An act to amend Section 6025.5 of the Water Code, relating to dams.
Summary
AB 915 amends Section 6025.5 of the Water Code to expand an existing exemption from state dam-safety regulation and supervision. Under current law, certain wastewater treatment and storage ponds that meet specified size, engineering, and location criteria are exempt from state dam oversight. This bill adds a second exemption for water storage facilities, structures, and related activities tied to an energy storage system facility that uses compressed air technology in Kern County, north of Dawn Road between State Route 14 and Sierra Highway.
The new exemption applies only if the project meets detailed conditions, including a maximum water pool height of 25 feet or less, a maximum storage capacity of 1,500 acre-feet or less, design and construction under a registered civil engineer, no location across a stream channel or watercourse, and approval through the California Environmental Quality Act process and applicable certified state regulatory agencies. The bill also includes legislative findings that a special statute is necessary because the measure is tailored to a unique project in Kern County.
Impact
The bill narrows state dam-safety oversight in Water Code Section 6025.5 by creating a project-specific carveout for a compressed-air energy storage facility in Kern County. As a result, the Department of Water Resources’ dam safety supervision would not apply to the covered water storage components if the statutory criteria are met, shifting responsibility to the project’s lead agency and other applicable permitting authorities. The bill does not create a broad statewide exemption; it is limited to a single geographic area and a specific type of energy storage project.
Sentiment
The bill appears to have enjoyed strong support throughout the legislative process. The recorded votes were unanimous at each stage shown, with no recorded opposition in committee or on the floors of either house. The absence of committee transcript material limits insight into debate, but the voting history suggests broad agreement that the measure was a targeted, technical exemption for a specific infrastructure project rather than a controversial policy change.
Contention
The main point of potential contention is the special, project-specific nature of the exemption. By exempting a named class of facilities in a defined area of Kern County, the bill departs from a general statewide rule and relies on a constitutional finding that a special statute is necessary. Any concerns would likely center on whether the project should be subject to ordinary state dam-safety review, whether the compressed-air storage facility poses unique safety or environmental issues, and whether a narrowly tailored exemption sets a precedent for other projects seeking similar treatment. The legislative record provided does not show recorded opposition, but those are the issues most likely to have been debated.
A BILL for an Act to amend and reenact section 61-16.1-38, subsection 1 of section 61-16.1-53.1, section 61-32-03, and subsection 1 of section 61-32-08 of the North Dakota Century Code, relating to deadlines for permits issued by the department of water resources.
Relating to the inclusion of information about construction or maintenance work zones in the curriculum of driver education and driving safety courses.
Relating to the inclusion of information about construction or maintenance work zones in the curriculum of driver education and driving safety courses.