AB 2975: Wild and scenic rivers.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-27
Existing law establishes that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Existing law provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state wild and scenic rivers system shall be by statute, but authorizes the Secretary of the Natural Resources Agency to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations. Existing law, with respect to potential additions to the state wild and scenic rivers system, requires the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
This bill would, if (1) the federal government takes action to enact a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system; or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is not in the state wild and scenic rivers system from the protection of certain federal provisions governing restrictions on water resources projects, require the secretary, after holding a public hearing on the issue, based on the information obtained through the public hearing, to determine whether the provision of state protection for the river or segment of the river that has been removed, delisted, or exempted from the federal wild and scenic rivers system is in the best interest of the state and, if so, to take specified actions, until December 31, 2025, to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river, as prescribed.
Existing law establishes that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Existing law provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state wild and scenic rivers system shall be by statute, but authorizes the Secretary of the Natural Resources Agency to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations. Existing law, with respect to potential additions to the state wild and scenic rivers system, requires the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
This bill would, if (1) the federal government takes action to enact a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system; or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is not in the state wild and scenic rivers system from the protection of certain federal provisions governing restrictions on water resources projects, require the secretary, after holding a public hearing on the issue, based on the information obtained through the public hearing, to determine whether the provision of state protection for the river or segment of the river that has been removed, delisted, or exempted from the federal wild and scenic rivers system is in the best interest of the state and, if so, to take specified actions, until December 31, 2025, to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river, as prescribed.
Existing law establishes that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Existing law provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state wild and scenic rivers system shall be by statute, but authorizes the Secretary of the Natural Resources Agency to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations. Existing law, with respect to potential additions to the state wild and scenic rivers system, requires the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
This bill would, if (1) the federal government takes action to enact a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system; or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is not in the state wild and scenic river system from the protection of certain federal provisions governing restrictions on water resources projects, require the secretary, after holding a public hearing on the issue, based on the information obtained through the public hearing, to determine whether the provision of state protection for the river or segment of the river that has been removed, delisted, or exempted from the federal wild and scenic rivers system is in the best interest of the state and, if so, to take any necessary action specified actions, until December 31, 2025, to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river. river, as prescribed.
Existing law establishes that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Existing law provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state wild and scenic rivers system shall be by statute, but authorizes the Secretary of the Natural Resources Agency to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations. Existing law, with respect to potential additions to the state wild and scenic rivers system, requires the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
This bill would, if (1) the federal government takes action to remove or delist enact a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or if system; or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is not in the state wild and scenic river system from the protection of certain federal provisions governing restrictions on water resources projects, require the secretary, after holding a public hearing on the issue, to take any necessary action to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river.
Existing law establishes that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Existing law provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state wild and scenic rivers system shall be by statute, but authorizes the Secretary of the Natural Resources Agency to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations. Existing law, with respect to potential additions to the state wild and scenic rivers system, requires the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
This bill would, if the federal government takes action to remove or delist any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or if the secretary determines that the federal government has exempted a river or segment of a river in California that is not in the state wild and scenic river system from the protection of certain federal provisions governing restrictions on water resources projects, require the secretary, after holding a public hearing on the issue, to take any necessary action to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river.
(a)Notwithstanding Sections 5093.546 and 5093.547, if (1) the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system from the provisions of subdivision (a) of Section 1278 of Title 16 of the United States Code governing restrictions on water resources projects, as that section read on January 1, 2018, that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, the secretary shall take both of the following actions:
(1)Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
(2)(A)Based on the information obtained through the public hearing, determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational. A river added to the state wild and scenic rivers system under this paragraph shall be considered to be a component of the system as if designated pursuant to Section 5093.54 and classified pursuant to Section 5093.545.
(B)If the secretary makes a determination to add a river or segment of a river to the state wild and scenic rivers system under this paragraph, he or she shall take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system, and to classify the river or segment of the river to be added as wild, scenic, or recreational.
(C)Any action taken by the secretary under this section to designate a river or segment of a river as wild, scenic, or recreational under the state wild and scenic rivers system pursuant to this paragraph shall not exceed the geographic length of any federal designation specifying the size or boundaries of a river or segment of a river included in the national wild and scenic rivers system, as prescribed by the federal government.
(D)Notwithstanding any other provision in this chapter, an action taken by the secretary under this paragraph to add and classify an addition to the state wild and scenic rivers system shall not do any of the following:
(i)Provide protective provisions that exceed the scope of the prior federal designation as wild, scenic, or recreational of that river or segment of the river.
(ii)Conflict with any provisions of the prior federal designation of that river or segment of the river as wild, scenic, or recreational.
(iii)Conflict with a Comprehensive River Management Plan prepared for that river or segment of the river.
(b)Any action taken under this section to add and designate a river or segment of the river as wild, scenic, or recreational under the state wild and scenic rivers system shall take effect immediately upon the date of that designation, and shall remain in effect until December 31, 2025, or until the effective date of any statute enacted to remove or modify a river or segment of a river that was added to the state wild and scenic rivers system as described in subdivision (c), whichever comes first.
(c)The Legislature may enact a statute to remove, modify, or reclassify a designation of a river or segment of a river added to the state wild and scenic rivers system by the action of the secretary pursuant to this section.
(d)Nothing in this section shall be construed to provide any protections beyond the scope of those provided in the national wild and scenic rivers system that applied to that river or segment of the river before the river or segment of the river was removed, delisted, or exempted from the national wild and scenic rivers system.
(e)The secretary may only take action to add a river or segment of a river to the state wild and scenic rivers system pursuant to this section until December 31, 2025.
(a)Notwithstanding Sections 5093.546 and 5093.547, if (1) the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system from the provisions of subdivision (a) of Section 1278 of Title 16 of the United States Code governing restrictions on water resources projects, as that section read on January 1, 2018, that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, the secretary shall take both of the following actions:
(1)Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
(2)(A)Based on the information obtained through the public hearing, determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational. A river added to the state wild and scenic rivers system under this paragraph shall be considered to be a component of the system as if designated pursuant to Section 5093.54 and classified pursuant to Section 5093.545.
(B)If the secretary makes a determination to add a river or segment of a river to the state wild and scenic rivers system under this paragraph, he or she shall take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system, and to classify the river or segment of the river to be added as wild, scenic, or recreational.
(C)Any action taken by the secretary under this section to designate a river or segment of a river as wild, scenic, or recreational under the state wild and scenic rivers system pursuant to this paragraph shall not exceed the geographic length of any federal designation specifying the size or boundaries of a river or segment of a river included in the national wild and scenic rivers system, as prescribed by the federal government.
