BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 991
                                                                  Page  1

          SENATE THIRD READING
          SB 991 (Wolk)
          As Amended  August 20, 2010
          Majority vote

           SENATE VOTE  :21-14  
           
           WATER, PARKS & WILDLIFE      8-4APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Huffman, Arambula,        |Ayes:|Fuentes, Bradford,        |
          |     |Blumenfield, Caballero,   |     |Huffman, Coto, Davis, De  |
          |     |Gatto, Bonnie Lowenthal,  |     |Leon, Gatto, Hall,        |
          |     |Salas, Yamada             |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Fuller, Anderson, Tom     |Nays:|Conway, Harkey, Miller,   |
          |     |Berryhill, Fletcher       |     |Nielsen, Norby            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 do either or both of the following:

               a)     Improve the sustainability of the Sacramento-San  
                 Joaquin Delta (Delta), including, but not limited to,  
                 projects that reduce the risk of levee failure that would  
                 jeopardize water conveyance.

               b)     Implement flood management actions in the Delta before  
                 the adoption of the Central Valley Flood Protection Plan,  
                 as part of a multi-benefit project that complements  
                 activities to be developed under the Central Valley Flood  
                 Protection Plan.  Makes such projects subject to provisions  
                 of existing law applicable to other flood control projects  
                 implemented prior to adoption of the Central Valley Flood  
                 Protection Plan.  

          2)Requires DWR to expedite the evaluation of nonurban levees on  
            the west bank of the Sacramento River that protect  







                                                                  SB 991
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            unincorporated communities and authorizes DWR to study and  
            implement a joint project with local government agencies for  
            improving flood bypass facilities as multi-benefit flood control  
            facilities, to the extent those projects are consistent with  
            adopted state policies.

           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.

          3)Requires DWR to prepare a Central Valley Flood Protection Plan  
            by no later than January 1, 2012 and requires the Central Valley  
            Flood Protection Board to adopt the plan by no later than July  
            1, 2012.    

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)One-time $30 million appropriation to DWR (Proposition 1E bond  
            funds).

          2)Cost pressure of an unknown amount, but potentially in the  
            millions of dollars, to fund projects for nonurban levees on the  
            west bank of the Sacramento River that protect unincorporated  
            communities and for a joint project with local governments for  
            improving flood bypass facilities (Proposition 1E 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  







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          the Delta.  This bill states that these funds are appropriated for  
          projects that either improve sustainability of the Delta or  
          implement flood management actions prior to adoption of the  
          Central Valley Flood Protection Plan, as part of a multi-benefit  
          project that complements activities to be developed under that  
          Plan.  This bill also directs DWR to expedite evaluation of  
          nonurban levees on the west bank of the Sacramento River that  
          protect unincorporated communities, and authorizes DWR to study  
          and implement a joint project with local government agencies for  
          improving flood bypass facilities.  

          Under existing law, DWR is required to prepare the Central Valley  
          Flood Protection Plan (Plan) by January 1, 2012, and the Central  
          Valley Flood Protection Board is required to adopt the Plan by  
          July 1, 2012.  Until the Plan is adopted, existing law authorizes  
          DWR to implement flood protection improvements for urban areas  
          protected by the State Plan of Flood Control if the DWR director  
          determines that certain criteria are met.  Those criteria include  
          that the improvements are necessary and require state funding  
          before the Plan is completed, will reduce or avoid risk to human  
          life in one or more urban areas, will not impair or impede future  
          changes to regional flood protection or to the Plan, will be  
          maintained by a local agency that has committed sufficient funding  
          to maintain both the existing and improved facilities of the State  
          Plan of Flood Control, affected local agencies will have  
          sufficient revenue resources for operation and maintenance, the  
          project will be ready for implementation when the funds are  
          allocated, and the improvements comply with existing law.  This  
          bill requires that projects funded with the funds appropriated by  
          this bill either meet these requirements or improve sustainability  
          of the Delta, or both.    

          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 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.

           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096
                                                                  FN: 0006407