BILL NUMBER: AB 142 INTRODUCED
BILL TEXT
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.