(D)Notwithstanding any other provision in this chapter, an action taken by the secretary under this paragraph to add and classify an addition to the state wild and scenic rivers system shall not do any of the following:
(i)Provide protective provisions that exceed the scope of the prior federal designation as wild, scenic, or recreational of that river or segment of the river.
(ii)Conflict with any provisions of the prior federal designation of that river or segment of the river as wild, scenic, or recreational.
(iii)Conflict with a Comprehensive River Management Plan prepared for that river or segment of the river.
(b)Any action taken under this section to add and designate a river or segment of the river as wild, scenic, or recreational under the state wild and scenic rivers system shall take effect immediately upon the date of that designation, and shall remain in effect until December 31, 2025, or until the effective date of any statute enacted to remove or modify a river or segment of a river that was added to the state wild and scenic rivers system as described in subdivision (c), whichever comes first.
(c)The Legislature may enact a statute to remove, modify, or reclassify a designation of a river or segment of a river added to the state wild and scenic rivers system by the action of the secretary pursuant to this section.
(d)Nothing in this section shall be construed to provide any protections beyond the scope of those provided in the national wild and scenic rivers system that applied to that river or segment of the river before the river or segment of the river was removed, delisted, or exempted from the national wild and scenic rivers system.
(e)The secretary may only take action to add a river or segment of a river to the state wild and scenic rivers system pursuant to this section until December 31, 2025.
(a)Notwithstanding Sections 5093.546 and 5093.547, if (1) the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system from the provisions of subdivision (a) of Section 1278 of Title 16 of the United States Code governing restrictions on water resources projects, as that section read on January 1, 2019, 2018, that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, the secretary shall take both of the following actions:
(a)(1)Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
(b)Take any necessary action to add a river or segment of a river that is removed, delisted, or exempted from those protective provisions of the national wild and scenic rivers system, and to classify that river or segment of a river as wild, scenic, or recreational. Each river or segment of a river so added and classified shall be deemed a component of the system as if designated in Section 5093.54 and classified in Section 5093.545.(2)(A)Based on the information obtained through the public hearing, determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational. A river added to the state wild and scenic rivers system under this paragraph shall be considered to be a component of the system as if designated pursuant to Section 5093.54 and classified pursuant to Section 5093.545.
(B)If the secretary makes a determination to add a river or segment of a river to the state wild and scenic rivers system under this paragraph, he or she shall take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system, and to classify the river or segment of the river to be added as wild, scenic, or recreational.
(C)Any action taken by the secretary under this section to designate a river or segment of a river as wild, scenic, or recreational under the state wild and scenic rivers system pursuant to this paragraph shall not exceed the geographic length of any federal designation specifying the size or boundaries of a river or segment of a river included in the national wild and scenic rivers system, as prescribed by the federal government.
(D)Notwithstanding any other provision in this chapter, an action taken by the secretary under this paragraph to add and classify an addition to the state wild and scenic rivers system shall not do any of the following:
(i)Provide protective provisions that exceed the scope of the prior federal designation as wild, scenic, or recreational of that river or segment of the river.
(ii)Conflict with any provisions of the prior federal designation of that river or segment of the river as wild, scenic, or recreational.
(iii)Conflict with a Comprehensive River Management Plan prepared for that river or segment of the river.
(b)Any action taken under this section to add and designate a river or segment of the river as wild, scenic, or recreational under the state wild and scenic rivers system shall take effect immediately upon the date of that designation, and shall remain in effect until December 31, 2025, or until the effective date of any statute enacted to remove or modify a river or segment of a river that was added to the state wild and scenic rivers system as described in subdivision (c), whichever comes first.
(c)The Legislature may enact a statute to remove, modify, or reclassify a designation of a river or segment of a river added to the state wild and scenic rivers system by the action of the secretary pursuant to this section.
(d)Nothing in this section shall be construed to provide any protections beyond the scope of those provided in the national wild and scenic rivers system that applied to that river or segment of the river before the river or segment of the river was removed, delisted, or exempted from the national wild and scenic rivers system.
(e)The secretary may only take action to add a river or segment of a river to the state wild and scenic rivers system pursuant to this section until December 31, 2025.
Notwithstanding Sections 5093.546 and 5093.547, if (1) the federal government takes action to remove or delist enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or if (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system from the provisions of subdivision (a) of Section 1278 of Title 16 of the United States Code governing restrictions on water resources projects, as that section reads read on January 1, 2019, that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, the secretary shall take both of the following actions:
(a)Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
(b)Take any necessary action to add a river or segment of a river that is removed, delisted, or exempted from those protective provisions of the national wild and scenic rivers system, and to classify that river or segment of a river as wild, scenic, or recreational. Each river or segment of a river so added and classified shall be deemed a component of the system as if designated in Section 5093.54 and classified in Section 5093.545.
Notwithstanding Sections 5093.546 and 5093.547, if the federal government takes action to remove or delist any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or if the secretary determines that the federal government has exempted a river or segment of a river in California that is not in the state wild and scenic rivers system from the provisions of subdivision (a) of Section 1278 of Title 16 of the United States Code governing restrictions on water resources projects, as that section reads on January 1, 2019, that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, the secretary shall take both of the following actions:
(a)Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
(b)Take any necessary action to add a river or segment of a river that is removed, delisted, or exempted from those protective provisions of the national wild and scenic rivers system, and to classify that river or segment of a river as wild, scenic, or recreational. Each river or segment of a river so added and classified shall be deemed a component of the system as if designated in Section 5093.54 and classified in Section 5093.545.
