BILL ANALYSIS
SB 808
Page 1
Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 808 (Wolk) - As Amended: January 25, 2010
SENATE VOTE : 35-0
SUBJECT : Delta levee maintenance
SUMMARY : This bill extends the inoperative date on the current
Delta levee maintenance subvention program from July 1, 2010 to
July 1, 2013. Specifically, this bill :
1)Extends the current reimbursement rates, which allow the State
to pay local agencies up to 75% of levee maintenance costs
which exceed $1,000 per mile, to July 1, 2013.
2)Requires reimbursements to reflect the priorities of, and be
consistent with, the Delta Plan.
3)Amends the existing inoperative date of July 1, 2010 as an
urgency statute to take effect immediately.
EXISTING LAW:
1)Requires DWR to study the risks posed to the integrity of the
Delta by various hazards and to prioritize options for their
mitigation. This effort is known as the Delta Risk Management
Strategy (DRMS).
2)Establishes a planning framework for the Delta: the Delta
Plan. The Delta Plan is due January 2012 and will likely
incorporate the DRMS levee risk management results.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, because the bill will increase the maximum
state cost share, it will put pressure on existing bond funds,
which can be used for a variety of flood control projects,
including Delta subventions. The total cost pressures are
unknown, because the number and size of future funding requests
from local districts are unknown, but are anticipated to be in
the millions of dollars (Propositions 1E and 84).
COMMENTS : The Delta levees are the key physical element
SB 808
Page 2
maintaining 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 and Federal governments also rely upon them
to maintain the use of the Delta 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 in 1973 (Way, c. 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:
zero if the entire cost incurred per mile of levee is
$1,000 or less
up to 75% 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.
In the absence of this legislation, the reimbursement rate will
become the following on July 1, 2010:
zero if the entire cost incurred per mile of levee is
$1,000 or less (no change)
50% of any costs incurred in excess of $1,000 per mile
of levee would be paid by the State.
According to the author, "the Delta levee system serves both
local and substantial State interests. Regardless of future
decisions on [water] conveyance within the Delta, in the near
term, Delta levees will continue to be the sole tool for water
conveyance for the SWP and CVP. The Delta Levee Subvention
Program's 75-25 cost-sharing formula has allowed local
reclamation districts to afford to maintain and improve their
levees, thereby protecting the system. If the formula returns
to a 50-50 split, then the many small districts with a limited
economic base would not be able to afford to maintain the Delta
levees adequately."
Last year's historic Delta legislation SB7X 1 (Simitian, c. 5,
Statutes of the 7th Extraordinary Session, 2009 - 2010) creates
the Delta Stewardship Council (Council) and requires the Council
SB 808
Page 3
to develop a Delta Plan which includes priorities for levee
investments within the Delta. The Delta Plan is due January 1,
2012. Although the author's office originally sought a 6-year
extension of the program, "in order to sustain Delta maintenance
programs" during the transition to the Delta Plan, the author's
office subsequently amended the bill to extend the date to 2013
and include Delta Plan consistency language. As the author
states, SB 808 continues the Delta Levee Subventions program and
supports levee maintenance while "the State reassesses the
direction it will pursue in protecting the Delta."
General Fund contributions to this program are capped at $2
million per year.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
California Central Valley Flood Control Association
California Partnership for the San Joaquin Valley
Contra Costa County
County of Sacramento
East Bay Municipal Utility District
Five-Delta County Coalition
North Delta Water Agency
Regional Council of Rural Counties
San Diego County Water Authority
Valley Ag Water Coalition
Opposition
None on file.
Analysis Prepared by : Tina Leahy / W., P. & W. / (916)
319-2096