BILL NUMBER: AB 1749 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2016
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 add and repeal Section 21080.06 of the Public Resources
Code, relating to environmental quality, and declaring the
urgency thereof, to take effect immediately. quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1749, as amended, Mathis. California Environmental Quality Act:
exemption: recycled water pipeline. City of
Porterville.
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 bill, until January 1, 2021,
would 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. a water
treatment project determined by the City of Porterville as the best
option based on a certain feasibility study, as provided.
Because a lead agency would have the duty to determine the
applicability of this 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.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Porterville.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 is
determined by the City of Porterville as the best option based on a
feasibility study conducted by the city seeking long-term solutions
to the lack of water in East Porterville. The project may be one of
the following:
(1) The construction of a series of satellite water treatment
facilities located adjacent to existing water distribution line.
(2) The construction of an advanced water recycling treatment
facility located either adjacent to the city's existing wastewater
treatment facility or at a preferred location, as determined by the
results of the city's feasibility study.
(3) Upgrades to the city's existing wastewater treatment facility
to allow for tertiary treatment of the city's wastewater.
(b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unprecedented drought
conditions have resulted in more than 600 homes in the City of
Porterville without a functioning domestic water well.
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 expeditious construction of recycled water treatment
facilities and directly related 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.