|
Date
|
Status
|
|---|---|
| Aug 27, 2018 | Chaptered by Secretary of State - Chapter 221, Statutes of 2018. |
| Aug 27, 2018 | Approved by the Governor. |
| Aug 14, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 9, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 9, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 26). Re-referred to Com. on APPR. |
| Jun 13, 2018 | Referred to Com. on N.R. & W. |
| Jun 4, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 29, 2018 | Read third time and amended. Ordered to third reading. |
| May 10, 2018 | Read second time. Ordered to third reading. |
| May 9, 2018 | From committee: Do pass. (Ayes 11. Noes 5.) (May 9). |
| Apr 10, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 9). Re-referred to Com. on APPR. |
| Apr 3, 2018 | Re-referred to Com. on NAT. RES. |
| Apr 2, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 8, 2018 | Referred to Com. on NAT. RES. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 9, 2018 | Assembly 3rd Reading AB2975 Friedman et al. By Allen | Senate Floor |
Passed |
|
| Jun 26, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 31, 2018 | AB 2975 FRIEDMAN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 9, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Adventure Connection, Inc. | ** Support | Aug 7, 2018 |
| African-American Farmers of California | ** Against | Apr 6, 2018 |
| Agricultural Council Of California | * Against | Apr 9, 2018 |
| All Outdoors Rafting | ** Support | Aug 7, 2018 |
| American Pistachio Growers | ** Against | Apr 6, 2018 |
| American Rivers | ** Support | Aug 7, 2018 |
| American Whitewater | ** Support | Aug 7, 2018 |
| Ancient Forest International | ** Support | Aug 7, 2018 |
| AquAlliance | ** Support | Aug 7, 2018 |
| Association Of California Water Agencies | ** Against | Apr 6, 2018 |
| Audubon California | * Support | Jun 26, 2018 |
| Bear Yuba Land Trust | ** Support | Aug 7, 2018 |
| California Association Of Nurseries And Garden Centers | ** Against | Apr 6, 2018 |
| California Association of Wine Grape Growers | * Indeterminate | May 9, 2018 |
| California Cattlemen'S Association | ** Against | Apr 6, 2018 |
| California Chamber Of Commerce | * Indeterminate | May 9, 2018 |
| California Cotton Ginners and Growers Association | ** Against | Apr 6, 2018 |
| California Cut Flower Commission | ** Against | Apr 6, 2018 |
| California Fresh Fruit Association | ** Against | Apr 6, 2018 |
| California Hydropower Reform Coalition | ** Support | Aug 7, 2018 |
| California Municipal Utilities Association | * Against | Apr 9, 2018 |
| California Outdoors | * Support | Jun 26, 2018 |
| California Outdoors | ** Support | Aug 7, 2018 |
| California Sportfishing Protection Alliance | ** Support | Aug 7, 2018 |
| California Tomato Growers Association | ** Against | Apr 6, 2018 |
| California Trout | ** Support | Aug 7, 2018 |
| California Water Impact Network | ** Support | Aug 7, 2018 |
| California Wilderness Coalition | ** Support | Aug 7, 2018 |
| Californians for Western Wilderness | ** Support | Aug 7, 2018 |
| Center for Sierra Nevada Conservation | ** Support | Aug 7, 2018 |
| Clean Water Action | ** Support | Aug 7, 2018 |
| Coast Action Group | ** Support | Aug 7, 2018 |
| Coastal Action Group | ** Support | Apr 6, 2018 |
| community hiking club | ** Support | Aug 7, 2018 |
| Defenders Of Wildlife | ** Support | Aug 7, 2018 |
| Eastern Sierra Land Trust | ** Support | Aug 7, 2018 |
| Edelstein Gilbert Robson Smith LLC | * Against | Apr 9, 2018 |
| El Dorado Irrigation District | ** Against | Apr 6, 2018 |
| Far West Equipment Dealers Association | ** Against | Apr 6, 2018 |
| Foothill Conservancy | ** Support | Aug 7, 2018 |
| Fresno County Board of Supervisors | ** Against | Aug 7, 2018 |
| Friant Water Authority | * Indeterminate | Apr 9, 2018 |
| Friends Of Plumas Wilderness | ** Support | Aug 7, 2018 |
| Friends of the Eel River | ** Support | Aug 7, 2018 |
| Friends of the Inyo | ** Support | Aug 7, 2018 |
| Friends of the River | ** Support | Aug 7, 2018 |
| Gualco Group | * Against | Apr 9, 2018 |
| Institute For Fisheries Resources | ** Support | Aug 7, 2018 |
| Keep Sespe Wild | ** Support | Aug 7, 2018 |
| Kings River Conservation District | ** Against | Apr 6, 2018 |
| Kings River Water Association | * Against | May 9, 2018 |
| Los Padres Forest Watch | ** Support | Aug 7, 2018 |
| Madera County Board of Supervisors | ** Against | Aug 7, 2018 |
| Merced River Conservation Committee | ** Support | Aug 7, 2018 |
| Natural Resources Defence Council | * Support | Jun 26, 2018 |
| Natural Resources Defense Council | ** Support | Aug 7, 2018 |
| Nisei Farmers League | ** Against | Apr 6, 2018 |
| North Fork American River Alliance | ** Support | Aug 7, 2018 |
| Northcoast Environmental Center | ** Support | Aug 7, 2018 |
| Northern California Council Fly Fishers International | * Support | May 9, 2018 |
| Northern California Council Fly Fishers International | * Support | May 9, 2018 |
| Oars Family Of Companies | ** Support | Aug 7, 2018 |
| Pacific Coast Federation Of Fishermen'S Associations | ** Support | Aug 7, 2018 |
| Patagonia, Inc. | ** Support | Aug 7, 2018 |
| Placer Land Trust | ** Support | Aug 7, 2018 |
| Planning And Conservation League | ** Support | Aug 7, 2018 |
| Protect American River Canyons | * Support | May 9, 2018 |
| Protect American River Canyons | ** Support | Aug 7, 2018 |
| Restore the Delta | ** Support | Aug 7, 2018 |
| Riverview Financial | * Support | May 9, 2018 |
| Safe Alternatives For Our Forest Environment | ** Support | Aug 7, 2018 |
| San Gabriel Valley Water Association | ** Against | Jun 22, 2018 |
| Shaw Yoder & Antwih | * Against | Apr 9, 2018 |
| Sierra Business Council | ** Support | Aug 7, 2018 |
| Sierra Club California | ** Support | Aug 7, 2018 |
| Sierra Foothill Conservancy | ** Support | Aug 7, 2018 |
| Sierra Forest Legacy | ** Support | Aug 7, 2018 |
| Sierra Nevada Alliance | ** Support | Aug 7, 2018 |
| South Yuba River Citizens League | ** Support | Aug 7, 2018 |
| The Bay Institute | ** Support | Aug 7, 2018 |
| The Wilderness Society | ** Support | Aug 7, 2018 |
| Tributary Whitewater Tours | ** Support | Aug 7, 2018 |
| Truckee Donner Land Trust | ** Support | Aug 7, 2018 |
| Trust for Public Land | * Support | Apr 9, 2018 |
| Tulare County Board of Supervisors | ** Against | Aug 7, 2018 |
| Tuolumne River Trust | ** Support | Aug 7, 2018 |
| United Water Conservation District | * Against | Apr 9, 2018 |
| United Water Conservation Districts | ** Against | Apr 6, 2018 |
| Valley Ag Water Coalition | ** Against | Apr 6, 2018 |
| Ventana Wilderness Alliance | ** Support | Aug 7, 2018 |
| Western Agricultural Processors Association | ** Against | Apr 6, 2018 |
| Western Growers Association | ** Against | Apr 6, 2018 |
| Whitewater Voyages | ** Support | Aug 7, 2018 |
| Wild and Scenic Rivers | ** Support | Jun 22, 2018 |
| Wild And Scenic Rivers - American Rivers | ** Support | Apr 6, 2018 |
| Willits Environmental Center | ** Support | Aug 7, 2018 |
| Wine Institute | ** Against | Apr 6, 2018 |
| Winnemem Wintu Tribe | ** Support | Aug 7, 2018 |
| Zephyr Whitewater Expeditions | ** Support | Aug 7, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2975
:
SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 6/26/18
AYES: Hertzberg, Allen, Hueso, Jackson, McGuire, Monning, Stern
NOES: Stone, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 49-26, 5/31/18 - See last page for vote
DIGEST:
This bill requires the Secretary of Natural Resources (secretary) in certain circumstances to determine whether the state should protect a river or segment of a river that has lost or will lose protection under the federal wild and scenic rivers system is in the best interests of the state, and, if so, to take certain actions until December 31, 2025, to add the river or segment to the state wild and scenic rivers system, as prescribed.
