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SB-193 Monterey County Water Resources Agency: Lake Nacimiento and Lake San Antonio: white bass.(2017-2018)

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Date Published: 06/09/2017 04:00 AM
SB193:v97#DOCUMENT

Amended  IN  Senate  June 08, 2017
Amended  IN  Senate  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 193


Introduced by Senator Cannella

January 30, 2017


An act to add Section 11.2 to the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990), relating to water. water, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 193, as amended, Cannella. Monterey County Water Resources Agency: Lake Nacimiento and Lake San Antonio: white bass.
Existing law establishes the Monterey County Water Resources Agency as a flood control and water agency within the County of Monterey. Existing law authorizes the agency to award a design-build contract for the combined design and construction of a project to connect Lake San Antonio, located in the County of Monterey, and Lake Nacimiento, located in the County of San Luis Obispo, with an underground tunnel or pipeline for the purpose of maximizing water storage, supply, and groundwater recharge.
Existing law makes it unlawful to place, plant, or cause to be placed or planted, in any of the waters of this state, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the state, without first submitting it for inspection to, and securing the written permission of, the Department of Fish and Wildlife. Existing law also makes it unlawful to transport or possess any live white bass, whether taken within or without the state, unless it is first submitted for inspection to, and written permission is obtained from, the department.
This bill would exempt the movement of white bass between Lake Nacimiento and Lake San Antonio through the interlake underground tunnel or pipeline from the above-described provisions relating to fish and wildlife. The bill would provide that, notwithstanding any other state law, the movement of white bass through the underground tunnel or pipeline is not unlawful under state law.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Monterey County Water Resources Agency.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The Department of Fish and Wildlife planted white bass in Lake Nacimiento in 1965. The introduction of these white bass created the possibility that white bass would move with the flow of the waters of the Nacimiento Reservoir.
(2) The activities of the Monterey County Water Resources Agency are those of a public entity of the state, providing flood control, water conservation, and recreational services for the Salinas Valley Groundwater Basin.
(3) Construction of the Interlake Tunnel and San Antonio Spillway Modification Project will reduce the opportunities for white bass to be carried over the Nacimiento Dam spillway and into the Nacimiento River as a result of high flows and flood control releases. One consequence of the Interlake Tunnel and San Antonio Spillway Modification Project will be to minimize the opportunities for white bass to enter the Salinas River at its confluence with the Nacimiento River.
(b) It is the intent of the Legislature that Sections 6400 and 6400.5 of the Fish and Game Code not apply to the incidental movement of white bass that results or is caused by the Interlake Tunnel and San Antonio Spillway Modification Project constructed pursuant to Section 11.1 of the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990, as amended by Chapter 865 of the Statutes of 2014).

SEC. 2.

 Section 11.2 is added to the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990), to read:

Sec. 11.2.

 The movement of white bass between Lake Nacimiento in the County of San Luis Obispo and Lake San Antonio in the County of Monterey through a project constructed pursuant to Section 11.1 is exempt from Sections 6400 and 6400.5 of the Fish and Game Code. Notwithstanding any other state law, the movement of white bass through the project is not unlawful under state law.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Monterey County Water Resources Agency.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to make lawful the movement of white bass through the Interlake Tunnel and San Antonio Spillway Modification Project before construction is completed, it is necessary for this act to take effect immediately.