BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 1788
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1788 (Yamada)
          As Amended  July 15, 2010
          Majority vote
          
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          |ASSEMBLY:  |77-0 |(June 1, 2010)  |SENATE: |35-0 |(August 19,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    W., P. & W.  

           SUMMARY  :   Changes the eligibility criteria under which a flood  
          control project in a disadvantaged community may receive  
          increased state funding and corrects the name of the former  
          Reclamation Board to the Central Valley Flood Protection Board.

           The Senate amendments  delete the eligibility criterion defining  
          a disadvantaged community as one that has a household poverty  
          rate 150% higher than the state average and, instead, use the  
          existing Water Code definition of a disadvantaged community as  
          the criterion.

           EXISTING LAW  

          1)Requires specific percentages of nonfederal (i.e., state and  
            local) cost sharing for federal flood control projects and  
            allows the state to increase the state share of the nonfederal  
            capital costs of a flood control project from 50% to up to 70%  
            if the project would increase the level of flood protection in  
            an area with a median household income that is less than 120 %  
            of the federal poverty level, as defined by the Department of  
            Finance.

          2)Defines a "disadvantaged community" as on with an annual  
            median household income that is less than 80% of the statewide  
            annual median household income.

           AS PASSED BY THE ASSEMBLY  , this bill changed the criterion which  
          would enable a disadvantaged community to be eligible for an  
          increased state share of the nonfederal capital costs of a flood  
          control project from requiring a median income that is less than  
          120 % of the federal poverty level to a California-based  
          standard of a household poverty 150 % higher than the state  








                                                                           
           AB 1788
                                                                  Page  2

          average.
           
          FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, this bill will put pressure on existing bond funds  
          for additional funding, reducing the amount of funding available  
          for other projects.  The amount of this cost pressure is  
          unknown, but potentially in the millions of dollars, and will  
          depend on future flood control project applications.  For  
          example, in 2008, 120 % of the federal poverty level was about  
          $25,000. On the other hand, 80 % of the statewide median  
          household income was about $49,000. Therefore, under this bill,  
          more communities would be eligible for additional flood control  
          funding. 

          COMMENTS  :   This bill, as amended in the Senate, still addresses  
          the potential inequity of using a federal poverty standard as an  
          eligibility criterion in California, where costs of living are  
          higher, by shifting to a state-based standard.  However, it  
          avoids creating potentially inconsistent definitions of  
          disadvantaged communities by referencing an existing standard in  
          the Water Code.  

           Analysis Prepared by  :    Tina Cannon Leahy / W., P. & W. / (916)  
          319-2096 
          FN: 0005961