Existing federal law:
- Establishes the federal Wild and Scenic Rivers Act (federal act) (Public Law 90-542, Title 16, United States Code §§1271 et seq.) The federal act became law in 1968.
- Creates the national wild and scenic river system to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
- Prohibits the Federal Energy Regulatory Commission from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project on or directly affecting any river which is designated as a component of the national system or which is hereafter designated for inclusion in the national system.
- Prohibits federal department or agency from assisting by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as specified.
- Allows the licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary that does not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the component of the national system.
Existing state law:
- Establishes the California Natural Resources Agency (Natural Resources Agency) led by the secretary.
- Establishes the California Wild and Scenic Rivers Act (state act)(Public Resources Code §§5093.50 et seq.). The state act is based upon the federal act, and was passed in 1972.
- Establishes that it is the policy of the state that certain rivers that possess extraordinary scenery, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state, as specified.
- The non-degradation clause prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments in the state system.
- Provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state’s wild and scenic rivers systems shall be by statute, but authorizes the secretary to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations.
- Requires that the Natural Resources Agency be responsible for coordinating the activities of state agencies whose activities affect the rivers in the state system with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.
- Requires that the secretary for potential additions to the state wild and scenic river system study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability of the potential addition of rivers or segments thereof to the state system that are designated by the Legislature as potential additions. The secretary shall include his or her recommendations on the appropriate action.
This bill requires the secretary in certain circumstances to determine whether the state should protect a river or segment of a river that has lost or will lose protection under the federal wild and scenic rivers system is in the best interests of the state, and, if so, to take certain actions until December 31, 2025 to add the river or segment to the state wild and scenic rivers system, as prescribed.
Specifically, this bill requires the secretary in two circumstances, after holding a public hearing, to determine whether the provision of state protection for the river or segment of the river that has been removed, delisted, or exempted from the federal wild and scenic rivers systems is in the best interest of the state, and, if so, to take specific actions, until December 31, 2025, to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river, as prescribed.
- The two circumstances where the secretary is required to take specified actions are (a) if the federal government takes action to enact a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers systems and not in the state wild and scenic rivers system; or (b) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is not in the state wild and scenic river system from the protection of certain federal provisions governing restrictions on water resources projects.
- An action taken by the secretary to add and classify an addition to the state wild and scenic rivers system cannot provide protections that exceed the scope of the prior federal designation, conflict with any provisions of the prior federal designation of that river or segment, or conflict with an applicable comprehensive river management plan.
- The Legislature is authorized to enact a statute to remove, modify, or reclassify a designation of a river or segment of a river added to the state wild and scenic rivers system by action of the secretary, as specified.
Background
More than 2,100 miles or rivers and streams in California are protected in the federal and state wild and scenic rivers systems. Some rivers or segments of river enjoy federal protection, some have state protection, and others have both state and federal protection. The two systems provide similar protection – new dams are prohibited and major diversions on protected river segments are also prohibited – among other things.
In California, there are approximately 747 miles of wild and scenic rivers that have only federal protections. Recently certain segments of federally-protected wild and scenic rivers have been under threat. Since 2011 the U.S. House of Representatives has considered at least three bills to remove federal protection for part of a designated-wild portion of the Merced River to allow for the expansion of McClure reservoir. None of these provisions have become law, and no part of the existing wild and scenic river system has been de-designated to date. According to the author, the threatened segment of the Merced River provides whitewater boating, hiking, fishing and other popular outdoor activities. These activities also serve to attract tourism. Expansion of the McClure reservoir would also drown a significant portion of the population of fully protected Merced limestone salamanders, among other threatened or endangered species, and raise dam safety concerns, among other issues.
Comments
The Trump Administration and the environment. In addition to the efforts noted above to modify the existing federal wild and scenic river system in the state, the Trump Administration and the current U.S. Congress have repeatedly taken steps or threatened to take steps to weaken existing environmental protections of the country’s natural and other resources. In response, the Legislature has passed or is considering several bills that seek to continue under state law certain federal protections that may be eliminated (see, for example, SB 49 (de León, 2017), SB 50 (Allen, Chapter 535, Statutes of 2017), and AB 2627 (Kalra, 2018), among others). This bill is similar as it seeks to maintain under state law wild and scenic river protections on any federally-designated river or river segment for the entire potential duration of the Trump Administration. The ability of the secretary to extend the protection without legislative action will help to ensure no river or river segment loses protection even temporarily.
The San Joaquin River Gorge is not part of the federal wild and scenic river system. In 2012, the U.S. Bureau of Land Management recommended that the San Joaquin River Gorge (gorge) be added to the federal wild and scenic river system. The gorge has not, however, been added to the federal system despite the recommendation, and, therefore, is not subject to this bill. The gorge potentially could be adversely impacted by construction of the Temperance Flat Dam.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Friends of the River (source)
Adventure Connection, Inc.
All Outdoors Rafting
American Rivers
American Whitewater
Ancient Forest International
AquAlliance
Bear Yuba Land Trust
California Hydropower Reform Coalition
California Outdoors
California Sportfishing Protection Alliance
California Trout
California Water Impact Network
California Wilderness Coalition
Californians for Western Wilderness
Center for Sierra Nevada Conservation
Clean Water Action
Coast Action Group
Community Hiking Club
Defenders of Wildlife
Eastern Sierra Land Trust
Foothill Conservancy
Friends of Plumas Wilderness
Friends of the Eel River
Friends of the Inyo
Keep Sespe Wild
Los Padres Forest Watch
Merced River Conservation Committee
Natural Resources Defense Council
North Fork American River Alliance
Northcoast Environmental Center
OARS Family of Companies
Pacific Coast Federation of Fishermen’s Associations/Institute for Fisheries Resources
Patagonia, Inc.
