Amended in Senate September 4, 2015

Amended in Senate September 1, 2015

Amended in Senate July 16, 2015

Amended in Assembly April 6, 2015

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 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 begin delete portions end delete begin insert segments end insert 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 begin delete portion end delete begin insert segment end insert 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 begin delete portion end delete begin insert segment end insert of the Mokelumne River to the system, or December 31, 2021, whichever occurs first.

The bill would also designate begin delete a specified portion end delete begin insert specified segments end insert of the Mokelumne begin delete River, or any segment of that portion, end delete begin insert River end insert 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 begin insert each of end insert the designated begin delete portion end delete begin insert segments end insert of the Mokelumne begin delete River or any segment of that portion. end delete begin insert River. end insert 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: yes.

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

SECTION 1.  

begin insert (a) end insert begin insert   end insert 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.

begin insert

(b) It is further the intent of the Legislature that, until the
completion of the study and report referenced in subdivision (c)
of Section 5093.548 of the Public Resources Code and the
implementation of any recommendation to add segments to the
wild and scenic rivers system, or until December 31, 2021,
whichever occurs first, state and local government entities may
participate in any collaborative process convened by the Pacific
Gas and Electric Company to discuss a pumped storage project
in the upper Mokelumne River watershed, if the project is designed
to avoid harm to the free-flowing condition and natural character
of the segments of the river described in Section 5093.549 of the
Public Resources Code, and to the recreational, cultural, historical,
scenic, and water quality values of those segments.

end insert

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 begin delete portions end delete
begin insert segments end insert 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 begin delete portion end delete begin insert segments end insert 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 begin insert each of end insert the designated begin delete portion end delete begin insert segments end insert
of the Mokelumne begin delete River or any segment of that portion. end delete begin insert River. end insert

(d) 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 begin delete 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 end delete
begin insert following segments of the North Fork and main stem Mokelumne
River are end insert hereby designated for potential addition to the system.

begin insert

(a) The North Fork Mokelumne River from 0.50 miles
downstream of the Salt Springs 97-006 Dam to 0.50 miles upstream
of the Tiger Creek Powerhouse.

end insert begin insert

(b) The North Fork Mokelumne River from 1,000 feet
downstream of the Tiger Creek Afterbay 97-105 Dam to State
Highway Route 26.

end insert begin insert

(c) The North Fork Mokelumne River from 400 feet downstream
of the small reregulating dam at the outlet of the West Point
Powerhouse to the confluence of the North and Middle Forks of
the Mokelumne River.

end insert begin insert

(d) The main stem of the Mokelumne River from the confluence
of the North and Middle Forks to 300 feet upstream of the Electra
Powerhouse.

end insert begin insert

(e) The main stem of the Mokelumne River from 300 feet
downstream of the small reregulating dam downstream of the
Electra Powerhouse to the Pardee Reservoir flood surcharge pool
at 580 feet elevation above mean sea level.

end insert

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 begin delete portion end delete begin insert segments end insert of the Mokelumne River designated
in Section 5093.549 for study by the secretary as begin delete a end delete potential
begin delete addition end delete begin insert additions end insert 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 begin delete Board. end delete begin insert Board, or prejudice, alter,
affect in any way, or interfere with the maintenance, repair, or
operation by the Pacific Gas and Electric Company of the
Mokelumne River Project (FERC 137) currently under the 2001
Federal Energy Regulatory Commission license for the project,
the incorporated settlement agreement, any license amendments
made with the agreement of the parties to the incorporated
settlement agreement, and any adjustment of flows permitted to
occur pursuant to the license for enhancement of ecological
resources. end insert

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.