BILL ANALYSIS Ó
AB 1647
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Date of Hearing: April 4, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1647
(Waldron) - As Introduced January 12, 2016
SUBJECT: Environmental quality: water storage facilities
SUMMARY: Exempts from the California Environmental Quality Act
(CEQA) a project to expand the storage capacity of an existing
publicly owned and operated surface water storage facility by up
to 25%, or to replace an existing publicly owned and operated
surface water storage facility, if the public entity makes
specified findings.
EXISTING LAW: 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.
THIS BILL: Exempts from CEQA a project to expand the storage
capacity of an existing surface water storage facility, or to
replace an existing surface water storage facility, that is
owned and operated by a public entity if that public entity
adopts, by resolution, at a public meeting findings and
declarations that the project meets all of the following
criteria:
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1)The facility supplies water for both agricultural and
nonagricultural purposes, reducing the need for imported
water.
2)The project either replaces an existing surface water storage
facility or expands the water storage capacity of the facility
by no more than 25%.
3)The project is necessary to preserve the operation of the
facility consistent with the historical purposes and the prior
use of the facility.
4)The project complies with all applicable federal and state
safety guidelines.
5)The project is necessary because the facility may fail during
a significant earthquake, causing flood damage.
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
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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.
2)Author's statement:
The (CEQA) approval process is laborious and lengthy, in
effect causing CEQA to act as an instrument with which to
delay or negate projects from being undertaken. This is
utterly detrimental to projects that necessitate the use of
water facilities for pertinent circumstances such as
agriculture or amelioration of existing facilities.
This bill addresses the concern that the obsolete and
outdated water storage facilities in California are both
ineffective and ill-suited to handle activities conducted
by private and public agencies in relation to the usage of
water. It aims either to improve upon the current storage
capacities or to replace antiquated facilities with new
ones.
Under CEQA, determination of these impacts requires the
preparation of an EIR, a lengthy, costly, and
time-consuming process that can take years to complete.
Because of the increased risk of litigation posed by CEQA,
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it is often used as a tool to delay or kill projects by
project opponents.
Currently, California's antiquated water storage facilities
have failed to meet current needs in many communities.
3)The dam replacement project which is the subject of the bill
appears to be proceeding under CEQA. This bill is apparently
intended to expedite construction of the Lake Wohlford Dam
Replacement Project in the City of Escondido. Writing in
support, the City of Escondido states that the bill "would
provide the city the ability to expand the water storage
capacity of Lake Wohlford in a timely manner."
The proposed project consists of the construction of a
replacement dam downstream of the existing dam at Lake
Wohlford. A 2007 seismic analysis of the dam identified a
stability concern for the upper portion of the dam that was
added in 1924. The City then decreased the reservoir's
capacity to approximately 40% of its prior size. The
replacement dam would be constructed so the resultant
reservoir level and water storage capacity are equal to the
elevation and capacity prior to the water level restriction,
at 1,480 feet elevation and 6,500 acre feet, respectively.
The City issued a notice of preparation for an EIR for the
Lake Wohlford project in April 2015. City staff reported that
the draft EIR is nearly complete and a final EIR could be
certified later this year.
4)Prior legislation. This bill is identical to AB 2353
(Waldron), which failed in this Committee on April 28, 2014 by
a vote of 3-4.
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REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Water Agencies
California Chamber of Commerce
Southwest California Legislative Council
Opposition
American Rivers
Butte Environmental Council
California Sportfishing Protection Alliance
California Trout
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Clean Water Action California
Nature Resources Defense Council
Planning and Conservation League
Sierra Club California
The Bay Institute
The Nature Conservancy
Trout Unlimited
Winnemem Wintu Tribe
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092
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