Placer Land Trust
Planning and Conservation League
Protect American River Canyons
Restore the Delta
SAFE Alternatives for our Forest Environment
Sierra Business Council
Sierra Club California
Sierra Foothill Conservancy
Sierra Forest Legacy
Sierra Nevada Alliance
South Yuba River Citizens League
The Bay Institute
The Wilderness Society
Tributary Whitewater Tours
Truckee Donner Land Trust
Tuolumne River Trust
Ventana Wilderness Alliance
Whitewater Voyages
Willits Environmental Center
Winnemem Wintu Tribe
Zephyr Whitewater Expeditions
Fresno County Board of Supervisors
Madera County Board of Supervisors
Tulare County Board of Supervisors
ARGUMENTS IN SUPPORT: According to the author, “[t]here are about 747 miles of federally protected wild and scenic rivers in California that are preserved in their free-flowing conditions for the benefit and enjoyment of present and future generations. AB 2975 applies to these federal protected rivers if Congress or the Trump Administration were to pass legislation or enact an Executive Order to eliminate federal protection from all or a portion of a federal river, or exempt a federally protected river from the provision in the federal act that prohibits new dams and major diversions from designated river segments.”
ARGUMENTS IN OPPOSITION: The Tulare County Board of Supervisors writing in opposition states that they believe “…AB 2975 could be used to obstruct the development of Temperance Flat’s water storage capability, which is essential to addressing the San Joaquin Valley’s current water crisis and new State groundwater sustainability mandates. Such obstruction would be to the detriment of the health and welfare of the Valley residents, businesses, and agriculture.”
ASSEMBLY FLOOR: 49-26, 5/31/18
AYES: Aguiar-Curry, Baker, Berman, Bloom, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Bigelow, Brough, Caballero, Chávez, Chen, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Gray, Harper, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Arambula, Cooper, Rubio
8/7/18 17:28:50
**** END ****
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB 2975 Hearing Date: June 26, 2018
Author: | |||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Wild and scenic rivers
BACKGROUND AND EXISTING LAW
Existing law establishes the California Natural Resources Agency (Natural Resources Agency) led by the Secretary of Natural Resources (secretary).
Existing law establishes both the federal Wild and Scenic Rivers Act (federal act) (Public Law 90-542, Title 16, United States Code §§1271 et seq.) and the California Wild and Scenic Rivers Act (state act)(Public Resources Code §§5093.50 et seq.). The federal act became law in 1968, and the state act, passed in 1972, was based upon the federal act.
Pursuant to the federal act, existing law:
- Creates the national wild and scenic river system to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
- Prohibits The Federal Energy Regulatory Commission from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project on or directly affecting any river which is designated as a component of the national system or which is hereafter designated for inclusion in the national system.
- Prohibits a federal department or agency from assisting by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as specified.
- Allows the licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary that does not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the component of the national system.
Pursuant to the state act, existing law:
- Establishes that it is the policy of the state that certain rivers that possess extraordinary scenery, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state, as specified.
- The non-degradation clause prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments in the state system.
- Provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state’s wild and scenic rivers systems shall be by statute, but authorizes the secretary to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations.
- Requires the Natural Resources Agency to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the state system with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.
- Requires, with respect to potential additions to the state wild and scenic rivers system, the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
More than 2,100 miles or rivers and streams in California are protected in the federal and state wild and scenic rivers systems. Some rivers or segments of river enjoy federal protection, some have state protection, and others have both state and federal protection. The two systems provide similar protection – new dams are prohibited and major diversions on protected river segments are also prohibited – among other things.
In California, there are approximately 747 miles of wild and scenic rivers that have only federal protections. Recently certain segments of federally-protected wild and scenic rivers have been under threat. Since 2011 the U.S. House of Representatives has considered at least 3 bills to remove federal protection for part of a designated-wild portion of the Merced River to allow for the expansion of McClure reservoir. None of these provisions have become law, and no part of the existing wild and scenic river system has been de-designated to date. According to the author, the threatened segment of the Merced River provides whitewater boating, hiking, fishing and other popular outdoor activities. These activities also serve to attract tourism. Expansion of the McClure reservoir would also drown a significant portion of the population of fully protected Merced limestone salamanders, among other threatened or endangered species, and raise dam safety concerns, among other issues.
PROPOSED LAW
This bill would:
- Require the Secretary of the Natural Resources Agency in two circumstances, after holding a public hearing, to determine whether the provision of state protection for the river or segment of the river that has been removed, delisted, or exempted from the federal wild and scenic rivers systems is in the best interest of the state, and, if so, to take specific actions, until December 31, 2025, to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river, as prescribed.
- The two circumstances where the secretary is required to take specified actions are (1) if the federal government takes action to enact a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers systems and not in the state wild and scenic rivers system; or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is not in the state wild and scenic river system from the protection of certain federal provisions governing restrictions on water resources projects.
- An action taken by the secretary to add and classify an addition to the state wild and scenic rivers system cannot provide protections that exceed the scope of the prior federal designation, conflict with any provisions of the prior federal designation of that river or segment, or conflict with an applicable comprehensive river management plan.
- The Legislature is authorized to enact a statute to remove, modify, or reclassify a designation of a river or segment of a river added to the state wild and scenic rivers system by action of the secretary, as specified.
ARGUMENTS IN SUPPORT
According to the author, “[t]here are about 747 miles of federally protected wild and scenic rivers in California that are preserved in their free-flowing conditions for the benefit and enjoyment of present and future generations. AB 2975 applies to these federal protected rivers if Congress or the Trump Administration were to pass legislation or enact an Executive Order to eliminate federal protection from all or a portion of a federal river, or exempt a federally protected river from the provision in the federal act that prohibits new dams and major diversions from designated river segments.”
ARGUMENTS IN OPPOSITION
The San Gabriel Valley Water Association submitted a late “oppose unless amended” letter to the Committee well past the Committee deadline. Committee staff note that the Association expresses concern about possible impacts of this bill on the San Gabriel Valley’s water supply.
COMMENTS
The Trump Administration and the environment. The Trump Administration and the current U.S. Congress have repeatedly taken steps or threatened to take steps to weaken existing environmental protections of the country’s natural and other resources. In response, the Legislature has passed or is considering several bills that seek to continue under state law certain federal protections that may be eliminated (see, for example, SB 49 (de León, 2017), SB 50 (Allen, Chapter 535, Statutes of 2017), and AB 2627 (Kalra, 2018), among others). This bill is similar as it seeks to maintain under state law wild and scenic river protections on any federally-designated river or river segment for the entire potential duration of the Trump Administration.
