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
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           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