BILL ANALYSIS Ó
AB 2417
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Date of Hearing: April 28, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2417 (Nazarian) - As Amended: March 28, 2014
SUBJECT : California Environmental Quality Act: exemption:
recycled water pipelines
SUMMARY : Establishes an exemption from the California
Environmental Quality Act (CEQA) for installation of new, and
maintenance of existing, recycled water pipelines less than
eight miles in length.
EXISTING LAW :
1)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 various statutory
exemptions, as well as categorical exemptions in the CEQA
Guidelines).
2)Provides that CEQA does not apply to a pipeline project less
than one mile in length within a public street or highway or
any other public 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. Excludes any surface
facility related to the operation of the underground pipeline.
3)Provides that CEQA does not apply to a pipeline project less
than eight miles in length consisting of inspection,
maintenance, repair, restoration, reconditioning, relocation,
replacement, or removal of an existing intrastate liquid
pipeline subject to the Pipeline Safety Act, subject to
specified conditions, including:
a) Construction and excavation activities are not
undertaken over more than one half mile at a time.
b) The section of pipeline is not less than eight miles
from any section that has received an exemption in the past
12 months.
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c) Project activities are undertaken within an existing
right-of-way and the right-of-way is restored to its
pre-project condition.
d) The diameter of the pipeline is not increased.
4)Defines "recycled water" as water which, as a result of
treatment of waste, is suitable for a direct beneficial use or
a controlled use that would not otherwise occur and is
therefore considered a valuable resource.
THIS BILL :
1)Exempts from review under CEQA 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.
2)Defines "pipeline" to include 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.
3)Requires the lead agency to do all of the following:
a) File a notice of exemption 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.
b) 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.
c) 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.
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4)Requires the project applicant to 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 (i.e., water recycling criteria).
5)Makes findings related to the drought and the benefits of
recycled water.
FISCAL EFFECT : Unknown
COMMENTS :
1)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
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.
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).
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This bill proposes an exemption for pipeline projects
significantly broader than any existing exemption. It would
apply to both existing and new pipelines with none of the
limiting conditions that apply to the existing eight-mile
exemption for maintenance of existing petroleum pipelines.
2)If an exemption is justified by the drought emergency, it
should be limited in time to promote rapid deployment of
recycled water pipes and permit review of its use and effects .
Essentially, this bill proposes the drought as a blanket
"overriding consideration" of any significant effects that may
be caused by recycled water pipeline projects. In response to
the drought emergency, the State Water Resources Control Board
approved $800 million in low-interest loans for recycled water
projects that can be completed by January 2017. If the
committee is convinced that drought relief justifies the
exemption, a short-lived CEQA exemption may provide a
complementary incentive to get the projects done quickly and
give the Legislature a sample to see how it's working. The
author and the committee may wish to consider amending the
bill to sunset its provisions January 1, 2018.
3)Conditions should be imposed to limit potential significant
effects . A water pipeline project could have significant
environmental effects related to construction activity, such
as noise, traffic disruptions, disturbance of contaminated
soils, cultural or historical resources and impacts on
habitat. Depending on its purpose, a water pipeline project
could have growth-inducing impacts or contribute to pollution,
such as a water pipeline to support hydraulic fracturing. Of
course, these impacts are not known prior to a
project-specific analysis, and this bill would prevent that
analysis.
The author and the committee may wish to consider the
following limitations on the application of this exemption:
a) Prohibit segmenting larger projects to qualify for the
exemption or claiming of serial exemption for adjacent
sections of pipeline.
b) Exclude projects in "resource areas" such as parks, open
space, protected habitat areas, and lands subject to
conservation easements.
c) Prohibit construction and excavation activities
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undertaken over more than one half mile at a time.
d) Require a lead agency, prior to determining a project is
exempt, to hold noticed public hearings and include
measures to mitigate potential traffic impacts.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
Browns Valley Irrigation District
California Association of Sanitation Agencies
California Chamber of Commerce
California Council for Environmental and Economic Balance
California Special Districts Association
Calleguas Municipal Water District
City of Corona
City of Healdsburg
City of Pasadena
Civil Justice Association of California
Coachella Valley Water District
Eastern Municipal Water District
El Dorado Irrigation District
Helix Water District
Inland Empire Utilities Agency
Las Virgenes - Triunfo Joint Powers Authority
Monte Vista Water District
Olivenhain Municipal Water District
Otay Water District
Riverside Public Utilities
Rural County Representatives of California
Valley Center Municipal Water District
Vista Irrigation District
Opposition
Azul
California Native Plant Society
Clean Water Action
Natural Resources Defense Council
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Planning and Conservation League
Sierra Club California
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092