BILL NUMBER: AB 1749	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mathis

                        FEBRUARY 2, 2016

   An act to amend Section 21080.08 of the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1749, as introduced, Mathis. California Environmental Quality
Act: exemption: recycled water pipelines.
   Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on a project that it proposes to carry out or approve that may
have a significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment. CEQA
exempts from its requirements projects consisting of the construction
or expansion of recycled water pipeline and directly related
infrastructure within existing rights of way, and directly related
groundwater replenishment, if the project does not affect wetlands or
sensitive habitat, and where the construction impacts are fully
mitigated, and undertaken for the purpose of mitigating drought
conditions for which a state of emergency was proclaimed by the
Governor on a certain date. CEQA provides that this exemption remains
operative until the state of emergency has expired or until January
1, 2017, whichever occurs first.
   This bill would extend that date to January 1, 2022.
   Because a lead agency's duty to determine the applicability of
this exemption would potentially be extended, this bill would impose
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.08 of the Public Resources Code is
amended to read:
   21080.08.  (a) This division does not apply to a project that
satisfies both of the following:
   (1) The project is approved or carried out by a public agency for
the purpose of mitigating drought conditions for which a state of
emergency was proclaimed by the Governor on January 17, 2014,
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of
Title 2 of the Government Code.
   (2) The project consists of construction or expansion of recycled
water pipeline and directly related infrastructure within existing
rights of way, and directly related groundwater replenishment, if the
project does not affect wetlands or sensitive habitat, and where the
construction impacts are fully mitigated consistent with applicable
law.
   (b) This section shall remain operative until the state of
emergency due to drought conditions declared by the Governor in the
proclamation issued on January 17, 2014, has expired or until January
1,  2017,   2022,  whichever occurs first,
and as of January 1,  2017,   2022,  is
repealed unless a subsequent statute amends or repeals that date.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.