BILL NUMBER: AB 155 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN SENATE FEBRUARY 20, 2014
AMENDED IN ASSEMBLY MAY 29, 2013
INTRODUCED BY Assembly Member Alejo
JANUARY 22, 2013
An act to add Section 87 11.1 to the
Monterey County Water Resources Agency Act (Chapter 1159 of the
Statutes of 1990), relating to water , and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 155, as amended, Alejo. Monterey County Water Resources Agency:
Salinas River Management Program.
design-build.
Existing
(1) Existing law, the Monterey
County Water Resources Agency Act, establishes the Monterey County
Water Resources Agency as a flood control and water agency within the
County of Monterey.
This bill would require the agency to establish a multiobjective,
multibenefit consensus-based comprehensive Salinas River Management
Program and would require the agency to establish a steering
committee to develop the program. By requiring the agency to
establish a new program, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would authorize the agency to award a design-build
contract for the combined design and construction of a project to
connect Lake San Antonio, located in the County of Monterey, and Lake
Nacimiento, located in the County of San Luis Obispo, with an
underground tunnel or pipeline for the purpose of maximizing water
storage, supply, and groundwater recharge.
(2) The bill would declare that, due to the unique circumstances
of the agency, a general statute within the meaning of specified
provisions of the California Constitution cannot be made applicable
and a special statute is necessary.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) The Salinas Valley contains some of the most fertile land in,
and is a leading provider of produce to, the world, and due to the
economic impact of its production it contributes to the general
economic well-being of the state.
(2) As of 2014, the state, including the County of Monterey, has
experienced extraordinary drought conditions, which threaten, in
part, the economic viability and agricultural production of the
valley.
(3) In light of these extraordinary drought conditions, the
Governor, on January 17, 2014, declared a state of emergency.
(4) The Monterey County Water Resources Agency (hereafter the
agency), established pursuant to Chapter 1159 of the Statutes of
1990, owns and controls two reservoirs: Lake San Antonio, located in
the County of Monterey, and Lake Nacimiento, located in the County of
San Luis Obispo.
(5) These lakes provide water storage for, and flood control
protection to, the Salinas Valley Groundwater basin downstream of the
lakes, and also improves water supply and groundwater recharge in
the basin, which contribute to the economic viability and
agricultural production of the valley.
(6) The agency has previously undertaken projects to improve water
storage and groundwater recharge within the basin, including the
Salinas Valley Water Project, which, in part, implemented
modifications to the spillway in the dam at Lake Nacimiento, and in
the operation of the dams and spillways at the lakes.
(7) Despite these projects, the current drought conditions will
have long-term significant impacts on the agricultural production in
the valley, and additional appropriate projects are necessary to
ensure the continued economic viability and agricultural production
in the valley, especially in light of future conditions as may be
affected by global climate change.
(8) The watershed of Lake Nacimiento generally experiences more
runoff from storms and thus provides more water for storage than does
the watershed of Lake San Antonio and, as a result, water otherwise
available for storage at Lake Nacimiento is lost due to volumes
exceeding its storage capacity.
(9) The agency has proposed a project to connect Lake Nacimiento
and Lake San Antonio by an underground tunnel or pipeline that would
be constructed within a right-of-way or other easement acquired by
the agency for that purpose.
(10) The project will maximize overall water storage at the lakes
by allowing the conveyance of water to Lake San Antonio for storage
that may otherwise overflow from Lake Nacimiento, thus improving the
benefits provided by the lakes and the Salinas Valley Water Project
to the basin and the valley, mitigating the impact of the drought,
and improving the economic viability of the valley and its
agricultural production, all benefitting the state.
(11) Utilizing an alternative project delivery system, consisting
of a design-build contract, will provide benefits by shifting the
liability and risk for cost containment and project completion to the
design-build entity, and will provide for the more timely and
efficient project delivery in light of the current drought conditions
and the Governor's emergency declaration.
(12) The agency has requested the authority to utilize the
alternative project delivery system in conjunction with a project
labor agreement that meets the requirements of Chapter 2.8
(commencing with Section 2500) of Part 1 of Division 2 of the Public
Contract Code so as to complete the project in a more timely and
efficient manner without any disruptions.
(b) It is the intent of the Legislature that the design-build
process set forth in Section 2 of this act may be used by the agency
solely for the purpose of the project, and not for other purposes.
SEC. 2. Section 11.1 is added to the
Monterey County Water Resources Agency Act (Chapter 1159
of the Statutes of 1990), to read:
11.1. (a) The following definitions apply to this section:
(1) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
(2) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed
pursuant to a design-build contract.
(3) "Lakes" means collectively Lake San Antonio, located in the
County of Monterey, and Lake Nacimiento, located in the County of San
Luis Obispo, both owned and operated by the Monterey County Water
Resources Agency.
(4) "Project" means a project to connect the lakes with an
underground tunnel or pipeline for the purpose of maximizing water
storage, supply, and groundwater recharge at the lakes, and within
the Salinas Valley Groundwater Basin and the Salinas Valley proper,
including all necessary subsurface and surface improvements.
