BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Approve Recommended Positions on Federal Legislation: S. 4359 (Padilla) - A Bill to Amend the National Dam Safety Program Act to Reauthorize this Act, and for Other Purposes; S. 5005 (Padilla) - A Bill to Authorize Additional Funding for the San Joaquin River Restoration Settlement Act; and Other Legislation That May Require Consideration by the Board.
End
RECOMMENDATION:
Recommendation
A. Adopt a Position of “Support” on S. 4359 (Padilla) - A bill to amend the National Dam Safety Program Act to reauthorize this Act, and for other purposes; and
B. Adopt a Position of “Support” on S. 5005 (Padilla) - A bill to authorize additional funding for the San Joaquin River Restoration Settlement Act.
Body
SUMMARY:
A. S. 4359 (Padilla) - A bill to amend the National Dam Safety Program Act to reauthorize this Act, and for other purposes.
Recommended Position: Support
Priority Recommendation: 2
This bill would reauthorize two programs under the Federal Emergency Management Agency (FEMA) through fiscal year 2029:
• National Dam Safety Program - This partnership of states and the federal government aims to improve safety at the more than 91,000 dams throughout the United States and its territories. Through this program, FEMA provides funding to states for dam safety training, research, and public awareness. The program also funds the National Inventory of Dams (NID), managed by the U.S. Army Corps of Engineers, to catalogue all 91,000+ dams by location, type, size, age, hazard potential, date of last inspection, and more. This is an important database used by federal, state, and local officials to understand the safety conditions at our nation’s dams and inform dam safety policies.
• Rehabilitation of High Hazard Potential Dams Program - This grant program provides funding to states for projects that rehabilitate and repair dams classified as “high hazard potential” under the NID. Congress has appropriated roughly $10M per year for the program since 2016, which was authorized through fiscal year 2026.
Reauthorizing these programs would reauthorize funding for their important functions, although Congress would still need to appropriate that funding.
Status:
The bill was favorably reported out of the Senate Committee on Environment and Public Works on May 22, 2024.
Importance to Santa Clara Valley Water District (Valley Water):
Improving dam safety, particularly at our most vulnerable facilities, is of paramount concern to Valley Water. All ten Valley Water-managed dams have been classified as “high hazard potential” by dam regulators, indicating the significant potential for harm to life and property in the event of a failure. While Valley Water works to address the structural needs at all these dams, supporting state dam safety efforts funded by FEMA is critical. The Rehabilitation of High Hazard Potential Dams Program is one of the few sources of federal funding available for upgrading non-federal dams. Valley Water could potentially access this funding in the future.
Pros:
• Supports additional federal investment in dam safety nationwide, including for the highest risk facilities.
• Reauthorizes a grant program for non-federal dam rehabilitation and repair that Valley Water could potentially access in the future.
Cons:
• None identified at this time.
B. S. 5005 (Padilla) - A bill to authorize additional funding for the San Joaquin River Restoration Settlement Act.
Recommended Position: Support
Priority Recommendation: 3
This bipartisan bill would authorize an additional $500M in non-reimbursable funding to implement the San Joaquin River Restoration Settlement Act and an additional $25M in non-reimbursable funding for Friant Division improvements, such as restoring capacity in the Friant-Kern Canal.
The San Joaquin River Restoration settlement agreement, reached in 2006 between the U.S. Departments of the Interior and Commerce, the Natural Resources Defense Council, and the Friant Division contractors, sets terms to further the dual goals of restoring and maintaining the fish populations in the San Joaquin River below Friant Dam, and minimizing or avoiding any resulting adverse water supply impacts to Friant Division contractors. The funding authorized under this bill would implement the twin goals of the settlement, the Restoration Goal and the Water Management Goal (the latter of which is advanced by restoring the Friant-Kern Canal).
The implementation costs have risen since the settlement was first reached, and additional funding is needed.
The board has supported legislation in prior years authorizing additional funding for the San Joaquin River Settlement Act.
Status:
The bill was introduced in the Senate on September 10, 2024, and it was heard in the Committee on Energy and Natural Resources on September 11.
Importance to Valley Water:
Valley Water has long supported the restoration goals of the San Joaquin River Restoration Settlement Act, which are to restore flows in the San Joaquin River from Friant Dam to the confluence of the Merced River and restore a Chinook salmon fishery in the river - all while minimizing the impacts to water supply from the river. Repairing the Friant-Kern Canal is also a worthy goal, helping to improve the reliability of conveyance of water throughout the CVP system, which benefits Valley Water.
Pros:
• Authorizes additional non-reimbursable funding to implement important restoration goals in the San Joaquin River.
Cons:
• This is an authorization bill only, and it is unclear when Congress will actually appropriate the funds to implement the restoration.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no direct Environmental Justice impacts associated with this item, as the Board’s position does not enact the legislation discussed above. However, if these bills were to be enacted, it would further environmental justice goals nationwide and could benefit overburdened and disadvantaged communities in Santa Clara County.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
None.
UNCLASSIFIED MANAGER:
Manager
Marta Lugo, 408-630-2237