BILL NUMBER: AB 1749	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Mathis
   (Coauthors: Assembly Members Harper and Olsen)
   (Coauthor: Senator Cannella)

                        FEBRUARY 2, 2016

   An act to amend Section 21080.08 of the Public Resources Code,
relating to environmental  quality.   quality,
and declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1749, as amended, Mathis. California Environmental Quality Act:
exemption: recycled water pipeline.
   Existing law, the California Environmental Quality  Act
(CEQA),   Act,  requires a lead agency, as defined,
to prepare, or cause to be prepared, and certify the completion
 of,   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   The act  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 
The act  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   The act
 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, 2019.
   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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . 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, 2019, whichever occurs first, and as of January 1, 2019, 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.
   SEC.   3.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:  
   To ensure the continued expeditious construction or expansion of
recycled water pipeline and directly related infrastructure to
mitigate drought conditions for which the Governor has declared a
state of emergency, it is necessary for this measure to take effect
immediately.