BILL ANALYSIS
SB 991
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 991 (Wolk) - As Amended: April 7, 2010
SENATE VOTE : 21-14
SUBJECT : Flood Control: Appropriation
SUMMARY : Appropriates $30 million in bond funds from
Proposition 1E for flood control projects that improve the
sustainability of the Delta. Specifically, this bill :
1)Appropriates $30 million from the Disaster Preparedness and
Flood Prevention Bond Fund of 2006 (Proposition 1E) to the
Department of Water Resources (DWR) for flood protection
projects that improve the sustainability of the Sacramento-San
Joaquin Delta, including but not limited to, projects that
reduce the risk of levee failure that would jeopardize water
conveyance.
2)Requires DWR to expedite the evaluation of nonurban levees on
the west bank of the Sacramento River that protect
unincorporated communities and consider a joint project with
local government agencies for improving flood bypass
facilities as multibenefit flood control facilities.
EXISTING LAW :
1)Proposition 1E, ratified by the voters in 2006, authorized the
expenditure of $4.1 billion in general obligation bonds for
various flood management activities, and authorized $3 billion
of that amount to evaluate, repair and restore existing levees
in the state's Central Valley flood control system, improve or
add facilities to increase flood protection for urban areas in
the state's Central Valley flood control system, and reduce
the risk of levee failure in the Delta.
2)SB 8 (Steinberg), Chapter 2, Statutes of 2009-10 Seventh
Extraordinary Session, appropriated $170 million of
Proposition 1E funds to DWR to reduce the risk of levee
failure in the Delta that would jeopardize water conveyance.
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FISCAL EFFECT : Appropriates $30 million in bond funds.
COMMENTS : The author of this bill notes that sustainability of
the Delta is critical to protect the water supplies for 23
million Californians, to support the multi-billion dollar
agricultural economy of the Delta and Central Valley, and to
support the ecosystem of the largest estuary in the Western
Hemisphere. The author also asserts this bill will create some
500 construction jobs and provide flood protection assistance
and levee repairs for the Delta. Though the language of this
bill states that the funds are appropriated for projects that
improve sustainability of the Delta, the language also directs
DWR to expedite evaluation of nonurban levees on the west bank
of the Sacramento River that protect unincorporated communities
and consider a joint project with local government agencies for
improving flood bypass facilities. Thus, while this bill does
not specifically require that the funds by used for such
projects on the west side of the Delta, that intent could be
implied from the language of this bill.
While it is within the Legislature's authority to set priorities
for expenditure of state flood protection funding, the committee
may wish to consider whether the language in this bill,
requiring DWR to expedite the evaluation of nonurban levees on
the west bank of the Sacramento River that protect
unincorporated communities, is consistent with other policies
set by the Legislature for prioritizing expenditure of public
funding for flood protection. For example, in 2007 the
Legislature passed SB 5 (Machado), Chapter 364, Statutes of
2007, which set policies for prioritization of state flood
protection under the State Plan of Flood Control, for projects
that protect urban areas, that provide significant system-wide
benefits for managing flood risks, that reduce risk to human
life, health and safety, that protect pubic infrastructure, and
that meet multiple benefits. It is appropriate that the
Legislature, in setting priorities for expenditure of state
funds for flood protection, consider the specific state interest
at issue. The committee may wish to consider whether this
language implies a shift in Legislative policy priorities for
public flood protection funding.
Of the total $4.1 billion in bonds authorized in Proposition 1E,
approximately $2.1 billion has been appropriated to date,
including $170 million which was appropriated in last year's
Delta water package specifically to reduce risk of levee failure
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in the Delta that would jeopardize water conveyance. An
additional $340 million is proposed for appropriation in the
Governor's 2010-11 budget. This bill would appropriate an
additional $30 million specifically for flood protection
projects that improve the sustainability of the Delta. This
appropriation would be in addition to funds appropriated in the
budget. Why this appropriation is being done through
legislation rather than through the budget itself, or in a
trailer bill to the budget, is not entirely clear. By doing it
in legislation, the monies would not be available for use for
six months, whereas funds appropriated through the budget would
be available immediately upon enactment.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
California Central Valley Flood Control Association
Delta Counties Coalition
East Bay Municipal Utility District
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096