BILL ANALYSIS Ó
SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Ben Hueso, Chair
2015 - 2016 Regular
Bill No: AB 568 Hearing Date: 6/16/2015
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|Author: |Dodd |
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|Version: |5/14/2015 As amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Jay Dickenson |
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SUBJECT: Reclamation District No. 108: hydroelectric power
DIGEST: This bill allows Reclamation District No. 108 (RD
108), on the western edge of the Sacramento River, to construct
and operate a hydroelectric powerplant and transmission lines.
ANALYSIS:
Existing law:
1)Authorizes the formation of reclamation districts for the
reclamation of any land within any city, which land is subject
in any manner, to overflow or incursions from the tide or
inland waters of the state and proscribes the powers of such
districts. (Water Code §50110 et sec.)
2)Authorizes Reclamation District No. 1004 (RD 1004), in
conjunction with the County of Colusa, to construct, maintain
and operate a plant for the generation of hydroelectric power.
(Water Code §50906)
3)Allows RD 1004 to lease the hydroelectric plant, transmission
lines, and related facilities, and sell the power generated to
a public utility or public agency engaged in the distribution,
use or sale of electricity. (Water Code §50906)
4)Allows the construction of the plant and transmission lines to
be financed by the issuance of time warrants, and allows the
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RD 1004 Board of Trustees, by resolution, to only use the
proceeds from the hydroelectric power plant, instead of
assessments, to pay for the time warrants. (Water Code
§50906)
5)Requires proceeds from the sale of electricity to be utilized
to retire any time warrants issued for construction of the
facilities and otherwise for the powers and purposes for which
the district was formed. (Water Code §50906)
6)Prohibits RD 1004 from selling the power directly to the
customer, other than to a public utility or public agency.
(Water Code §50906)
This bill:
1)Provides RD 108 all the powers and authorities related to the
hydroelectric power currently enjoyed by RD 1004, as described
above under "Existing law."
2)Repeals the provisions described above, for RD 108 only, as of
January 1, 2021.
Background
Reclamation districts. Reclamation districts provide flood
protection to the Central Valley. Stature provides for the
formation, governance and powers of various types of special
districts, including reclamation districts. Statute provides
several types of special districts with the authority to operate
hydroelectric power generation facilities. However, statute
does not provide reclamation districts with this power,
generally. One exception is RD 1004 in Colusa County, which
statute, in 1984, authorized to construct, maintain, and operate
a plant for the generation of hydroelectric power.
Reclamation District No.108. RD 108, as described on its
website, is located along the western edge of the Sacramento
River and delivers water to nearly 48,000 acres of farmland
within southern Colusa County and northern Yolo County. The
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district was formed in 1870 to build levees and reclaim flooded
land.
According to the author, RD 108 uses a significant amount of
energy operating its pumping facilities. The district has
constructed a 386 kilowatt solar electricity generating
facility. In addition, the district has joined a joint powers
authority (JPA) with Glenn-Colusa Irrigation District,
Tehama-Colusa Canal Authority, Maxwell Irrigation District,
Glenn County, Colusa County, and the Yolo County Flood Control
and Water Conservation District. As a member of the JPA, the
reclamation district expects to benefit from generation of
hydropower following development of the proposed Sites Reservoir
north of the Delta. However, the district does not have the
authority to construct or operate such a hydropower facility or
to transmit or sell the electricity its produces. AB 568 would
grant RD 108 such authority.
Not without controversy. As mentioned above, statute allows
many special districts that manage water to build and operate
hydroelectric facilities. It is unclear why reclamation
districts are not, generally, provided the same authority. The
proposal to allow RD 108 to construct and operate a
hydroelectric facility is not particularly controversial.
However, development of the Sites Reservoir is controversial.
Several conservation and environmental organizations oppose this
bill because it would facilitate development of the reservoir.
These groups contend the reservoir would harm the Delta
ecosystem while providing few, if any, resource management
benefits.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: No Local: No
ASSEMBLY VOTES:
Assembly Floor (75-0)
Assembly Utilities and Commerce Committee(15-0)
Assembly Local Government Committee(9-0)
SUPPORT:
Northern California Water Association (Source)
California Municipal Utilities Association
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Colusa County
Water Resources Association of Yolo County
Yolo County
OPPOSITION:
American Whitewater
California Outdoors
California Sportfishing Protection Alliance
Foothill Conservancy
Friends of the River
Sierra Club California
ARGUMENTS IN SUPPORT: Proponents claim this bill will allow
RD 108 to reduce its energy costs in an environmentally
responsible way.
ARGUMENTS IN OPPOSITION: Opponents contend this bill would
facilitate development of the Sites Reservoir, which they
contend would harm the Delta ecosystem while providing few, if
any, resource management benefits.
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