BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 83
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          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 








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          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.








































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          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 









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