Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law authorizes the project for flood control on the San Lorenzo River, in accordance with a prescribed final report, and as authorized by a prescribed federal act, at an estimated cost to the state of the sum that may be appropriated for state cooperation by statute, upon the recommendation and advice of the Department of Water Resources. Existing law requires the City of Santa Cruz to carry out the project. Existing law makes state funding contingent on the provision of funds for the project in either the annual Budget Act or a general obligation bond act.

This bill would authorize state funding, available upon appropriation by the Legislature, to be used within the authorized project boundaries to fund construction of the final phase of the authorized project, as specified, when there are not available federal funds for project completion. The bill would require the funding for project completion to be 70% from the state and 30% from the local project sponsor, except the bill would prohibit the state share from exceeding the equivalent state share if there was federal project funding.

Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law authorizes the project for flood control on the San Lorenzo River, in accordance with a prescribed final report, and as authorized by a prescribed federal act, at an estimated cost to the state of the sum that may be appropriated for state cooperation by statute, upon the recommendation and advice of the Department of Water Resources. Existing law requires the City of Santa Cruz to carry out the project. Existing law makes state funding contingent on the provision of funds for the project in either the annual Budget Act or a general obligation bond act.

This bill would authorize state funding, available upon appropriation by the Legislature, to be used within the authorized project boundaries to fund construction of the final phase of the authorized project, as specified, when there are not available federal funds for project completion. The bill would require the funding for project completion to be 70% from the state and 30% from the local project sponsor, except the bill would prohibit the state share from exceeding the equivalent state share if there was federal project funding.

Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law authorizes the project for flood control on the San Lorenzo River, in accordance with a prescribed final report, and as authorized by a prescribed federal act, at an estimated cost to the state of the sum that may be appropriated for state cooperation by statute, upon the recommendation and advice of the Department of Water Resources. Existing law requires the City of Santa Cruz to carry out the project. Existing law makes state funding contingent on the provision of funds for the project in either the annual Budget Act or a general obligation bond act.

This bill would authorize state funding, available upon appropriation by the Legislature, to be used within the authorized project boundaries to fund construction of the final phase of the authorized project, as specified, when there are not available federal funds for project completion. The bill would require the funding for project completion to be 70% from the state and 30% from the local project sponsor, except the bill would prohibit the state share from exceeding the equivalent state share if there was federal project funding.

 CONSENT  

Bill No: AB 436

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/13/17

AYES: Hertzberg, Stone, Allen, Atkins, Hueso, Jackson, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 5/1/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes state funding, upon appropriation by the Legislature, to be used for the final phase of the San Lorenzo River Flood Control Project in Santa Cruz.

ANALYSIS:

Existing law:

1. Authorizes, pursuant to the State Water Resources Law of 1945, state participation in funding local flood control projects that are authorized by the Legislature and that meet other specific requirements. Those requirements include that the project must qualify for federal financial assistance under the requirements applicable to federal water resource development projects and must be authorized by Congress.
2. Provides that among the local flood control projects that have been authorized by the Legislature is “The project for flood control on the San Lorenzo River is adopted and authorized substantially in accordance with congressional approval and the final report of the Chief of Engineers dated June 30, 1994, as authorized by Section 101 (a) (5) of the Water Resources Development Act of 1996 (P.L. 104-303), as amended.”

This bill:

1. Authorizes the state to fund construction of the final phase of the San Lorenzo River Flood Protection Project when there are not available federal funds for project completion.
2. States that the funding for project completion is to be cost shared 70 percent from the state and 30 percent from the local project sponsor, except that the state share shall not exceed the equivalent state share if there was federal project funding.

Comments

San Lorenzo River flooding problem. The San Lorenzo River is the main river passing from the Santa Cruz Mountains, through the City of Santa Cruz, and out to the Pacific at the lower end of Santa Cruz Main Beach, just north of Seabright State Beach. The river has seen periodic flood cycles, including a devastating flood in 1982 that caused between $50 and $100 million in damage, and where 22 people lost their lives.

Project so far. To date, over $61 million in federal, state, and city funds have been spent on improvements to the San Lorenzo River Flood Protection Project, including:

• Five miles of levee raising;
• Reconstruction and raising of four river bridges;
• Streambank protection;
• Environmental restoration; and,
• Improvement of levee storm drain pumps.

