BILL NUMBER: AB 142 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2015
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
segments 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
segment 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
segment of the Mokelumne River to the system, or
December 31, 2021, whichever occurs first.
The bill would also designate a specified portion
specified segments of the Mokelumne
River, or any segment of that portion, River 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 each of the designated portion
segments of the Mokelumne River or any
segment of that portion. River. 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. (a) 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.
(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.
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 segments 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
segments 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 each of the
designated portion segments of the
Mokelumne River or any segment of that portion.
River.
(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 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
following segments of the North Fork and main stem
Mokelumne River are hereby designated for potential addition to
the system.
(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.
(b) The North Fork Mokelumne River from 1,000 feet downstream of
the Tiger Creek Afterbay 97-105 Dam to State Highway Route 26.
(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.
(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.
(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.
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 segments of the
Mokelumne River designated in Section 5093.549 for study by the
secretary as a potential addition
additions 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. 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.
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.