Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2417

Introduced by Assembly Member Nazarian

February 21, 2014

An act to begin delete amend Section 21000 of end delete begin insert add Section 21080.21.5 to end insert the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2417, as amended, Nazarian. begin delete Environmental quality. end delete begin insert California Environmental Quality Act: exemption: recycled water pipelines. end insert

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 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 begin delete makes various legislative findings regarding environmental quality. end delete begin insert exempts specified pipeline projects from the above requirements. end insert

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This bill would make technical, nonsubstantive changes to those legislative findings.

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This bill would additionally exempt from CEQA a project for the construction and installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline, not exceeding 8 miles in length, for the distribution of recycled water within a public street, highway, or right-of-way and would require the lead agency to undertake specified activities, including the filing of a notice of exemption for the project with the Office of Planning and Research and the office of the county clerk of each county in which the project is located. Because the lead agency is required to determine whether a project qualifies for that exemption, and undertake specified activities, this bill would impose a state-mandated local program. The bill would require the county clerk to post the notice of exemption within 24 hours of receipt, thereby imposing a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) California is experiencing its worst water shortage crisis
in modern history and increasing the use of recycled water, a
supply that is not dependent on precipitation, is critical to
increasing the flexibility of, and expanding, the state’s available
water supply.

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(b) The pressures on the Bay-Delta ecosystem, climate change,
and continuing population growth have increased the challenges
to the state in providing clean water needed for a healthy
population and economy.

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(c) Recycled water has been beneficially used in California for
the past century for a variety of purposes, including agriculture,
landscape irrigation, seawater barrier, industrial purposes, and
groundwater recharge.

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(d) Recycled water can significantly stretch California’s potable
water supplies and help increase local water supply reliability.
Currently, more than 3.5 million acre-feet of recyclable water is
discharged annually to the ocean.

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(e) The Assembly Committee on Water, Parks, and Wildlife, in
March 2012, reported that the level of water supplies that could
potentially be derived from recycled water is substantial.

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(f) The National Academy of Sciences, in Water Reuse: Potential
for Expanding the Nation’s Water Supply Through Reuse of
Municipal Wastewater, states that “in the U.S. approximately 12
billion gallons of municipal wastewater effluent is discharged each
day to an ocean or estuary and that reusing these coastal
discharges could directly augment public supplies by 27 percent.”

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(g) The National Academy of Sciences further found that, unlike
water that is discharged into a stream and potentially used by
another downstream party, water discharged to the ocean is
considered “‘irrecoverable’ and thus constitutes ‘new supply.’”

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(h) In 2010, the State Water Resources Control Board adopted
a recycled water policy for California with a goal of creating an
additional 2.5 million acre-feet of recycled water by 2030.

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(i) The delivery of shovel-ready recycled water projects can
provide immediate drought relief to California’s struggling
communities.

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(j) Recycled water projects could and should be expedited by
providing relief from the time consuming provisions of the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code), while still
complying with all state and local laws and providing notification
to the public and appropriate local and state agencies.

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begin insert SEC. 2. end insert   

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begin insert Section 21080.21.5 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

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begin insert 21080.21.5. end insert   

(a) This division does not apply to a project of
less than eight miles in length within a public street, highway, or
right-of-way for the construction and installation of a new recycled
water pipeline, or the maintenance, repair, restoration,
reconditioning, relocation, replacement, removal, or demolition
of an existing recycled water pipeline.

(b) For the purposes of this section, “pipeline” means
subsurface pipelines and subsurface or surface accessories or
appurtenances to a pipeline, such as mains, traps, vents, cables,
conduits, vaults, valves, flanges, manholes, and meters.

(c) For the purposes of construction and installation of a new
recycled water pipeline, or the maintenance, repair, restoration,
reconditioning, relocation, replacement, removal, or demolition
of an existing recycled water pipeline, the lead agency shall do
all of the following:

(1) File a notice of exemption of the project from this division
with the Office of Planning and Research and in the office of the
county clerk of each county in which the project is located within
20 days of the approval of the project. The county clerk shall post
the notice within 24 hours of receipt.

(2) Ensure that the underlying property owner has given
permission to access the property, in the case of a right-of-way
over private property, if access is not granted in the express terms
of the right-of-way.

(3) Ensure the restoration of the public street, highway, or
right-of-way to a condition consistent with all applicable local
laws or regulations, or a negotiated agreement.

(d) The project applicant shall comply with all applicable laws
and regulations, including Chapter 3 (commencing with Section
60301) of Division 4 of Title 22 of the California Code of
Regulations.

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begin insert SEC. 3. end insert   

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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.

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SECTION 1.  

Section 21000 of the Public Resources Code is
amended to read:

21000.  

(a) The Legislature finds and declares the following:

(1) The maintenance of a quality environment for the people of
this state now and in the future is a matter of statewide concern.

(2) It is necessary to provide a high-quality environment that at
all times is healthful and pleasing to the senses and intellect of
people.

(3) There is a need to understand the relationship between the
maintenance of high-quality ecological systems and the general
welfare of the people of the state, including their enjoyment of the
natural resources of the state.

(4) Every citizen has a responsibility to contribute to the
preservation and enhancement of the environment.

(5) The interrelationship of policies and practices in the
management of natural resources and waste disposal requires
systematic and concerted efforts by public and private interests to
enhance environmental quality and to control environmental
pollution.

(b) (1) It is the intent of the Legislature that all agencies of the
state government that regulate activities of private individuals,
corporations, and public agencies that are found to affect the quality
of the environment, shall regulate those activities so that major
consideration is given to preventing environmental damage, while
providing a decent home and satisfying living environment for
every Californian.

(2) The capacity of the environment is limited, and it is the
intent of the Legislature that the government of the state take
immediate steps to identify critical thresholds for the health and
safety of the people of the state and take all coordinated actions
necessary to prevent those thresholds from being reached.

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