BILL NUMBER: AB 142 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Bigelow
(Principal coauthor: Senator Berryhill)
JANUARY 12, 2015
An act to amend Section 5093.56 of, and to add
Section Sections 5093.548 and 5093.549
to , the Public Resources Code, relating to wild and
scenic rivers.
LEGISLATIVE COUNSEL'S DIGEST
AB 142, as amended, 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 suitability 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. change on river values and water supply, and
to consider other factors. The bill would include any portion of the
Mokelumne River designated for potential addition within certain
protections afforded to wild and scenic rivers during the study
period and implementation of any recommendation to add the portion of
the Mokelumne River to the system.
The bill would also designate a specified portion of the Mokelumne
River, or any segments of that portion, for potential addition to
the system. The bill would require the secretary to submit a report
pursuant to the above-described requirements to the Legislature and
Governor no later than December 31, 2016 and would require the report
to include a clear recommendation whether the Legislature should
enact legislation to add the portion of the Mokelumne River, or any
segments of that portion, to the system.
(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 all of the following:
(1) 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
River. When considering projected future water
requirements, the secretary shall only consider feasible projects to
meet foreseeable demands.
(2) Any effects of climate
change. The change on river values
and water supply.
(3) The instances when the secretary has determined pursuant to
Section 5093.55 that a water diversion facility may be constructed on
a river or segment of a river that is part of the system.
(4) The instances when the State Water Resources Control Board has
approved an application to appropriate water from a river or a
segment of a river that is part of the system and what restrictions,
if any, were placed on the appropriation of water as a result of the
river or segment of a river's inclusion in the system.
(b) 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.
(c) The report required for the portion of the Mokelumne River
designated for potential addition to the system pursuant to Section
5093.549 shall be submitted to the Legislature and Governor no later
than December 31, 2016, and shall include a clear recommendation
whether the Legislature should enact legislation to add the portion
or any segment of that portion of the Mokelumne River to the system.
(d) The study undertaken by the secretary pursuant to subdivision
(a) shall provide for public input from a broad range of
stakeholders.
(b)
( e) A report required to be submitted
pursuant to subdivision (a) shall be submitted in compliance with
Section 9795 of the Government Code.
(f) During the study period and implementation of any
recommendation to add segments to the system, no dam, reservoir,
diversion, or other water impoundment facility may be constructed on
any segment designated for study by the secretary as a potential
addition to the system unless the secretary determines that the
facility is needed to supply domestic water to the residents of the
county or counties through which the river and segment flows and the
secretary determines that the facility will not adversely affect the
free-flowing condition and natural character of the river and
segment. This subdivision shall not apply to, and shall not in any
way affect, Amador Water Agency's water rights application 5647X03
pending before the State Water Resources Control Board.
SEC. 2. Section 5093.549 is added to the
Public Resources Code , to read:
5093.549. The portion of the Mokelumne River, or any segment of
that portion, located upstream from the upper extent of the Pardee
Reservoir at the elevation of not less than 580 feet above mean sea
level is hereby designated for potential addition to the system.
SEC. 3. Section 5093.56 of the Public
Resources Code is amend ed to read:
5093.56. No department or agency of the state may assist or
cooperate, whether by loan, grant, license, or otherwise, with any
department or agency of the federal, state, or local government, in
the planning or construction of a dam, reservoir, diversion, or other
water impoundment facility that could have an adverse effect on the
free-flowing condition and natural character of the river
either of the following:
(a) The rivers and segments
thereof designated in Section 5093.54 as included in the system.
(b) The portion of the Mokelumne River designated in Section
5093.549 for study by the secretary as a potential addition to the
system until after the study period and implementation of any
recommendations have been completed. This subdivision shall not apply
to, and shall not in any way affect, Amador Water Agency's water
rights application 5647X03 pending before the State Water Resources
Control Board.
SEC. 2. SEC. 4. 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.