BILL ANALYSIS Ó AB 565 Page 1 Date of Hearing: May 4, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 565 (Monning) - As Amended: April 25, 2011 Policy Committee: Natural ResourcesVote:6-3 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill authorizes the State Coastal Conservancy to award a grant to the for-profit company, California American Water (CAW), for removal or alteration of the San Clemente Dam on the Carmel River. FISCAL EFFECT Expands, in a limited instance, the conservancy's grant-making authority, which may result in grants to CAW totaling in the millions of dollars. (Special fund or bond funds.) COMMENTS 1)Rationale. The author, citing conservancy documents and other resources, describes CAW's San Clemente Dam and reservoir as filled with sediment, not useful as a water supply, and a potential safety risk in the case of a moderately severe earthquake. The author contends CAW has several options to remedy these problems. However, the author describes only one option-dam removal and/or alteration-as providing substantial public benefits, including restoration of habitat for the endangered steelhead trout. The author notes that current law allows the conservancy to make grants to public agencies and nonprofit entities. The author contends that, because CAW will manage any project to remove or alter the San Clemente Dam, it is appropriate to make an exception, in this limited case, to allow the conservancy to make a grant to a specific for-profit entity to ensure realization of public benefits that would otherwise not occur. AB 565 Page 2 2)Background . The San Clemente Dam is a 90-year-old, 106-foot high concrete dam on the Carmel River owned and operated by the for-profit CAW. The policy committee analysis describes the reservoir as being over 90 % filled with sediment, no longer useful for supplying water, and identified by the Department of Water Resources as potentially unstable in an earthquake of a magnitude likely to occur in region where the dam is located. The policy committee analysis also cites the Planning and Conservation League's description of the dam as a barrier to threatened steelhead trout. CAW has several options to resolve the problems with the San Clemente Dam. The least costly option is to buttress the dam at a cost of approximately $49 million, which would provide no opportunity for habitat restoration. A more expensive option, costing roughly $83 million, is to reroute the Carmel River and remove the existing dam, which would also provide environmental benefits. Despite the public benefits that would result from dam removal, the conservancy is unable to make a grant to CAW to cover the additional costs of the more expensive dam removal project. This is because existing law allows the conservancy to make grants only to public agencies and nonprofits. The conservancy reports that, absent the grant, CAW likely will not undertake the dam removal project. 3)Support. This bill is supported by the Monterey County Board of Supervisors, the Carmel River Watershed Conservancy and the Planning and Conservation League. 4)There is no registered opposition to this bill. Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081