BILL NUMBER: AB 963	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Valadao

                        FEBRUARY 18, 2011

   An act to add Section 21080.43 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 963, as introduced, Valadao. Environmental quality: California
Environmental Quality Act (CEQA) exemption: substitution for
contaminated groundwater.
   (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 certain specified projects from its requirements.
   This bill would exempt a project undertaken to allow for the
substitution of a source of surface water for a source of groundwater
deemed to be contaminated if the source of contaminated groundwater
is serving an economically disadvantaged community of less than 3,000
residents. Because a lead agency would be required to determine
whether a project falls under this exemption, 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 21080.43 is added to the Public Resources Code,
to read:
   21080.43.  This division does not apply to a project undertaken to
allow for the substitution of a source of surface water for a source
of groundwater deemed to be contaminated if that source of
contaminated groundwater is serving an economically disadvantaged
community of less than 3,000 residents.
  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.