BILL ANALYSIS Ó AB 142 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 142 (Bigelow) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |71-3 |(June 1, 2015) |SENATE: |39-0 |(September 9, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 142 Page 2 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 AB 142 Page 3 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. AB 142 Page 4 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 AB 142 Page 5 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. AB 142 Page 6 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