Final phase. The final phase of the project is the creation of an incised natural channel within the project bed to improve the passage of river sediment and prevent its long-term accumulation. A second component of the project is beach nourishment using the sediment removed from the channel. This use of sediment helps reduce the cost of this last phase of the project while also helping meet the goals of the state’s Coastal Sediment Management Plan.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/19/17)

City of Santa Cruz

OPPOSITION: (Verified 7/19/17)

None received

ARGUMENTS IN SUPPORT: According to the author, “This bill would allow the City of Santa Cruz to complete its final phase of the ongoing San Lorenzo River Flood Protection Project without the additional federal funds that were expected. This bill allows the project to move forward with local funds, and does not require additional funding from the state. It is critical that the city be able to move forward to complete this important project.”

ASSEMBLY FLOOR: 74-0, 5/1/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Dahle, Flora, Fong, Gray, Patterson, Ridley-Thomas

Prepared by:

7/19/17 15:19:56

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: June 13, 2017

Subject: San Lorenzo River

BACKGROUND AND EXISTING LAW

Under the State Water Resources Law of 1945, §12582.7, the state may participate in funding local flood control projects that are authorized by the legislature and that meet other specific requirements. Those requirements include that the project must qualify for federal financial assistance under the requirements applicable to federal water resource development projects and must be authorized by Congress.

Among the local flood control projects that have been authorized by the Legislature is “The project for flood control on the San Lorenzo River is adopted and authorized substantially in accordance with congressional approval and the final report of the Chief of Engineers dated June 30, 1994, as authorized by Section 101 (a) (5) of the Water Resources Development Act of 1996 (P.L. 104-303), as amended.”

PROPOSED LAW

This bill would authorize the state to fund construction of the final phase of the San Lorenzo River Flood Protection Project when there are not available federal funds for project completion.

The funding for project completion is to be cost shared 70 percent from the state and 30 percent from the local project sponsor, except that the state share shall not exceed the equivalent state share if there was federal project funding.

ARGUMENTS IN SUPPORT

According to the author, “This bill would allow the City of Santa Cruz to complete its final phase of the ongoing San Lorenzo River Flood Protection Project without the additional federal funds that were expected. This bill allows the project to move forward with local funds, and does not require additional funding from the state. It is critical that the city be able to move forward to complete this important project.”

ARGUMENTS IN OPPOSITION: None received

COMMENTS

San Lorenzo River Flooding Problem. The San Lorenzo River is the main river passing from the Santa Cruz Mountains, through the City of Santa Cruz, and out to the Pacific at the lower end of Santa Cruz Main Beach, just north of Seabright State Beach. The river has seen periodic flood cycles, including a devastating flood in 1982 that caused between $50 and $100 million in damage, and where 22 people lost their lives.

Project So Far. To date, over $61 million in federal, state, and city funds have been spent on improvements to the San Lorenzo River Flood Protection Project, including:

• Five miles of levee raising;
• Reconstruction and raising of four river bridges;
• Streambank protection;
• Environmental restoration; and,
• Improvement of levee storm drain pumps.

Final Phase. The final phase of the project is the creation of an incised natural channel within the project bed to improve the passage of river sediment and prevent its long-term accumulation. A second component of the project is beach nourishment using the sediment removed from the channel. This use of sediment helps reduce the cost of this last phase of the project while also helping meet the goals of the state’s Coastal Sediment Management Plan.

SUGGESTED AMENDMENTS: None

SUPPORT

City of Santa Cruz (Sponsor)

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 436

Author:(Mark Stone)

As Introduced Ver:February 13, 2017

Majority vote

SUMMARY: Authorizes a specific state and local share split for flood control work on the San Lorenzo River in Santa Cruz. Specifically, this bill:

1. Authorizes the Flood Control Subventions Program to assist the City of Santa Cruz to complete the federal Army Corps of Engineers (ACOE) San Lorenzo River Flood Control Project in the absence of federal funds.
2. Establishes a final phase share of 70% state and 30% local, from the City of Santa Cruz.
3. Prohibits the state share from exceeding the equivalent state share assumed when the project was originally authorized and federal funding was anticipated.

EXISTING LAW:

1. Provides assistance through the Flood Control Subventions Program to fund 70% of the non-federal share of an Army Corps of Engineer flood control project.
2. Establishes a 30% local share of the non-federal project cost.
3. Makes funding contingent upon the provision of funds by appropriation of the Legislature.

FISCAL EFFECT: According to the Assembly Appropriations Committee, no additional state costs. Although the Department of Water Resources (DWR) estimates the state's share may increase by $30,000 under the revised proposal, this bill prohibits any additional state contribution.