The secretary vs. the Legislature. This bill authorizes the secretary to provide state protection for any river or river segment that loses federal protection and is not already part of the state system. The Legislature at any time could pass a law to add that river or river segment to the state system under existing law. The ability of the secretary to extend the protection without legislative action will help to ensure no river or river segment loses protection even temporarily.
The federally-designated rivers in the state. The 747 miles of rivers in California that only enjoy federal protection are located throughout the state. They include segments of the Middle Fork Feather River, Tuolumne River, Merced River, South Fork Merced River, Middle Fork Kings River, South Fork Kings River, North Fork Kern River, South Fork Kern River, some tributaries of the Smith River, Black Butter River, Big Sur River, Sisquoc River, Sespe Creek, Piru Creek, North Fork San Jacinto River, Fuller Mill Creek, Bautista Creek, Palm Canyon Creek, Amargosa River, Cottonwood Creek, and the headwaters of the Owens River (Glass Creek, Deadman Creek, Big Springs, and the Owens River).
Recent related legislation
SB 854 (Senate Budget and Fiscal Review Committee, 2018) among other things would designate certain segments of the Mokelumne River as wild. (This bill is currently enrolled.)
AB 975 (Friedman, 2017) would have applied the standard federal river corridor (320 acres per mile) to state rivers flowing through federal lands, and expanded the list of extraordinary values, among other things. (This bill died on the Assembly floor.)
AB 142 (Bigelow, Chapter 661, Statutes of 2015) required a study of the Mokelumne River as a potential addition to the state wild and scenic river system, as specified.
SB 1199 (Hancock, 2014) would have added segments of the Mokelumne River to the state system, as specified. (This bill was held in the Assembly Appropriations Committee.)
SUPPORT
Friends of the River (sponsor)
Adventure Connection, Inc.
All Outdoors Rafting
American Rivers
American Whitewater
Ancient Forest International
AquAlliance
The Bay Institute
Bear Yuba Land Trust
California Hydropower Reform Coalition
California Outdoors
California Sportfishing Protection Alliance
California Trout
California Water Impact Network
California Wilderness Coalition
Californians for Western Wilderness
Center for Sierra Nevada Conservation
Clean Water Action
Coast Action Group
Community Hiking Club
Defenders of Wildlife
Eastern Sierra Land Trust
Foothill Conservancy
Friends of Plumas Wilderness
Friends of the Eel River
Friends of the Inyo
Keep Sespe Wild
Los Padres Forest Watch
Merced River Conservation Committee
Natural Resources Defense Council
North Fork American River Alliance
Northcoast Environmental Center
OARS Family of Companies
Pacific Coast Federation of Fishermen’s Associations/Institute for Fisheries Resources
Patagonia, Inc.
Placer Land Trust
Planning and Conservation League
Protect American River Canyons
Restore the Delta
SAFE Alternatives for our Forest Environment
Sierra Business Council
Sierra Club California
Sierra Foothill Conservancy
Sierra Forest Legacy
Sierra Nevada Alliance
South Yuba River Citizens League
Tributary Whitewater Tours
Truckee Donner Land Trust
Tuolumne River Preservation Trust
Ventana Wilderness Alliance
Whitewater Voyages
Wild and Scenic Rivers
The Wilderness Society
Willits Environmental Center
Winnemem Wintu Tribe
Zephyr Whitewater Expeditions
OPPOSITION
San Gabriel Valley Water Association (unless amended)
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2975
Author:(Friedman)
As Amended Ver:May 29, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 6-3 | Muratsuchi, Chau, Eggman, Limón, Mark Stone, Bloom | Acosta, Flora, Melendez |
Appropriations | 11-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Flora |
SUMMARY: Requires the Secretary of the Natural Resources Agency (NRA) to take any necessary action to add any California river in the National Wild and Scenic River System, (National System) that is removed, delisted, or whose protections are weakened by the federal government, to the State Wild and Scenic Rivers System (State System), if it is not already part of that State System. Specifically, this bill:
- Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the State System resulting from federal action.
- Requires the NRA to determine whether the addition to the State System of the river or segments of the river removed, delisted, or exempted from the National System is in the best interested of the state and then add the river or segment of river only if it is determined be in the best interest of the state.
- Prohibits any action taken by NRA to add a river or segment of river from exceeding the geographic length of the federal designation.
- Prohibits protective provisions from exceeding the scope of the prior federal designation.
- Requires any river or segment of river added to the State System by NRA to only be in the State System until December 31, 2025.
- Prohibits NRA from adding a river or segment of river to the State System after December 31, 2025.
EXISTING LAW:
- Pursuant to 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, 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.
- 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 State System.)
- Requires that those rivers or segments of rivers included in the State System be 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.
- Designates several California rivers and segments thereof as components of the State System.
- Requires the NRA to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the State System with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.
- Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the State System when the Legislature designates potential additions to the State System.
- Requires the Secretary of the NRA to conduct a study analyzing the suitability or non-suitability of adding segments of the Mokelumne River and its tributaries to the State System.
- Pursuant to the Federal Wild and Scenic Act (Federal Act),
- Creates the National System to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
- Prohibits The Federal Energy Regulatory Commission from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project on or directly affecting any river which is designated as a component of the National System or which is hereafter designated for inclusion in that National System
- Prohibits a department or agency of the United States from assisting by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration.
- Allows the licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary that does invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the component of the National System.
FISCAL EFFECT: According to the Assembly Appropriation Committee, Unknown costs, but likely in the range of $50,000 or less to hold public hearings should one or more river, or segment of a river, lose federal protection.
COMMENTS:
- The Act. The Act was passed in 1972 to preserve designated rivers possessing extraordinary scenic, recreation, fishery, or wildlife values. With its initial passage, the State System protected segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, Trinity River, Eel River, Van Duzen River, and American River. The State 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, although these segments were not formally designated as components of the State System.
The Act provides a number of legal protections for rivers included within the State System, beginning with the following legislative declaration:
It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution.
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 State 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 State 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.
A cornerstone of the Act is the non-degradation clause, which prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments included in the State System.
The Act was patterned after the 1968 Federal Act. The state and federal acts share similar criteria and definitions in regard to the purpose of protecting rivers, the identification of free flowing rivers and extraordinary or outstanding values suitable for protection, establishing a study process to include rivers in the system, as well as an identical classification system. The primary purpose of both the state and federal acts is to prohibit new water impoundments on designated rivers.
