BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1788|
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                                 THIRD READING


          Bill No:  AB 1788
          Author:   Yamada (D)
          Amended:  7/15/10
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  9-0, 6/29/10
          AYES:  Pavley, Cogdill, Hollingsworth, Huff, Kehoe,  
            Lowenthal, Padilla, Simitian, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 8/12/10
          AYES:  Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,  
            Price, Walters, Wolk, Wyland, Yee

           ASSEMBLY FLOOR  :  77-0, 6/1/10 - See last page for vote


           SUBJECT  :    Water development projects:  state financial  
          assistance

           SOURCE  :     California Central Valley Flood Control  
          Association


          DIGEST  :    This bill changes the income threshold for  
          additional flood control funding provided by the state to  
          local governments, such that more low income communities  
          will qualify for increased funding.

           ANALYSIS  :    Existing law:

          1.Requires specific percentages of nonfederal (i.e. state  
            and local) cost sharing for federal flood control  
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            projects. 

          2.Allows the state to increase the state share of the  
            nonfederal capital costs of a flood control project from  
            50 percent to up to 70 percent if the project would  
            increase the level of flood protection in an area with a  
            median household income that is less than 120 percent of  
            the federal poverty level, as defined by the Department  
            of Finance. 

          3.Changes the name of the Reclamation Board to the Central  
            Valley Flood Protection Board. 

          This bill:

          1.Changes the standard for providing additional state  
            funding based on median incomes in a community.  Under  
            the bill, the state may provide up to 70 percent of the  
            non-federal cost share for "disadvantaged communities"  
            which is defined in the Water Code as a community with  
            annual median household income less than 80 percent of  
            the statewide median household income.

          2.Corrects the name of the former Reclamation Board to the  
            Central Valley Flood Protection Board. 

           Background
           
          Under the State Water Resources Law of 1945, the state may  
          participate in funding local flood control projects that  
          are authorized by the Legislature and that meet specified  
          criteria.  State authorization for funding of a flood  
          control project is contingent upon preceding federal  
          statutory authorization of the project. 

          Consistent with state law (AB 1147, Honda, Chapter 1071,  
          Statutes of 2000), the state must contribute a portion of  
          the capital costs of the non-federal share (meaning the  
          costs paid by state or local governments of federal flood  
          control projects that have been authorized by the state).   
          In most cases, the state portion is 50 percent of the  
          non-federal share.  If the area to be benefited by that  
          project is economically disadvantaged, the state can  
          increase its share of the non-federal flood control project  

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          costs to up to 70 percent. 

          The determination of whether an area is economically  
          disadvantaged, and therefore qualifies for an increased  
          state payment of the non-federal share, is currently based  
          on a whether a project increases flood protection in an  
          area with a median household income less than 120 percent  
          of the federal poverty level.  Such a comparison to federal  
          median income levels doesn't take into consideration that,  
          while California average income levels are higher,  
          California costs of living are also higher. 

          This bill determines eligibility for the state to pay up to  
          70 percent of the non-federal share by comparing the number  
          of families living in poverty in the area to be benefited  
          against the median percentage of families living in poverty  
          in California.  If the area to be benefited is at least 150  
          percent of the California average, it would be eligible. 

          As of 2009, there were about $82 million in claims for  
          subventions for approved flood control projects.  There is  
          about $350 million remaining in unappropriated Proposition  
          1E funds for flood control subventions. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund  
          Revising guidelines                                     
          Absorbable within existing resources                    
          Bond*
          Cost pressure on bond funds                  Likely in the  
          millions                                                
          Bond*

          * Propositions 1E and 84.

           SUPPORT  :   (Verified  8/16/10)


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          California Central Valley Flood Control Association
          Association of California Water Agencies
          Contra Costa County Board of Supervisors
          County of Yolo Board of Supervisors 


           ARGUMENTS IN SUPPORT  :    Supporters, including numerous  
          local governments, contend this bill would result in  
          increased funding for important flood control projects,  
          especially in areas of the state with relatively high rates  
          of poverty. 


           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, Norby, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Tom Berryhill, Audra Strickland 


          CTW:nl  8/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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