COMMENTS: The San Lorenzo River is the main river passing from tributaries in the Santa Cruz Mountains, through the City of Santa Cruz, and ultimately ending at the southern end of the Santa Cruz main beach. The river is channelized with vegetation through its final few miles, abutting downtown Santa Cruz and shifting south around the Santa Cruz beach flats and boardwalk areas. The river has seen periodic flood cycles, including a devastating flood in 1982 that caused between $50 and $100 million in damage, and where 22 people lost their lives. Average rainfall in the San Lorenzo River watershed can reach around 50 inches per year. The 1982 and 2017 seasons reached closer to 100 inches over a few months.

In 1996, Congress included the San Lorenzo Flood Control Projects in that year's Water Resource Development Act. The state's participation was authorized in AB 1147 (Honda), Chapter 1071, Statutes of 2000. This bill amended the state cost-sharing formula for flood control projects, and specifically authorized the San Lorenzo River project (City of Santa Cruz), among other projects. This process of congressional and state legislative approval is typical of long-term federal/state/local projects.

To date, over $61 million in federal, state, and city funds have been spent on improvements to the project including: 1) five miles of levee raising; 2) reconstruction and raising of four river bridges; 3) streambank protection; 4) environmental restoration; and, 5) improvement of levee storm drain pumps.

The final phase of the project is the creation of an incised natural channel within the project bed to improve the passage of river sediment and prevent its long-term accumulation (which decreases flood control capacity). The channel will move water more efficiently to the tidal reach of the river, and to slow sediment deposition. A second component of this project is beach nourishment utilizing the sediment removed as part of the project which has the secondary benefit of lowering project costs and meeting the goals of the Department of Boating and Waterways Coastal Sediment Management Plan.

The federal cost estimate of the project's final phase is $7 million, including overhead and construction. The city's estimated cost is $2.5 million. The federal government approved the conceptual plans for the project but halted participation due to lack of funding.

As stated, according to the project proponents, the ACOE work on the last phase of the San Lorenzo River Project has been halted due to lack of federal funds. Preliminary plans have been completed. The final phase of the project was designed to ensure long-term flood capacity of the overall project, and was envisioned in both the state and federally authorized legislation. When the ACOE halted funding, the city decided to move forward with a reduced-cost project (that still meets the same standards), and provides the added benefit of beach nourishment components. The reduction of the city's cost to $2.5 million may have the impact of reducing the state's share of the costs to approximately what it would have been with federal funding.

This bill does not appropriate the funds for the project. Rather, it allows the project to be eligible for an existing flood funding program, with specified percentages of state and local shares, for future appropriation, presumably through the budget act.

Supporters argue that this bill is necessary to complete the final phase of this multi-year project given the absence of federal funding.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0000184

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 436

Author:(Mark Stone) – As Introduced Ver:February 13, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes state funding, upon appropriation by the Legislature, to be used for the final phase of the San Lorenzo River Flood Control Project in Santa Cruz. Specifically, this bill:

1. Authorizes the State Flood Control Subventions Program to assist the City of Santa Cruz in completing the federal Army Corps of Engineers (ACOE) San Lorenzo River Flood Control Project in the absence of federal funds.
2. Establishes a final phase cost share of 70% state and 30% local (City of Santa Cruz).
3. Prohibits the state share from exceeding the equivalent state share assumed when the project was originally authorized and federal funding was anticipated.

FISCAL EFFECT:

No additional state costs. Although the Department of Water Resources (DWR) estimates the state's share may increase by $30,000 under the revised proposal, this bill prohibits any additional state contribution.

COMMENTS:

1. Purpose. According to the sponsor, the City of Santa Cruz, the work on the last phase of the Corps of Engineers San Lorenzo Flood Control Project has been halted due to a lack of federal funds. This bill will provide state re-authorization for the project without federal participation.
2. Background. In 1996, Congress included the San Lorenzo Flood Control Project in the Water Resource Development Act (WRDA). The state’s participation was authorized in AB 1147 (Honda), Chapter 1071, Statutes of 2000. To date, over $61 million in federal, state, and city funds have been spent on improvements to the project including: 1) five miles of levee raising; 2) the reconstruction and raising of four river bridges; (3) streambank protection; (4) environmental restoration; and (5) the improvement of levee storm drain pumps.