- This bill. There are more than 747 miles of wild and scenic rivers in California under only federal protections, including segments of the Black Butte River, Middle Fork Feather River, Tuolumne River, Merced River, Kings River, North and South Forks Kern River, and the Big Sur River. Since 2011, the House of Representatives has considered at least three bills to weaken federal protection contained in the Federal Act for part of the Merced River. In addition, the current administration has engaged in a series of efforts to weaken environmental protections that have important ramifications for California.
The bill would authorize the NRA to provide state protections, if it is in the best interest of the state, for a limited period of time to rivers or segments of rivers delisted or whose protections have been weakened by federal action. The Legislature could then act to make the river or segment of river a permanently part of the State System. The bill also states that the Legislature may enact a statute to remove, modify, or reclassify a designation of a river or segment of river add to the State System. This provision has no effect because the Legislature always has the authority to amend the Act.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0003312
ASSEMBLY THIRD READING
ATR Bill Id:AB 2975
Author:(Friedman)
As Amended Ver:
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 6-3 | Muratsuchi, Chau, Eggman, Limón, Mark Stone, Bloom | Acosta, Flora, Melendez |
Appropriations | 11-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Flora |
SUMMARY: Requires the Secretary of the Natural Resources Agency (NRA) to take any necessary action to add any California river in the National Wild and Scenic River System, (National System) that is removed, delisted, or whose protections are weakened by the federal government, to the State Wild and Scenic Rivers System (State System), if it is not already part of that State System. Specifically, this bill:
- Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the State System resulting from federal action.
- Take any necessary action to add a river or segment of a river that is removed, delisted, or exempted from those protective provisions of the National System and classify that river or segment of a river as wild, scenic, or recreational in the State System.
EXISTING LAW:
- Pursuant to 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, 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.
- 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 State System.)
- Requires that those rivers or segments of rivers included in the State System be 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.
- Designates several California rivers and segments thereof as components of the State System.
- Requires the NRA to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the State System with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.
- Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the State System when the Legislature designates potential additions to the State System.
- Requires the Secretary of the NRA to conduct a study analyzing the suitability or non-suitability of adding segments of the Mokelumne River and its tributaries to the State System.
- Pursuant to the Federal Wild and Scenic Act (Federal Act),
- Creates the National System to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
- Prohibits The Federal Energy Regulatory Commission from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project on or directly affecting any river which is designated as a component of the National System or which is hereafter designated for inclusion in that National System
- Prohibits a department or agency of the United States from assisting by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration.
- Allows the licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary that does invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the component of the National System.
FISCAL EFFECT: According to the Assembly Appropriation Committee, Unknown costs, but likely in the range of $50,000 or less to hold public hearings should one or more river, or segment of a river, lose federal protection.
COMMENTS:
- The Act. The Act was passed in 1972 to preserve designated rivers possessing extraordinary scenic, recreation, fishery, or wildlife values. With its initial passage, the State System protected segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, Trinity River, Eel River, Van Duzen River, and American River. The State 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, although these segments were not formally designated as components of the State System.
The Act provides a number of legal protections for rivers included within the State System, beginning with the following legislative declaration:
It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution.
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 State 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 State 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.
A cornerstone of the Act is the non-degradation clause, which prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments included in the State System.
The Act was patterned after the 1968 Federal Act. The state and federal acts share similar criteria and definitions in regard to the purpose of protecting rivers, the identification of free flowing rivers and extraordinary or outstanding values suitable for protection, establishing a study process to include rivers in the system, as well as an identical classification system. The primary purpose of both the state and federal acts is to prohibit new water impoundments on designated rivers.
- This bill. There are more than 747 miles of wild and scenic rivers in California under only federal protections, including segments of the Black Butte River, Middle Fork Feather River, Tuolumne River, Merced River, Kings River, North and South Forks Kern River, and the Big Sur River. Since 2011, the House of Representatives has considered at least three bills to weaken federal protection contained in the Federal Act for part of the Merced River. In addition, the current administration has engaged in a series of efforts to weaken environmental protections that have important ramifications for California. This bill would create a disincentive for delisting rivers in the Federal System that are not in the State System. Discouraging delisting rivers in the Federal System is important because the Federal Act provides additional protections such as a management plan developed by the associated federal managing agency. The bill would also ensure that rivers maintain continuous protections to prevent projects that would diminish or eliminate the rivers' free-flowing state. This bill would be a departure from the current method of adding rivers to the State System, which is now done exclusively by the Legislature. However, relying on legislation to add rivers that have lost their federal protections might leave those rivers without protections.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0002915
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2975
Author:(Friedman) – As Amended Ver:April 2, 2018
Policy Committee: | Natural Resources | Vote: | 6 - 3 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Secretary of the Natural Resources Agency (NRA) to take any necessary action to add to the State Wild and Scenic Rivers System (State System), any California river in the National Wild and Scenic River System, (National System) that is removed, delisted, or whose protections are weakened by the federal government, provided the river is not already part of that State System. Specifically, this bill requires the secretary to:
- Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the State System resulting from federal action.
- Take any necessary action to add a river or segment of a river that is removed, delisted, or exempted from those protective provisions of the National System and classify that river or segment of a river as wild, scenic, or recreational in the State System.
FISCAL EFFECT:
Unknown costs, but likely in the range of $50,000 or less to hold a public hearings should one or more river, or segment of a river, lose federal protection.
COMMENTS:
- Purpose. There are more than 747 miles of wild and scenic rivers in California under federal protections only, including segments of the Black Butte River, Middle Fork Feather River, Tuolumne River, Merced River, Kings River, North and South Forks Kern River, and the Big Sur River.
Since 2011, the House of Representatives has considered at least three bills to weaken federal protection for part of the Merced River.
This bill authorizes the executive branch to give rivers state protection without legislative approval. Although this bill requires the Secretary of NRA to hold public hearings, regardless of public comment, under the provisions of the bill, the river, or segment of the river,must be protected under the State System.
- Background. The California Wild and Scenic Rivers Act established the policy of California to protect the designated segments of these classified rivers in their free-flowing state for the benefit and enjoyment of the people of the state. The law contains a declaration that such use of rivers is the highest and most beneficial use of these rivers and constitutes a reasonable and beneficial use within the meaning of the state constitution. Consequently, these segments are considered fully appropriated by the California Division of Water Rights. Those who obtain new water rights may not "impair" the designated segments of wild and scenic rivers.
California law now considers segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, East Carson and West Walker Rivers, South Yuba River, Albion and Gualala Rivers, and Cache Creek as Wild and Scenic.
Segments of the McCloud River, Deer Creek, and Mill Creek are also protected under the state act although not formerly designated. The Cache Creek designation, which cover 31 miles of that stream, was the most recent designation, in 2005.