(5) "Project labor agreement" means an agreement that meets the
requirements of Chapter 2.8 (commencing with Section 2500) of Part 1
of Division 2 of the Public Contract Code.
(b) (1) Notwithstanding any other law, the agency may award a
design-build contract for the combined design and construction of the
project.
(2) If the agency does award a design-build contract as authorized
under paragraph (1), it shall do the following:
(A) Establish a procedure for the selection of the design-build
entity for the project.
(B) Award the contract based upon a written proposal that is
determined to be the most advantageous to the agency.
(C) Ensure that the design-build entity selected for the project
enters into a project labor agreement that will bind all of the
contractors performing work on the project.
(c) The agency may utilize a design-build contract solely for the
project and for no other purpose.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the
Monterey County Water Resources Agency.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to mitigate the conditions within the County of Monterey
caused by the current drought and as set forth by the Governor in the
related emergency declaration, it is necessary that this act take
effect immediately.
SECTION 1. Section 87 is added to the Monterey
County Water Resources Agency Act (Chapter 1159 of the Statutes of
1990), to read:
87. (a) The Legislature hereby finds and declares all of the
following:
(1) The Salinas River watershed consists of 4,200 square miles of
land. Much of the watershed is prime agricultural and rangeland,
providing a strong base for the region's economy. Much of the land
within the watershed provides housing, employment, recreation, and
education opportunities for central coast residents and visitors from
throughout the state, nation, and world.
(2) The Salinas River watershed includes portions of the Counties
of Monterey and San Luis Obispo and each of those counties is
concerned about the ability of its communities to sustain a high
quality of life with regard to agriculture, housing, commerce,
education, and environmental protection.
(3) The Salinas River watershed includes numerous streams, creeks,
rivers, wetlands, and estuaries that form the natural drainage
system that directs rainwater to the ocean. The Salinas River
watershed also includes numerous manmade water collection, drainage,
and water disposal projects and systems that also direct rainwater to
the ocean.
(4) The Salinas River watershed includes millions of square feet
of impervious surfaces, such as roads, parking lots, homes,
commercial and agricultural structures, schools, and playgrounds, all
of which reduce the amount of natural groundwater recharge that
would otherwise be available to reduce rainwater runoff.
(5) The Salinas River watershed includes flood control structures
that were designed and constructed many years ago. Those flood
control structures are now proving to be inadequate to protect the
area's agricultural lands, commercial, residential, and public sector
buildings, and environmental resources.
(6) Recent floods along the Salinas River watershed have resulted
in significant physical and economic loss. The severe floods of 1995
damaged approximately 30,000 acres of agricultural land, resulted in
the permanent loss of 1,100 acres of prime farmland to erosion,
flood-related losses were estimated at two hundred forty million
dollars ($240,000,000), and virtually all the flood control levees
along the Salinas River were destroyed or severely damaged. In 1998,
flooding caused 50 roads and highways to be closed, with 29,000 acres
of farmland damaged, and created agricultural losses of over seven
million dollars ($7,000,000). In 2011, the reported agricultural
losses from flooding included approximately four million dollars
($4,000,000) in lost gross production value and approximately one
million five hundred thousand dollars ($1,500,000) in cleanup and
ranch repair.
(7) The Salinas River flows through and irrigates some of the
richest and most fertile agricultural lands in the state and even the
world. The crops grown here are shipped to almost every corner of
the globe. If a disastrous flood is to occur, the impact will be felt
worldwide and have serious consequences on our state and national
economy.
(8) The County of Monterey agriculture sector generates nearly
eight billion two hundred million dollars ($8,200,000,000) annually
and supports more than 73,000 jobs, including, but not limited to,
farm workers, packing house employees, truck drivers, and warehouse
personnel. According to a Department of Food and Agriculture report,
the County of Monterey is the fourth largest agricultural producing
county in the state representing almost 10 percent of the state's
annual agricultural production. The County of Monterey grows more
than 50 crops with an annual gross production of over one million
dollars ($1,000,000), including, but not limited to, strawberries,
lettuce, broccoli, celery, and wine grapes.
(9) There is a need for a local, intergovernmental, and
cooperative governance structure, with public-private partnership
involvement, for the Salinas River watershed in order to develop and
implement a systemic, rational, and cost-effective program of flood
control and watershed management.
(10) It is the intent of the Legislature, through the enactment of
this section, to enable the local governments and local residents of
the Salinas River watershed to exercise appropriate powers to ensure
that the human, economic, and environmental resources of the
watershed are preserved, protected, and enhanced in terms of
watershed management and flood protection.
(b) The agency shall establish a multiobjective, multibenefit
consensus-based comprehensive Salinas River Management Program. The
program shall address the long-term management of the Salinas River
to protect the unique environmental, cultural, and agricultural
resources within the Salinas Valley.
(c) The agency shall establish a steering committee that shall
develop the program. The steering committee shall include
representatives from all major interested parties, including, but not
limited to, landowners, regulatory agencies, environmental
organizations, the agency, and local governments, including, but not
limited to, the County of Monterey.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.