Democrats seek $4 billion bond for water, flood control, parks

As reported by the Sacramento Bee:

As torrential rains and dangerous flood waters pummel large swaths of Texas and parts of Louisiana, California lawmakers are eying legislation to prevent similar damage from from the state’s own disasters.

Senate Bill 5 from state Senate President Pro Tem Kevin de León would ask voters this upcoming June to approve a $4 billion bond to fund water, flood and parks projects across California.

To make it to the governor’s desk, it would need to clear the Assembly, where another water and open space bond from from Assemblyman Eduardo Garcia, D-Coachella, is under debate.

De León has characterized the bond as critical following the state’s historic five-year drought, and the 2017 winter storms that marked the wettest water year for California in more than a century.

If passed, bond proceeds would fund flood and water infrastructure projects, and expand and improve local parks and open space. It would allocate $550 million for water projects, $750 million for flood control projects such as levee repair and $2.6 billion for local and regional parks – including $800 million to build new parks in lower income communities. It would also fund deferred maintenance and other projects at California’s state parks system, including construction of new trails, plant and wildlife habitat restoration and coastal climate change adaptation projects. …

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Could the High Speed Rail Ruling Imperil the Water Bond?

Proposition 1, the $7 billion water bond, has broad support from both Democrats and Republicans.  Unlike the previous version of the bond – which had an $11 billion cost – the updated version has less pork and a few more promises for actual water storage.  While HJTA opposed the previous version (and indeed we signed the ballot argument against it) we have taken no position on Proposition 1.  Our neutrality is compelled, at least in part, by the recognition that California does indeed have legitimate needs for improvements in our statewide water infrastructure.

But now we have a new concern.

The California Supreme Court has recently declined to hear an appeal in one of the many lawsuits challenging the California’s High Speed Rail project.  This is a case we originally won in the trial court which blocked the issuance of the High Speed Rail bonds because the project bore no relationship to the project that was promised to the voters back in 2008.  But in a ruling that stunned taxpayers, the Court of Appeal reversed the trial court which correctly found that the Constitution expressly requires the state prove that issuance of the bonds is “necessary or desirable.”   This constitutional mandate ensures that government lives up to the promises it makes to the voters.

A proper interpretation of the California Constitution would require voter approval of, not just the amount of the debt, but specification of the project to be funded.  In our lawsuit, we argued that the current HSR plan so deviates from the proposal presented to voters in 2008 that voter approval of the former proposal should not be deemed approval of today’s plan.  We presented evidence showing that today’s plan is not the true high-speed train that voters were promised.  The HSR bond measure promised that the project would be built with federal and private matching funds.  But today’s plan calls for a system that is not truly “high speed” and is funded primarily by California taxpayers.  (And, by the way, the projected costs have now tripled).

So how does the high court’s inaction impact today’s Proposition 1, the Water Bond?  The fact that the judiciary will not uphold expressed requirements in a bond proposal raises the specter that, no matter what a bond proposal promises about what will be built with the bond proceeds, those promises are meaningless.  In other words, when California voters are asked to approve a bond, are they just approving debt for any purpose at all?  This is the very definition of a blank check.

As the result of California Courts refusing to uphold the language of the High Speed Rail bonds, the opponents of any bond proposal, at either the state or local level, need only point to High-Speed Rail to remind voters that promises in a voter approved bond proposal are meaningless and unenforceable.

Jon Coupal is president of the Howard Jarvis Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.

This article originally appeared on HJTA.org

Prop. 1 Roots Go Back to Water Bonds that Built California

You might say that Proposition 1, the water bond, carries the DNA of bonds that promoted a growing and prosperous California. Water bonds helped build the Los Angeles Aqueduct in the early 1900s to make possible the growth of one of the world’s great cities. Another bond helped build the State Water Project half-a-century later, which, among other things, helped spur the state’s agricultural abundance. With the state facing a drought of staggering proportions, Proposition 1 would continue California’s long history of providing and caring for precious water resources.

The seven-plus billion dollar bond contains money for protecting watersheds, cleaning contaminated groundwater, and water recycling among other projects. But unlike water bonds passed in the last decade, the heritage that the Prop 1 bond shares with the bonds that helped build California is the $2.7 billion set aside for water storage projects, dams and reservoirs, almost 40-percent of the total bond.

As Governor Pat Brown’s biographer, Ethan Rarick, points out his book, California Rising, the Life and Times of Pat Brown, the physical aspects of the Central Valley and Southern California are good for neither plants nor people. Rarick dedicates a chapter of the book to the history of the State Water Project and the campaign for the bond that narrowly passed. Pat Brown set out to, in his own words, “correct an accident of people and geography.”

Pat Brown’s State Water Project stored water behind dams and moved the water to where it was needed. The storage aspect of Proposition1 is essential for building up the water supply as the drought deepens.

The dams that stored the water to help create the California we know today were considered so important that President John F. Kennedy came out to California to help dedicate not one but two dams.

President Kennedy dedicated the San Luis Dam that created the San Luis Reservoir in August of 1962. He was back a year later to dedicate the Whiskeytown Dam six miles west of Redding before a crowd of 10,000 people. Fox and Hounds contributor Joe Mathews wrote a history of Kennedy’s visit to the Whiskeytown Dam on the Zocalo Public Square website last year, which you can read here.

Kennedy talked about conservation during his Whiskeytown Reservoir speech. But he also said the dam would allow water to be used to “irrigate crops on the fertile plains of the Sacramento Valley and supply water also for municipal and industrial use to the cities to the south.”

In environmentally conscience California, dam building has been controversial. It was in the 1960s and opposition has certainly grown over time. Interestingly, the State Water Project was built with revenue from both the bond passed by the voters and from state money earned from offshore oil wells. Can you imagine such a proposal being pushed today? Certainly, it would meet loud opposition.

Still, voters and politicians recognize the need to have a safe and adequate water supply. Pat Brown’s son, Governor Jerry Brown, recognized the need and included storage in the water measure he negotiated.

That day in Whiskeytown, President Kennedy, speaking of the dams and reservoirs, acknowledged “the wise decisions that were made by those who came before, and the wise decisions that you are making now.” We will see if the voters of today continue to make wise decisions about water.

This piece was originally published on Fox and Hounds Daily.