BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 605|
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THIRD READING
Bill No: SB 605
Author: Ashburn (R)
Amended: 5/4/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 4/27/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Environmental Quality Act: biogas
pipelines:
exemption
SOURCE : Kern County Board of Supervisors
DIGEST : This bill provides for a biogas pipeline in
Fresno, Kern, Kings, or Tulare County to be added to the
exemption currently allowed for natural gas pipelines under
the California Environmental Quality Act.
ANALYSIS : Existing law, under the California
Environmental Quality Act (CEQA):
1. Requires lead agencies with the principal responsibility
for carrying out or approving a proposed project to
prepare a negative declaration, mitigated declaration,
or environmental impact report (EIR) for this action,
unless the project is exempt from CEQA (CEQA includes
CONTINUED
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various statutory exemptions, as well as categorical
exemptions in the CEQA guidelines). (Section 21080 et
seq. of the Public Resources Code)
2. Exempts 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. (Section 21080.21)
3. Exempts the inspection, repair, restoration,
reconditioning, relocation, replacement, or removal of
an existing pipeline less than eight miles in length, or
any valve, flange, meter, or other equipment directly
attached to the pipeline if certain conditions are met
(e.g., "pipeline" is covered under the Elder California
Pipeline Safety Act of 1981, project is not less than
eight miles from any section of pipeline that has been
subject to this exemption in the past 12 months, certain
notice is provided, project is located within an
existing right-of-way and restored to its condition
prior to the project, notice requirements). (Section
21080.23)
This bill:
1. Provides that for purposes of the Section 21080.23
pipeline exemption, "pipeline" also means a pipeline
located in Fresno, Kern, Kings, or Tulare County used to
transport biogas, meeting the requirements of that
section and all local, state, and federal laws.
2. Defines "biogas" as a natural gas meeting certain
requirements and derived from anaerobic digestion of
dairy animal waste.
3. Sunsets January 1, 2013.
4. Provides legislative intent regarding the need for
special legislation.
Comments
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According to the author, "Collection of Biogas produced at
dairy operations is an emerging method that can reduce
dairy emissions of methane, one of the leading contributors
to greenhouse gas (GHG) emissions ? the resulting usable
gas can be transported via pipelines to commercial natural
gas transmission lines where it is inserted into existing
natural gas supplies." Although there are CEQA exemptions
for certain pipelines, the author notes that "biogas was
not being transported when the exemptions were put into the
code."
Background
CEQA provides a process for evaluating the environmental
effects of a project, and includes statutory exemptions, as
well as categorical exemptions in the CEQA guidelines. If
a project is not exempt from CEQA, an initial study is
prepared to determine whether a project may have a
significant effect on the environment. If the initial
study shows that there would not be a significant effect on
the environment, the lead agency must prepare a negative
declaration. If the initial study shows that the project
may have a significant effect on the environment, the lead
agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from the proposed
project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
CEQA pipeline exemptions . As noted above, current law
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exempts installation of a new pipeline of less than one
mile under certain circumstances (Section 21080.21). The
inspection, maintenance, repair, restoration, reconditions,
relocation, replacement, or removal of an existing pipeline
less than eight miles is also exempt from CEQA under
certain conditions (Section 21080.23).
This bill addresses concerns of the author and sponsor over
biogas from dairies by (1) providing that a biogas pipeline
for biogas from dairies in Fresno, Kern, Kings, or Tulare
counties is covered under the current eight-mile pipeline
exemption (Section 21080.23), (2) defining "biogas," (3)
requiring compliance with local, state, and federal laws,
and (4) setting a January 1, 2013 sunset so that the use of
this exemption can be evaluated.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/19/09)
Kern County Board of Supervisors (source)
Sierra Club California
TSM:mw 5/20/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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