BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 142 (Bigelow) - Wild and scenic rivers: Mokelumne River. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 16, 2015 |Policy Vote: N.R. & W. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 142 would require the secretary of the Natural Resources Agency (secretary) to study and report on the suitability of designating the Mokelumne River, its tributaries, or portions thereof, under the California Wild and Scenic Rivers Act. Fiscal Impact: One-time costs of up to $250,000 to the General Fund for the Natural Resources Agency to complete the required study. Background: The California Wild and Scenic Rivers Act (act) declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit of the people of the state. The act declares that such use of these rivers is the highest and most beneficial use, and is a reasonable and AB 142 (Bigelow) Page 1 of ? beneficial use of water. Rivers or segments of rivers designed under the act (i.e. "the system") are classified as one of the following: Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted; Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past. Proposed Law: This bill would require the secretary to study the suitability of designating the Mokelumne River, its tributaries, or portions thereof, as additions to the system. The study would be required to consider the following: The potential effects of the proposed designation on the ability of public agencies and utilities within the watershed to meet current and future water requirements; Any effects of climate change on river values; The Mokelumne Watershed interregional Sustainability Evaluation, Final Report dated June 12, 2015; The instances where the a water diversion facility may be constructed on a river or segment of a river that is part of a AB 142 (Bigelow) Page 2 of ? system; The instances where the State Water Resources Control Board has approved an application to appropriate water from a river or segment of a river that is part of the system; and Public input from abroad range of stakeholders. The study would be required to include the secretary's recommendations and to be submitted to the Governor and the Legislature by December 31, 2017. No dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment of the Mokelumne River that is a potential addition to the system until the completion of the study and report, or December 31, 2021, whichever occurs first, unless the secretary determines that the facility is needed to supply domestic water and that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. Related Legislation: SB 1199 (Hancock), 2014) would have designated a 37-mile portion of the Mokelumne River in Calaveras and Amador Counties in the Sierra Nevada as a wild and scenic river. SB 1199 was held in the Assembly Appropriation Committee on suspense. Staff Comments: Supporters of the bill note that there are a number of existing studies and reports that can contribute to the study required by the bill. Specifically, the supporters note the US Forest Service Final Environmental Impact Report for its North Fork Mokelumne Wild and Scenic River study and sections of the BLM Resource Management Plan that relate to Wild and Scenic eligibility and suitability for the river. AB 142 (Bigelow) Page 3 of ? The Natural Resources Agency anticipates that the study required by the bill will cost approximately $250,000 to the General Fund. According to the agency, these costs take into account the existing information. The agency notes that although there is a fair amount of existing data, it will still require a significant amount of workload to review and compile the information. Also, there will are some areas that aren't covered by existing documents that will require study. -- END --