BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 142


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          142 (Bigelow)


          As Amended  September 4, 2015


          Majority vote


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          Original Committee Reference:  NAT. RES.




          SUMMARY:  Requires the Secretary of the Natural Resources Agency  
          (NRA) to conduct a study analyzing the suitability or  
          non-suitability of adding segments of the Mokelumne River and  
          its tributaries to the Wild and Scenic Rivers System (System).   
          This bill also specifies what must be considered during the  
          study, requires recommendations on the suitability or  
          nonsuitability of segments for addition to the System, and  
          creates interim protections while the study is being completed  
          and implemented or until December 31, 2021. 


          The Senate amendments:


          1)Add intent language clarifying that entities responsible for  
            the Mokelumne Watershed Interregional Sustainability  








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            Evaluation Program are allowed to seek state funding for which  
            the feasibility studies and assessments.


          2)Add intent language that declares until the completion of the  
            study and report 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 are allowed to 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.


          3)Require the study to consider feasibility specified studies  
            and assessments.


          4)Extend deadline of the study and report by a year and ends  
            interim protections by December 31, 2021.


          5)Require NRA to enter into a cost-sharing agreement with the  
            Upper Mokelumne River Watershed Authority and allows the state  
            to pay no more than 50% of the cost of the study and report.


          6)Revise the segments of the Mokelumne River that are designated  
            for potential addition to the system.


          7)Add the maintenance, repair, or operation by the Pacific Gas  
            and Electric Company of the Mokelumne River Project to  
            projects exempt from prohibition of state assistance for  
            projects that could have an adverse effect on the free-flowing  
            condition and natural character of the segments designated for  
            study.   


          EXISTING LAW, pursuant to the California Wild and Scenic Rivers  








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


          2)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 System.)


          3)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.


          4)Designates several California rivers and segments thereof as  
            components of the System. 








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          5)Requires the 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.


          6)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;


             e)   Potential uses which will be enhanced, foreclosed, or  
               curtailed if included in the System.


          FISCAL EFFECT: According to the Senate Appropriations Committee,  
          one-time costs of up to $125,000 to the General Fund for NRA to  
          complete the required study with 50% of the resources for the  
          study coming from the upper Mokelumne River Watershed Authority.


          COMMENTS:  The Act was passed in 1972 to preserve designated  
          rivers possessing extraordinary scenic, recreation, fishery, or  
          wildlife values.  With its initial passage, the System protected  
          segments of the Smith River and tributaries, Klamath River and  
          tributaries, Scott River, Salmon River, Trinity River, Eel  








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          River, Van Duzen River, and American River.  The System was  
          subsequently expanded by the Legislature to include the East  
          Carson and West Walker rivers in 1989, the South Yuba River in  
          1999, the Albion River and Gualala Rivers in 2003, and Cache  
          Creek in 2005.  In addition, segments of the McCloud River, Deer  
          Creek, and Mill Creek were protected under the Act in 1989 and  
          1995 respectively, although these segments were not formally  
          designated as components of the System. 


          The Act provides a number of legal protections for rivers  
          included within the System.  The Act defines "free-flowing" as  
          "existing or flowing without artificial impoundment, diversion,  
          or other modification of the river."  The existence of minor  
          structures, or even major dams located upstream or downstream of  
          a specific segment, does not preclude a river from designation.   
          Several rivers, such as the Klamath, Trinity, Eel, and lower  
          American, are included in the System despite substantial flow  
          modifications by existing upstream dams and impoundments. 


          No dam, reservoir, diversion, or other water impoundment  
          facility may be constructed on any river segment included in the  
          System.  However, there are exemptions, which include temporary  
          flood storage facilities on the Eel River and temporary  
          recreational impoundments on river segments with a history of  
          such impoundments.  NRA cannot authorize these temporary  
          recreational impoundments without first making a number of  
          findings.


          Located in the Central Sierra, the Mokelumne is a hard-working  
          river with dams and diversions providing irrigation water for  
          agriculture in the Central Valley while also generating  
          hydro-electricity for more than 200,000 homes.  The water  
          quality found in the North Fork and main stem of the Mokelumne  
          River has been found to be extremely high.  The East Bay  
          Municipal Utilities District serves approximately 1.4 million  
          residents of the East Bay with drinking water from this river  
          segment.  










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          The river is home to diverse wildlife populations, rare  
          wildlife, and a trout fishery.  It also features deep granite  
          canyons, the massive Devil's Nose and Calaveras Dome, cascading  
          waterfalls, dramatic gorges, and mature riparian forests that  
          afford increasingly rare opportunities to view isolated,  
          primitive mid-Sierra natural beauty.  The river is enjoyed by  
          many for recreation such as swimming, whitewater kayaking and  
          rafting, and hiking.  


          While Public Resources Code Section 5093.547 does require the  
          NRA to study potential additions to the system, no study has  
          been conducted in over 20 years.  AB 3101 (Sher) of 1986 and AB  
          653 (Sher) of 1993 required studies by the NRA, which included a  
          proposed designation, interim protections while the study was  
          conducted, and a due date for the study. 


          Rivers have been added to the system by the Legislature without  
          studies.  The Legislature added the South Yuba River in 1999,  
          the Albion River and Gualala Rivers in 2003, and Cache Creek in  
          2005 to the System without a study.


          Analysis Prepared by:                                             
                          Michael Jarred / NAT. RES. / (916) 319-2092  FN:  
          0002344