BILL ANALYSIS Ó AB 83 Page 1 Date of Hearing: April 4, 2011 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 83 (Jeffries) - As Introduced: January 5, 2011 SUBJECT : California Environmental Quality Act: exemption SUMMARY : Establishes an exemption from the California Environmental Quality Act (CEQA) for installation of new recycled water pipelines less than eight miles in length. EXISTING LAW , CEQA, requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA. CEQA includes an exemption for any pipeline project less than one mile in length within a public street, highway, or right-of-way, as well as a limited exemption for a project involving an existing intrastate liquid pipeline subject to the Pipeline Safety Act if the project is less than eight miles in length. THIS BILL : 1)Exempts from review under CEQA installation of a new recycled water pipeline less than eight miles in length within a paved public street, highway, or right-of-way. 2)Provides that the bill does not limit an obligation to conduct a study for a pipeline project, including a traffic study, pursuant to other law. FISCAL EFFECT : Unknown COMMENTS : Background. CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, an initial study is prepared to determine whether the 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 AB 83 Page 2 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. AB 83 Page 3 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 and pipelines. CEQA includes limited exemptions for relatively small-scale pipeline maintenance and installation projects. A general exemption is available for projects under one mile in length. A more specific exemption is available for projects up to eight miles in length involving maintenance and replacement, but not expansion, of pipelines regulated under the Pipeline Safety Act (e.g. petroleum pipelines). This bill would establish an exemption for water pipeline projects less than eight miles in length. According to the author, the exemption is intended to reduce costs associated with environmental review and expedite projects. REGISTERED SUPPORT / OPPOSITION : Support Associated Builders and Contractors of California Association of California Water Agencies California Association of Sanitation Agencies California Chamber of Commerce Eastern Municipal Water District Western Municipal Water District Opposition Audubon California California Coastal Protection Network California League of Conservation Voters California Native Plant Society Forests Forever Natural Resources Defense Council Planning and Conservation League Physicians for Social Responsibility Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916) 319-2092 AB 83 Page 4