BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1589


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          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.









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          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.








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          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:








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               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. 










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               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.










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          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









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          Planning and Conservation League


          Sierra Club California




          Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092