BILL NUMBER: AB 1749 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2016
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 add and
repeal Section 21080.06 of the Public Resources Code, relating
to environmental 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, 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. 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. 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. 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.
exempt from the act's requirements projects for the
construction of recycled water treatment facilities and directly
related pipelines approved or carried out by a public agency prior to
July 1, 2017, for the purpose of mitigating drought conditions that
meet certain requirements. The bill would provide that
this exemption remains operative until the state of emergency is
terminated or until January 1, 2018, whichever occurs first.
Because a lead agency's agency would have
the duty to determine the applicability of this
exemption would potentially be extended, exemption,
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: 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.
SECTION 1. Section 21080.06 is added to the
Public Resources Code , to read:
21080.06. (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
prior to July 1, 2017, 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 of a recycled water
treatment facility located on city-owned property and directly
related pipelines that are less than a mile in length and located
within existing developed rights-of-way, 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, is terminated or until
January 1, 2018, whichever occurs first, and, as of January 1, 2108,
is repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2018, deletes or extends the dates on which
it becomes inoperative and is repealed.
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 treatment facilities and
directly related infrastructure pipelines
to mitigate drought conditions for which the Governor has
declared a state of emergency, it is necessary for this measure to
take effect immediately.