BILL ANALYSIS Ó
AB 2417
Page 1
ASSEMBLY THIRD READING
AB 2417 (Nazarian)
As Amended May 7, 2014
Majority vote
NATURAL RESOURCES 7-1 APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Dahle, Bigelow, |Ayes:|Gatto, Bigelow, |
| |Garcia, Muratsuchi, | |Bocanegra, Bradford, Ian |
| |Patterson, | |Calderon, Campos, |
| |Williams | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Stone | | |
| | | | |
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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. Specifically, 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) Hold a noticed public hearing to consider and adopt
mitigation measures for potential traffic impacts of the
project.
b) File a notice of exemption with the Office of Planning
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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.
c) Ensure that the overlaying 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.
d) 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.
4)Requires the project applicant to comply with all applicable
laws and regulations, including California Code of Regulations
Chapter 3 (commencing with Section 60301) of Division 4 of
Title 22 (i.e., water recycling criteria).
5)Provides that the exemption does not apply to any of the
following:
a) A project that is a part of a recycled water pipeline
project greater than eight miles.
b) A project that is adjacent to another project for which
a claim of exemption has been made.
c) A project that is located in a resource area, such as a
park, open space, protected habitat areas, or lands subject
to a conservation easement.
d) A project for which an excavation activity that is more
than one-half mile in length at any one time will be
undertaken.
6)Sunsets January 1, 2018.
7)Makes findings related to the drought and the benefits of
recycled water.
EXISTING LAW :
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
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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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no additional state costs.
COMMENTS : CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
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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).
This bill proposes an exemption for pipeline projects
significantly broader than any existing exemption. It would
apply to both existing and new pipelines.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0003504