AMENDED IN SENATE JULY 17, 2025
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AMENDED IN ASSEMBLY MAY 23, 2025
AMENDED IN ASSEMBLY APRIL 22, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
94
Introduced by Assembly Member Petrie-Norris
February 19, 2025
An act to amend Section 6025.5 of the Water Code, relating to dams.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law regulates the construction and operation of dams and exempts certain structures for these purposes. Existing law exempts certain wastewater treatment and storage ponds constructed as part of a wastewater control facility, as provided, from the requirements for state regulation and supervision of the safety of dams.
This bill would additionally exempt from the requirements for state regulation and supervision of the safety of dams certain water storage facilities, structures, and activities associated with an energy storage system facility located in the County of Kern, as specified, that uses compressed air technology and meets certain criteria, including, among other things, a maximum water pool height of 25 feet or less from the final engineered grade, a maximum storage capacity of 1,500 acre-feet or less, and supervision of the design and construction by a registered civil engineer.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern.
The people of the State of California do enact as follows:
SECTION 1.
Section 6025.5 of the Water Code is amended to read:
6025.5.
Notwithstanding any other law, the requirements for state regulation and supervision of safety of dams, as contained in this division, shall not apply to both of the following:
(a) Wastewater treatment and storage ponds constructed as a part of a wastewater control facility that meet all of the following criteria:
(1) The governing body of the city, county, district, or other agency that operates the wastewater control facility adopts a resolution that finds that the ponds have been constructed and operated to standards adequate to protect life and property, and provides that the city, county, district, or other agency shall supervise and regulate the design, construction, operation enlargement, replacement, and removal of the ponds after the effective date of the resolution.
(2) A maximum height of 15 feet or less and a maximum storage capacity of 1,500 acre-feet or less.
(3) Designed by, and constructed under, the supervision of a registered civil engineer.
(4) Are not across a stream channel or watercourse.
(b) Water storage facilities, structures, and activities associated with an energy storage system facility using compressed air technology that are located in the County of Kern, north of Dawn Road between State Route 14 and Sierra Highway, and meet all of the following criteria:
(1) A maximum water pool height of 25 feet or less from the final engineered grade and a maximum storage capacity of 1,500 acre-feet or less.
(2) Designed by, and constructed under, the supervision of a registered civil engineer.
(3) Are not across a stream channel or watercourse.
(4) Are approved by a lead agency pursuant to the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, including, but not limited to, approval by state regulatory agencies that have been certified by the Secretary of the Resources Agency as meeting the requirements of Section 21080.5 of the Public Resources Code.
SEC. 2.
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 project that will be located within the County of Kern.