BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 142|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 142
          Author:   Bigelow (R), et al.
          Amended:  9/4/15 in Senate
          Vote:     21  

           SENATE NATURAL RES. & WATER COMMITTEE:  9-0, 7/14/15
           AYES:  Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,  
            Monning, Vidak, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  5-0, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Bates, Nielsen

           ASSEMBLY FLOOR:  71-3, 6/1/15 - See last page for vote

           SUBJECT:   Wild and scenic rivers: Mokelumne River


          SOURCE:    Author

          DIGEST:  This bill requires 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.

          Senate Floor Amendments of 9/4/15 add an intent provision,  
          restructure the boundaries of the segment of the river that will  
          be studied as a potential addition to the wild and scenic river  
          system, and state that the bill does not affect the Federal  
          Energy Regulatory Commission license for the Mokelumne River  
          Project of Pacific Gas and Electric Co.









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          ANALYSIS: 
          
          Existing law, the California Wild and Scenic Rivers Act (Act): 
          1)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 and enjoyment of the people of  
            the state. 

          2)Declares that such use of these rivers is the highest and most  
            beneficial use, and is a reasonable and beneficial use of  
            water. 

          3)Defines "free-flowing" as existing or flowing without  
            artificial impoundment, diversion, or other modification of  
            the river. (The presence of low dams, diversion works, and  
            other minor structures does not automatically bar a river's  
            inclusion within the wild and scenic rivers system (system).

          4)Requires that those rivers or segments of rivers included in  
            the system be classified as one of the following: a) 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; b) 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 c) 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. 

          5)Designates several California rivers and segments thereof as  
            components of the system. 

          6)Requires the California Natural Rivers Agency (NRA) to be  
            responsible for coordinating the activities of state agencies  
            whose activities affect the rivers in the system with those of  
            other state, local, and federal agencies with jurisdiction  
            over matters that may affect the rivers. 








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          7)Requires the NRA to study and submit to the Governor and  
            Legislature reports on the suitability or nonsuitability for  
            addition to the system when the Legislature designates  
            potential additions to the system. The reports shall include  
            the following: 

             a)   Recommendations and proposals with respect to the  
               designation of a river or segment; 
             b)   Maps and illustrations to show the area included within  
               the report; 
             c)   Characteristics which do or do not make the area a  
               worthy addition to the system; 
             d)   Status of land ownership and use; and 
             e)   Potential uses which will be enhanced, foreclosed, or  
               curtailed if included in the system. 

          This bill: 

          1)Requires a study by the NRA that analyzes the suitability or  
            non-suitability of the designation of the Mokelumne River, its  
            tributaries, or portions thereof as additions to the system.  
            The costs of the study will be divided between the state and  
            the Upper Mokelumne River Watershed Authority. The local share  
            may be from appropriated funds or a contribution of services. 

          2)Requires the study to include: 

             a)   A suitability analysis that includes the potential  
               effects on the ability of public agencies and utilities  
               within the watershed to feasible and projected future water  
               requirements through the development of new water supplies  
               from the Mokelumne River; 
             b)   Any effects of climate change on river values and water  
               supply; 
             c)   Specified feasibility studies of the Mokelumne Watershed  
               Interregional Sustainability Evaluation Final Report. 
             d)   Instances in which the secretary of the NRA allowed a  
               water diversion to be constructed on a river segment listed  
               in the system; 
             e)   Instances in which the State Water Resources Control  
               Board approved an application to appropriate water from a  
               river segment that is a part of the system and what  
               restrictions, if any, were placed on the appropriation of  
               water as a result of that river segment's inclusion in the  







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               system. 
             f)   Maps and illustrations to show the area included within  
               the report;
             g)   Characteristics which do or do not make the area a  
               worthy addition to the system; 
             h)   Status of land ownership and use; and 
             i)   Potential uses which will be enhanced, foreclosed, or  
               curtailed if included in the system. 

          3)Requires the NRA's clear recommendation on whether the  
            designated portion of the Mokelumne River or any segment of  
            that portion is suited or not to be added to the system in a  
            report due on or before December 31, 2017. 

          4)Establishes interim protections for the Mokelumne until  
            December 31, 2021, or until the study is completed (whichever  
            occurs first) and implementation of any recommendation to add  
            segments to the system that prohibit dams, reservoirs, or  
            other water impoundment facilities from construction 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  
            also determines that the facility will not adversely affect  
            the freeflowing condition and natural character of the river.  
            This provision exempts the Amador Water Agency's water rights  
            application (5647X03) that is pending before the State Water  
            Resources Control Board and also states that the bill does not  
            affect the Mokelumne River Project operated by PGE. 

          5)Defines the segments of the Mokelumne that may be added to the  
            system after the study is completed. 

          6)Extends existing law prohibiting state agencies from  
            cooperating with new dams on rivers in the system to the  
            stretch of the Mokelumne that is subject to the study.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, one-time costs  
          of up to $125,000 to the General Fund for the Natural Resources  
          Agency to complete the required study with 50% of the resources  
          for the study coming from the Upper Mokelumne River Watershed  
          Authority.







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          SUPPORT:   (Verified9/4/15)


          Amador City
          Amador City 
          Amador County Board of Supervisors 
          Amador County Business Council 
          Amador County Republican Central Committee 
          Amador Water Agency 
          American Whitewater
           Association of California Water Agencies 
          CA Wildlife Foundation
          CA Oaks 
          Calaveras Amador Mokelumne River Authority 
          Calaveras Community Action Project 
          Calaveras County Board Of Supervisors 
          Calaveras County Republican Party 
          Calaveras County Taxpayers Association 
          Calaveras County Water District 
          Calaveras Public Utility District 
          California League of Conservation Voters 
          California Outdoors 
          California Sportfishing Protection Alliance 
          California Water Impact Network 
          Center for Sierra Nevada Conservation 
          Central Sierra Mining 
          City of Ione 
          City of Jackson 
          City of Plymouth 
          City of Sutter Creek 
          Clean Water Action 
          East Bay Municipal Utility District 
          El Dorado Irrigation District 
          Environmental Water Caucus 
          First Mace Water Association 
          Foothill Conservancy 
          Friends of the River 
          Jackson Valley Irrigation District 
          Mountain Counties Water Resources Association 
          My Valley Springs 
          Natural Heritage Institute 
          North Coast Rivers Alliance 







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          Northern California Council of the International Federation of  
          Fly Fishers
          O.A.R.S. Companies, Inc. 
          Pine Grove CSD 
          Planning and Conservation League 
          Rabb Park CSD 
          Sierra Business Council 
          South Yuba River Citizens League 
          Terre Rouge & Easton Wines 


          OPPOSITION:   (Verified9/4/15)


          None received


          ARGUMENTS IN SUPPORT:     The goal of the author and many of the  
          supporters is to ensure that a study is completed before  
          designation of the Mokelumne is considered in legislation. Last  
          year, Senator Hancock carried SB 1199 which would have achieved  
          such a designation without a study. That bill was held in the  
          Assembly Appropriations Committee.

          ASSEMBLY FLOOR:  71-3, 6/1/15
          AYES:  Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta,  
            Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,  
            Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth,  
            Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,  
            Atkins
          NOES:  Grove, Levine, Mark Stone
          NO VOTE RECORDED:  Travis Allen, Dahle, Beth Gaines, Gallagher,  
            Gonzalez, Salas

          Prepared by:William Craven / N.R. & W. / (916) 651-4116
          9/8/15 17:26:25









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