in the Sacramento-San Joaquin Delta. SB 554 Page 3 The 2016-17 Budget includes $60 million for local assistance expenditures in the Delta. DWR indicates that an additional $70 million is still available from the 2015-16 Budget Act. Of these funds, about 40 percent, or $62 million, will go toward the Subventions program. The state's share of program costs ranges from $6 to$12 million annually, and state reimbursement of eligible costs is typically near 75 percent for projects. Based on annual costs of $6 to $12 million a year, DWR predicts that available and eligible bond funding will last between 5 and 10 years. Proposition 1 provided $295 million to reduce the risk of levee failure and flood in the Delta, of which local assistance through the subventions program is an eligible use. 4)Water Action Plan. The Delta Stewardship Council, in consultation with local agencies and various state agencies, is in the process of developing state investment priorities for Delta Levees consistent with the Delta Reform Act of 2009, for levees that are a part of the State Plan of Flood Control, and for nonproject levees. The author may wish to consider extending rather than eliminating the sunset provision to coincide with the completion of the state's work to identify investment priorities. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 SB 554 Page 4