The California Wild and Scenic Rivers Act requires the Natural Resources Agency (NRA) to perform a study to consider future additions to the state wild and scenic river system, however, segments have been added to the system as a result of such studies, but also through legislative action without studies.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 9, 2018
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Al Muratsuchi, Acting Chair
ABPCA Bill Id:AB 2975 (
Author:Friedman) – As Amended Ver:April 2, 2018
SUBJECT: Wild and scenic rivers
SUMMARY: Requires the Secretary of the Natural Resources Agency (NRA) to take any necessary action to add any California river in the National Wild and Scenic River System, (National System) that is removed, delisted, or whose protections are weakened by the federal government, to the State Wild and Scenic Rivers System (State System), if it is not already part of that State System.
EXISTING LAW:
- Pursuant to 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, 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.
- 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 State System.)
- Requires that those rivers or segments of rivers included in the State System be 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.
- 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;
- Designates several California rivers and segments thereof as components of the State System.
- Requires the NRA to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the State System with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.
- Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the State System when the Legislature designates potential additions to the State System.
- Requires the Secretary of the NRA to conduct a study analyzing the suitability or non-suitability of adding segments of the Mokelumne River and its tributaries to the State System.
- 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, 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.
- Pursuant to the Federal Wild and Scenic Act (Federal Act),
- Creates the National Wild and Scenic River System (National System) to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
- Prohibits The Federal Energy Regulatory Commission from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project on or directly affecting any river which is designated as a component of the National System or which is hereafter designated for inclusion in that National System.
- Prohibits a department or agency of the United States from assisting by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration.
- Allows the licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary that does invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the component of the National System.
- Creates the National Wild and Scenic River System (National System) to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
THIS BILL:
- Requires the Secretary of the NRA to take the following actions if the federal government removes, delists, or removes specified protections by statute or executive order any river or segment of a river in California that is part of the National System, but not part of the State System:
- Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the State System resulting from federal action.
- Take any necessary action to add a river or segment of a river that is removed, delisted, or exempted from those protective provisions of the National System and classify that river or segment of a river as wild, scenic, or recreational in the State System.
- Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the State System resulting from federal action.
FISCAL EFFECT: Unknown
COMMENTS:
- The Act. The Act was passed in 1972 to preserve designated rivers possessing extraordinary scenic, recreation, fishery, or wildlife values. With its initial passage, the State System protected segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, Trinity River, Eel River, Van Duzen River, and American River. The State 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, although these segments were not formally designated as components of the State System.
The Act provides a number of legal protections for rivers included within the State System, beginning with the following legislative declaration:
It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution.
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 State 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 State 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.
A cornerstone of the Act is the non-degradation clause, which prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments included in the State System.
The Act was patterned after the 1968 Federal Act. The state and federal acts share similar criteria and definitions in regard to the purpose of protecting rivers, the identification of free flowing rivers and extraordinary or outstanding values suitable for protection, establishing a study process to include rivers in the system, as well as an identical classification system. The primary purpose of both the state and federal acts is to prohibit new water impoundments on designated rivers.
- This bill. There are more than 747 miles of wild and scenic rivers in California under only federal protections, including segments of the Black Butte River, Middle Fork Feather River, Tuolumne River, Merced River, Kings River, North and South Forks Kern River, and the Big Sur River. Since 2011, the House of Representatives has considered at least three bills to weaken federal protection contained in the Federal Act for part of the Merced River. In addition, the current administration has engaged in a series of efforts to weaken environmental protections that have important ramifications for California. AB 2975 would create a disincentive for delisting rivers in the Federal System that are not in the State System. Discouraging delisting rivers in the Federal System is important because the Federal Act provides additional protections such as a management plan developed by the associated federal managing agency. The bill would also ensure that rivers maintain continuous protections to prevent projects that would diminish or eliminate the rivers’ free-flowing state. AB 2975 would be a departure from the current method of adding rivers to the State System, which is now done exclusively by the Legislature. However, relying on legislation to add rivers that have lost their federal protections might leave those rivers without protections.
- Previous legislation.
AB 975 (Friedman) adds "historical, cultural, geological or other similar values" to the values that certain rivers possess and the state should preserve. This bill also expands the area protected in the Wild and Scenic Rivers System from immediately adjacent to the river segment to within a quarter mile of the river. This bill was never taken up on the Assembly Floor.
AB 142 (Bigelow), Chapter 661, Statutes of 2015, requires, prior to the designation of the Mokelumne River, the NRA to conduct a study analyzing the suitability or non-suitability of the Mokelumne River, its tributaries, or portions of the river for addition to the System System.
REGISTERED SUPPORT / OPPOSITION:
Support
All Outdoors Rafting
American Whitewater
Ancient Forest International
AquAlliance
California Outdoors
California Hydropower Reform Coalition
California Sportfishing Protection Alliance
California Trout
California Water Impact Network
California Wilderness Coalition
Californians for Western Wilderness
Center for Sierra Nevada Conservation
Coastal Action Group
Community Hiking Club
Defenders of Wildlife
Foothill Conservancy
Friends of the Eel River
Friends of the Inyo
Friends of Plumas Wilderness
Friends of the River
Keep Sespe Wild
Los Padres Forest Watch
Merced River Conservation Committee
Natural Resources Defense Council
North Fork American River Alliance
Northcoast Environmental Center
OARS Family of Companies
Pacific Coast Federation of Fishermen’s Associations
Planning and Conservation League
Protect American River Canyons
SAFE Alternatives for our Forest Environment
Sierra Club California
Sierra Forest Legacy
The Bay Institute
Tuolumne River Trust
The Wilderness Society
Ventana Wilderness Alliance
Whitewater Voyages
Wild and Scenic Rivers – American Rivers
Willits Environmental Center
Winnemem Wintu Tribe
Zephyr Whitewater Expeditions
Opposition
African-American Farmers of California
Agricultural Council of California
American Pistachio Growers
Association of California Water Agencies
California Chamber of Commerce
California Association of Nurseries and Garden Centers
California Cattlemen’s Association
California Cotton Ginners and Growers Association
California Cut Flower Commission
California Fresh Fruit Association
California Municipal Utilities Association
California Tomato Growers Association
El Dorado Irrigation District
Far West Equipment Dealers Association
Kings River Conservation District
Kings River Water Association
Nisei Farmers League
United Water Conservation Districts
Valley Ag Water Coalition
Western Agricultural Processors Association
Western Growers Association
Wine Institute
Analysis Prepared by: Michael Jarred / NAT. RES. /
Discussed in Hearing
8MIN
Senate Standing Committee on Natural Resources and Water
3MIN
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
10MIN
Assembly Standing Committee on Natural Resources
Bill Author
Bill Co-Author(s):