The final phase of the project is the creation of an incised natural channel within the project bed to improve the passage of river sediment and prevent its long-term accumulation (which decreases flood control capacity). The channel will move water more efficiently to the tidal reach of the river, and slow sediment deposition. A second component of this project is beach nourishment utilizing the sediment removed as part of the project which has the secondary benefit of lowering project costs and meeting the goals of the Department of Boating and Waterways Coastal Sediment Management Plan. The federal government approved the conceptual plans for the final phase of the project but halted participation due to lack of funding.

The federal cost estimate of the project’s final phase is $7 million, including overhead and construction. The City of Santa Cruz claims that through construction efficiency, its estimated cost is $2.5 million which will bring the state's share to approximately what it would have originally been with federal funding.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 4, 2017

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 436 (

Author:Mark Stone) – As Introduced Ver:February 13, 2017

SUBJECT: San Lorenzo River

SUMMARY: Authorizes a specific state and local share split for flood control work on the San Lorenzo River in Santa Cruz. Specifically, this bill:

1. Authorizes the Flood Control Subventions Program to assist the City of Santa Cruz to complete the federal Army Corps of Engineers (ACOE) San Lorenzo River Flood Control Project in the absence of federal funds.
2. Establishes a final phase share of 70 percent state and 30 percent local, from the City of Santa Cruz.
3. Prohibits the state share from exceeding the equivalent state share as if there was federal project funding.

EXISTING LAW:

1. Provides assistance through the Flood Control Subventions Program to fund 70 percent of the non-federal share of an Army Corps of Engineer flood control project.
2. Establishes a 30 percent local share of the non-federal project cost.
3. Makes funding contingent upon the provision of funds by appropriation of the Legislature.

FISCAL EFFECT: Unknown.

COMMENTS: The San Lorenzo River is the main river passing from tributaries in the Santa Cruz Mountains, through the City of Santa Cruz, and ultimately ending at the southern end of the Santa Cruz main beach. The river is channelized with vegetation through its final few miles, abutting downtown Santa Cruz and shifting south around the Santa Cruz beach flats and boardwalk areas. The river has seen periodic flood cycles, including a devastating flood in 1982 that caused between $50 and $100 million in damage, and where 22 people lost their lives. Average rainfall in the San Lorenzo River watershed can reach around 50 inches per year. The 1982 and 2017 seasons reached closer to 100 inches over a few months.

In 1996, Congress included the San Lorenzo Flood Control Projects in that year’s Water Resource Development Act. The state’s participation was authorized in AB 1147 (Honda), Chapter 1071, Statutes of 2000. This bill amended the state cost-sharing formula for flood control projects, and specifically authorized the San Lorenzo River project (City of Santa Cruz), among other projects. This process of congressional and state legislative approval is typical of long-term federal/state/local projects.

To date, over $61 million in federal, state, and city funds have been spent on improvements to the project including: (1) five miles of levee raising; (2) reconstruction and raising of four river bridges; (3) streambank protection; (4) environmental restoration; and, (5) improvement of levee storm drain pumps.

The final phase of the project is the creation of an incised natural channel within the project bed to improve the passage of river sediment and prevent its long-term accumulation (which decreases flood control capacity). The channel will move water more efficiently to the tidal reach of the river, and to slow sediment deposition. A second component of this project is beach nourishment utilizing the sediment removed as part of the project which has the secondary benefit of lowering project costs and meeting the goals of the Department of Boating and Waterways Coastal Sediment Management Plan.

The federal cost estimate of the project’s final phase is $7 million, including overhead and construction. The city’s estimated cost is $2.5 million. The federal government approved the conceptual plans for the project but halted participation due to lack of funding.

As stated, according to the project proponents, the ACOE work on the last phase of the San Lorenzo River Project has been halted due to lack of federal funds. Preliminary plans have been completed. The final phase of the project was designed to ensure long-term flood capacity of the overall project, and was envisioned in both the state and federally authorized legislation. When the ACOE halted funding, the city decided to move forward with a reduced-cost project (that still meets the same standards), and provides the added benefit of beach nourishment components. The reduction of the city’s cost to $2.5 million may have the impact of reducing the state’s share of the costs to approximately what it would have been with federal funding.

This bill does not appropriate the funds for the project. Rather, it allows the project to be eligible for an existing flood funding program, with specified percentages of state and local shares, for future appropriation, presumably through the budget act.

Supporters argue that this bill is necessary to complete the final phase of this multi-year project given the absence of federal funding.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Santa Cruz

Opposition

None on file.

Analysis Prepared by: Catherine Freeman / W., P., & W. /