AB 142 Assembly Bill

BILL NUMBER: AB 142	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 16, 2015
	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 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
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 on river values and  current and
projected  water  supply,   supplies, 
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
  until the completion of  the study period and
 the  implementation of any recommendation to add the
portion of the Mokelumne River to the  system.  
system, or December 31, 2021, whichever occurs first. 
   The bill would also designate a specified portion of the Mokelumne
River, or any  segments   segment  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   2017,  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.     on the suitability or
nonsuitability for addition to the system of the designated portion
of the Mokelumne River or any segment of that portion.  

   (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.    It is the intent of the Legislature
that the entities responsible for the Mokelumne Watershed
Interregional Sustainability Evaluation Program may seek state
funding for which the feasibility studies and assessments described
in paragraph (3) of subdivision (a) of Section 5093.548 of the Public
Resources Code are eligible. 
   SECTION 1.   SEC. 2.   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 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.   River and its
tributaries.  When considering projected future water
requirements, the secretary shall only consider feasible projects to
meet foreseeable demands.
   (2) Any effects of climate change on river values  described
in Section 5093.50  and  current and projected  water
 supply.   supplies.  
   (3) The following feasibility studies and assessments included
within the implementation plan of the Mokelumne Watershed
Interregional Sustainability Evaluation, Final Report dated June 12,
2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and
assessments in this subdivision shall not be construed as an
exemption from wild and scenic designation.  
   (3) 
    (4)  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) 
    (5)  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,   2017,  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.   
 on the suitability or nonsuitability for addition to the system
of the designated portion of the Mokelumne River or any segment of
that portion. 
   (d) The study undertaken by the secretary pursuant to subdivision
(a) shall provide for public input from a broad range of
stakeholders.
   (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   Until the completion of 
the study period and  the  implementation of any
recommendation to add segments to the system,  or December 31,
2021, whichever occurs first,  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.   SEC. 3.   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 one-half
mile downstream of the Salt Springs 97-066 Dam to  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.   SEC. 4.   Section 5093.56 of
the Public Resources Code is amended 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 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.  
completed, or December 31, 2021, whichever occurs first.  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. 4.   SEC. 5.   Due to the unique
geographical features of the Mokelumne River and its tributaries, the
Legislature hereby finds and declares that  a special law is
necessary and  a general  law  cannot be made
applicable within the  measuring   meaning 
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.