BILL ANALYSIS Ó
AB 1589
Page 1
Date of Hearing: April 4, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1589
(Mathis) - As Amended March 14, 2016
SUBJECT: California Environmental Quality Act: exemption
SUMMARY: Exempts from the California Environmental Quality Act
(CEQA) specified projects to mitigate drought conditions for
which a state of emergency has been proclaimed by the Governor,
while the state of emergency is in effect.
EXISTING LAW:
1)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.
2)Exempts a wide range of emergency projects, including specific
actions necessary to prevent or mitigate an emergency;
emergency repairs to public service facilities necessary to
maintain service; and projects to maintain, repair, restore,
demolish, or replace property or facilities damaged or
destroyed as a result of a disaster in a disaster-stricken
area in which a state of emergency has been proclaimed by the
Governor.
AB 1589
Page 2
3)The California Emergency Services Act authorizes the Governor,
during a state of emergency, to issue a proclamation of a
state of emergency and to suspend any regulatory statute where
the Governor determines and declares that strict compliance
with the statute would prevent, hinder, or delay the
mitigation of the effects of the emergency.
THIS BILL:
1)Exempts from CEQA the following projects to mitigate drought
conditions for which a state of emergency has been proclaimed
by the Governor:
a) Connect existing residential users facing critical
water shortages to community water systems.
b) Provide interconnections between existing community
water systems to improve drought resilience for existing
residential users.
c) Involve the construction or expansion of stormwater
infiltration or recycled water treatment facilities.
d) Involve the construction or expansion of recycled
water distribution infrastructure within existing rights
of way.
e) Implement specific directives for which the
Governor, in the proclamation of a state of emergency,
has suspended compliance with CEQA under the California
Emergency Services Act.
AB 1589
Page 3
2)Is operative only while a state of emergency due to drought
conditions is in effect.
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 the project would not have 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, 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 various statutory exemptions, as well as
categorical exemptions in the CEQA Guidelines. The following
emergency projects are exempt from the requirements of CEQA:
AB 1589
Page 4
a) Projects to maintain, repair, restore, demolish, or
replace property or facilities damaged or destroyed as a
result of a disaster in a disaster stricken area in which
a state of emergency has been proclaimed by the Governor.
b) Emergency repairs to publicly or privately owned
service facilities necessary to maintain service
essential to the public health, safety, or welfare.
c) Specific actions necessary to prevent or mitigate an
emergency. This does not include long-term projects
undertaken for the purpose of preventing or mitigating a
situation that has a low probability of occurrence in the
short-term.
2)Author's statement:
Our state is currently afflicted by several natural
disasters, and more are sure to follow. In 2014, Governor
Brown declared a state of emergency for the present drought
afflicting the state. In addition, the state experienced
6,337 fires in 2015 alone, burning over 300,000 acres.
Many of the effects of these disasters could have been
mitigated through the timely implementation of CEQA-exempt
projects. It is imperative that projects designed to
repair the effects of droughts, floods, and fires are not
held up with time-consuming CEQA processes during times of
declared emergencies. Instead, the state should encourage
steps towards combating natural disasters, and resolving
their effects.
AB 1589
Page 5
AB 1589 will grant state agencies, during times of declared
emergencies, the ability to more readily mitigate the
effects of existing emergencies, while also better
preparing for future ones. The effects of numerous
disasters could be alleviated, and casualties could be
adverted, if CEQA was not a hindrance to vital mitigation
projects. This bill will grant Californians the peace of
mind that CEQA regulations have not: the right to recovery
from the disasters that befall our state.
3)Is there a problem? As noted above, a wide range of emergency
projects are specifically exempted from CEQA by the statute.
Categorical exemptions are available for maintenance,
replacement and reconstruction of existing public utility
facilities, involving negligible or no expansion of capacity.
In addition, the California Emergency Services Act authorizes
the Governor, during a state of emergency, to issue a
proclamation of a state of emergency and to suspend any
regulatory statute where the Governor determines and declares
that strict compliance with the statute would prevent, hinder,
or delay the mitigation of the effects of the emergency.
This bill establishes a new exemption for specified projects
to mitigate drought emergencies. The exemption is only
operative while the state of emergency is in effect. It is
not clear what circumstance the bill is intended to address
that isn't addressed currently under CEQA and the Emergency
Services Act.
AB 1589
Page 6
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Water Agencies
California Association of Realtors
California Chamber of Commerce
Civil Justice Association of California
Opposition
California League of Conservation Voters
California Professional Firefighters
Clean Water Action California
Natural Resources Defense Council
AB 1589
Page 7
Planning and Conservation League
Sierra Club California
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092