BILL NUMBER: AB 142 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
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 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 until
the completion of the study period and the implementation of any
recommendation to add the portion of the Mokelumne River to the
system, or December 31, 2021, whichever occurs first.
The bill would also designate a specified portion of the Mokelumne
River, or any 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, 2017, and would require the
report to include a clear recommendation on the suitability or
nonsuitability for addition to the system of the designated portion
of the Mokelumne River or any segment of that portion. The bill
would require the secretary to enter into a cost-sharing agreement
with the Upper Mokelumne River Watershed Authority that would require
the state and the authority to each pay a specified portion of the
cost of the report. By imposing new duties on a local government
entity, the bill would impose a state-mandated local program.
(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.
(3)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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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.
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 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 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.
(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.
(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, 2017, and shall include a clear recommendation 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 A 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) 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.
(g) (1) The secretary shall develop a cost estimate of the study
and report required by subdivision (c) and enter into a cost-sharing
agreement with the Upper Mokelumne River Watershed Authority. The
cost-sharing agreement shall require that the state pay not more than
50 percent of the cost of the study and report required by
subdivision (c), with the remaining cost to be paid by the authority.
The payment by the authority may consist of appropriated funds or a
contribution of services.
(2) Nothing in this section shall preclude any private donations
or contributions from interested parties to be used for the purposes
of this subdivision.
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 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. 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, 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. 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 meaning of Section 16 of Article IV of the
California Constitution.
SEC. 6. No reimbursement is required by
this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.