California Legislature—2015–16 Regular Session

Assembly Bill No. 142

Introduced by Assembly Member Bigelow

(Principal coauthor: Senator Berryhill)

January 12, 2015

An act to add Section 5093.548 to the Public Resources Code, relating to wild and scenic rivers.

LEGISLATIVE COUNSEL’S DIGEST

AB 142, as introduced, Bigelow. Wild and scenic rivers: Mokelumne River.

(1) Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitabliity or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change.

(2) The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 5093.548 is added to the Public Resources
Code, to read:

5093.548.  

(a) Notwithstanding Section 5093.547, prior to the
designation of the Mokelumne River, its tributaries, or portions
thereof as additions to the system, the secretary shall study and
submit to the Governor and the Legislature a report that analyzes
the suitability or nonsuitability of the proposed designation. The
suitability analysis contained in the report shall consider the
potential effects of the proposed designation on the ability of public
agencies and utilities within the Mokelumne River watershed to
meet current and projected future water requirements through the
development of new and more reliable water supplies from the
Mokelumne River, and any effects of climate change. The report
shall also include the information required in subdivision (b) of
Section 5093.547 and the secretary’s recommendations and
proposals with respect to the proposed designation.

(b)  A report required to be submitted pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.

SEC. 2.  

Due to the unique geographical features of the
Mokelumne River and its tributaries, the Legislature hereby finds
and declares that a general cannot be made applicable within the
measuring of Section 16 of Article IV of the California
Constitution. Therefore, the special legislation contained in Section
1 of this act is necessarily applicable to the Mokelumne River and
its tributaries.