BILL NUMBER: SB 605	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to amend Section 21080.21 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 605, as introduced, Ashburn. California Environmental Quality
Act: biogas pipelines: exemption.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. CEQA also generally requires a lead agency to prepare a
mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project
would avoid or mitigate that effect and there is no substantial
evidence that the project, as revised, would have a significant
effect on the environment. CEQA provides some exemptions from its
requirements for specified projects, including for a project of less
than one mile in length within a public street or highway or another
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline. CEQA
also exempts from its requirements a project that consists of the
inspection, maintenance, repair, restoration, reconditioning,
relocation, replacement, or removal of an existing pipeline, as
defined, if specified conditions are met, including that the project
is less than 8 miles in length.
   This bill would exempt from CEQA a project of less than 8 miles in
length within a public street or highway or another public
right-of-way for the installation of a new pipeline, or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline, that is
used to transport biogas. Because a lead agency would be required to
determine the applicability of the exemption, the bill would impose a
state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.21 of the Public Resources Code is
amended to read:
   21080.21.   (a)    This division does not apply
to  any   a  project of less than one mile
in length within a public street or highway or  any other
  another  public right-of-way for the installation
of a new pipeline or the maintenance, repair, restoration,
reconditioning, relocation, replacement, removal, or demolition of an
existing pipeline. For purposes of this  section 
 subdivision  , "pipeline" includes subsurface facilities
but does not include  any  a  surface
facility related to the operation of the underground facility. 
   (b) This division does not apply to a project of less than eight
miles in length within a public street or highway or another public
right-of-way for the installation of a new pipeline, or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline, that is
used to transport biogas. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.