BILL NUMBER: AB 83	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        JANUARY 5, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 83, as introduced, Jeffries. Environment: CEQA exemption:
recycled water pipeline.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also 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
exempts specified pipeline projects from the above requirements.
   This bill would additionally exempt a project for the installation
of a new pipeline, not exceeding a specified length, for the
distribution of recycled water within an improved public street,
highway, or right-of-way. Because a lead agency, which may include a
local agency, is required to determine whether a project qualifies
for those exemptions, this 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 project of less than one mile in length within a public street
 or highway or any other public   , highway, or
 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, "pipeline" includes subsurface
facilities but does not include any 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 for the installation of a new pipeline for the
distribution of recycled water, as defined in Section 13050 of the
Water Code, within a paved public street, highway, or right-of-way.
 
   (c) For the purposes of this section, "pipeline" includes
subsurface facilities but does not include any surface facility
related to the operation of an underground facility.  
   (d) This section does not limit an obligation to conduct a study
for a pipeline project, including a traffic study, required pursuant
to other law. 
  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.