BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 991|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
VETO
Bill No: SB 991
Author: Wolk (D)
Amended: 8/20/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 6-3, 4/13/10
AYES: Pavley, Kehoe, Lowenthal, Padilla, Simitian, Wolk
NOES: Cogdill, Hollingsworth, Huff
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SENATE FLOOR : 21-14, 6/2/10
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Romero, Simitian,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Correa, Cox, Denham,
Dutton, Harman, Hollingsworth, Huff, Runner, Strickland,
Walters, Wyland
NO VOTE RECORDED: Ducheny, Oropeza, Wiggins, Vacancy,
Vacancy
ASSEMBLY FLOOR : 50-26, 8/23/10 - See last page for vote
SENATE FLOOR : 22-12, 8/25/10
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Simitian,
Steinberg, Wolk, Wright, Yee
CONTINUED
SB 991
Page
2
NOES: Aanestad, Ashburn, Blakeslee, Cogdill, Correa,
Dutton, Emmerson, Huff, Runner, Strickland, Walters,
Wyland
NO VOTE RECORDED: Denham, Harman, Hollingsworth, Oropeza,
Wiggins, Vacancy
SUBJECT : Flood control
SOURCE : Author
DIGEST : This bill appropriates $30 million in bond funds
from Proposition 1E for flood control projects that improve
the sustainability of the Delta.
Assembly Amendments provide that the $30 million in bond
funds appropriated by this bill may be used for flood
protection projects that either improve the sustainability
of the Delta or implement flood management actions in the
Delta before the Central Valley Floor Protection Plan is
adopted, and modify the requirement in this bill for the
Department of Water Resources (DWR) to consider a joint
project with local government agencies for improving flood
bypass facilities to instead authorize DWR to study and
implement such a project.
ANALYSIS : In November 2006, the voters ratified
Proposition 1E. That proposition authorized approximately
$4.1 billion in general obligation bonds for various flood
management activities. Among the authorized funding was $3
billion to:
1. Evaluate, repair, and restore existing levees in the
state's Central Valley flood control system.
2. Improve or add facilities in order to increase flood
protection for urban areas in the state's Central Valley
flood control system.
3. Reduce the risk of levee failure in the Delta region
through grants to local agencies and direct spending by
the state.
One of the bills in the water package passed last November
SB 991
Page
3
in the Seventh Extraordinary Session was SB 8 X7
(Steinberg). That bill, appropriated $170 million in
Proposition 1E funds to DWR to reduce the risk of levee
failure in the Sacramento-San Joaquin Delta that would
jeopardize water conveyance.
This bill:
1. Appropriates $30 million from the Disaster Preparedness
and Flood Prevention Bond Fund of 2006 (Proposition 1E)
to 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 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.
Comments
Proposition 1E (the Disaster Preparedness and Flood
Prevention Bond Act of 2006) authorizes $4.1 billion for
various flood control projects. Of the total
authorization, approximately $2.1 billion has been
appropriated to date and approximately $340 million is
SB 991
Page
4
proposed for appropriation in the Governor's 2010-11 budget
proposal.
This bill appropriates $30 million from Proposition 1E for
flood protection projects that improve the sustainability
of the Delta, including projects that would reduce the risk
of levee failure to the state's water conveyance system.
This bill also directs DWR to expedite the evaluation of
non-urban levees on the west bank of the Sacramento River
that protect rural communities. Finally, this bill directs
DWR to consider a joint project with local flood control
agencies for improving flood bypass facilities.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
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).
SUPPORT : (Verified 8/24/10)
Association of California Water Agencies
California Central Valley Flood Control Association
Delta Counties Coalition
East Bay Municipal Utility District
ARGUMENTS IN SUPPORT : According to the author, "By
directing this funding to projects that support the
sustainability of the Delta, protect the State's water
supplies, and contribute to flood protection for small
communities and family farms along the Sacramento River, SB
991 ensures that California receives multiple benefits for
the investment of bond funding."
SB 991
Page
5
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 991 without my signature.
This bill appropriates $30 million in Proposition 1E bond
funds to the Department of Water Resources (DWR) for flood
protection projects that improve the sustainability of the
Sacramento-San Joaquin Delta.
While I agree with its purpose, this bill is unnecessary.
My Administration has made improving our levees and
enhancing flood protection a top priority. To that end, SB
x7 8 (Steinberg) appropriated more than $240 million in
bond funds intended to address current flood protection
needs in the Delta. Since the program's inception in 2006,
my Administration has:
? Improved Emergency Response: Enhanced Incident
Command Team response capabilities and stockpiled rock
for catastrophic Delta levee failure response.
? Improved Flood Management Systems: System
improvements include 116 Critical Levee repairs, 121
proactive levee repairs, and completed flood
protection improvements along south Sacramento creeks.
? Improved Sacramento-San Joaquin Delta levees and
flood protection: Completed 21 Delta Special Projects
to improve levee stability and habitat, completed
urgent restoration of levee deficiencies on Upper
Jones Tract, completed a levee setback on Sherman
Island, and seven more projects are currently in
progress.
? Local Flood Management Assistance: DWR has
provided local flood management assistance including
$76 million reimbursed to local sponsors for the State
cost share of federally authorized flood management
projects.
? Improved Operations and Maintenance: DWR is
responsible for the Operation and Maintenance of 292
miles of levees, 11 weirs, 5 gate structures, 4
pumping plants and all channels in the Sacramento
SB 991
Page
6
River System. Completed improvements to the system
include Tisdale Bypass Sediment Removal Project,
Sacramento Bypass Sediment Removal Project,
modernization of levee inspection and reporting
procedures, development of 137 acres of riparian
habitat at Colusa State Recreation Area and four
additional projects are currently underway.
Many projects have been completed and many are under way.
It is for this reason that DWR must be able to continue
with their work unencumbered by special carve-outs for
particular areas.
For this reason, I am unable to sign this bill."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Bill Berryhill,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Galgiani, Gatto, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Skinner, Solorio, Swanson, Torlakson,
Torres, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Tom Berryhill, Conway, Cook,
DeVore, Fletcher, Fuller, Gaines, Garrick, Gilmore,
Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Furutani, Nava, Vacancy, Vacancy
CTW:mw 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****