BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 808|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 808
Author: Wolk (D), et al
Amended: 1/25/10
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 1/12/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe, Leno,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : 9-0, 1/21/10
AYES: Kehoe, Cox, Corbett, Denham, Leno, Liu, Price,
Walters, Yee
SUBJECT : Delta levee maintenance
SOURCE : Author
DIGEST : This bill extends the sunset on the current
Delta levee maintenance subvention programs 75 percent-25
percent reimbursement rate from July 1, 2010 to July 1,
2013.
ANALYSIS :
Existing law
1. Establishes a delta levee maintenance program pursuant
to which a local agency may request reimbursement for
costs incurred in connection with the maintenance or
improvement of project or nonproject levees in the
CONTINUED
SB 808
Page
2
Sacramento-San Joaquin Delta.
2. Declares legislative intent to reimburse eligible local
agencies under this program, until July 1, 2010, in an
amount not to exceed 75 percent of those costs that are
incurred in excess of $1,000 per mile of levee, and on
and after that date, in an amount not to exceed 50
percent of those described costs.
3. Authorizes, until July 1, 2001, the Central Valley Flood
Protection Baord to provide funds to an eligible local
agency under this program in the form of an advance in
an amount that does not exceed 75 percent of the
estimated state shares.
This bill extends the sunset on the current Delta levee
maintenance subvention program's 75 percent, 25 percent
reimbursement rate from July 1, 2010 to July 1, 2013, and
directs the program to reflect specified priorities and be
consistent with the Delta plan.
Background
The Delta levees help maintain the Delta in its current
state and are essential for the protection from flooding of
human life, property (e.g. buildings, equipment, and crops,
among others), water quality and wildlife habitat. While
the Delta levees are mostly private, the State relies upon
them to maintain the Delta in its current state as a water
conveyance system for the State Water Project (SWP) and the
federal Central Valley Project (CVP).
The Delta levee maintenance subvention program was created
by SB 541 (Way), Chapter 717, Statutes of 1973. The
program has been modified periodically since its inception
and currently provides reimbursement funds to local
agencies for costs incurred in any year for the maintenance
or improvement of project or non-project levees. Until
June 30, 2010 the reimbursement rate is: (1) zero if the
entire cost incurred per mile of levee is $1,000 or less;
and (2) up to 75 percent of any costs incurred in excess of
$1,000 per mile of levee would be paid by the State based
upon an assessment of the agency's ability to pay.
SB 808
Page
3
On July 1, 2010 the reimbursement rate will become: (1)
zero if the entire cost incurred per mile of levee is
$1,000 or less (no change); and (2) 50 percent of any costs
incurred in excess of $1,000 per mile of levee would be
paid by the State. General Fund contributions to this
program are capped at $2 million per year.
Comments
The Delta Plan - AB 798 (Wolk), Chapter 548, Statutes of
2006 provided a four-year extension (2006 to 2010) to the
Delta levee maintenance subventions program. The 2010
sunset date in AB 798 was based on the anticipated
completion of levee funding priorities, as required by AB
1200 (Laird), Chapter 573, Statutes of 2005.
AB 1200 required the Department of Water Resources (DWR) to
study the risks posed to the integrity of the Delta by
various hazards (see Water Code sections 139.2 and 139.4)
and to prioritize options for their mitigation. This
report, produced in January 2008, provided the preliminary
results of Delta Risk Management Strategy (DRMS). DWR, in
collaboration with other organizations, created DRMS in
response to AB 1200. Phase I of DRMS - an analysis of the
various risks to levees and the local and statewide
consequences of levee failure - was completed in early
2009. Phase II of the DRMS, which identifies and analyzes
various scenarios to reduce the risks and consequences of
levee failure, is not yet completed. According to DWR, the
timeline for completion of Phase II is uncertain at this
point due to the State's budget issues.
Last November, SB7X 1 (Simitian), Chapter 5, Statutes of
the 7th Extraordinary Session '09 established a new
planning framework for the Delta - the Delta Plan. The
Delta Plan will likely incorporate the levee risk
management results of the DRMS studies and is due in
January 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
SB 808
Page
4
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Bond fund availability Cost pressures
in the millions Bonds*
*Propositions 1E and 84
CTW:do 1/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****