BILL NUMBER: AB 1749 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 8, 2016
AMENDED IN SENATE AUGUST 1, 2016
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
Section 21168.11 to 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: 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, until January 1, 2021, would exempt from the act's
requirements a water treatment project determined by the City of
Porterville as the best option based on a certain feasibility study,
as provided.
This bill would require the lead agency, in certifying the
environmental impact report and in granting approvals for a certain
water treatment project determined by the City of Porterville based
on a certain feasibility study, as specified, to comply with
specified procedures, including the concurrent preparation of the
record of proceedings and the certification of the record of
proceedings within 5 days of the filing of a specified notice.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Porterville.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: 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.
SECTION 1. Section 21168.11 is added to the
Public Resources Code , to read:
21168.11. (a) For the purposes of this section, the following
definitions apply:
(1) "Lead agency" means the City of Porterville.
(2) "Water treatment project" or "project" means 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:
(A) The construction of a series of satellite water treatment
facilities in the City of Porterville that are located adjacent to
existing water distribution lines.
(B) The construction of an advanced water recycling treatment
facility in the City of Porterville that is 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.
(C) Upgrades to the City of Porterville's existing wastewater
treatment facility to allow for tertiary treatment of the city's
wastewater.
(b) (1) The draft and final environmental impact report for the
project shall include a notice in not less than 12-point type stating
the following:
THIS EIR IS SUBJECT TO SECTION 21168.11 OF THE PUBLIC RESOURCES
CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED
NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC
COMMENT PERIOD FOR THE DRAFT EIR. THE APPROVAL OF THE PROJECT
DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN
SECTION 21168.11 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION
21168.11 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO
THIS EIR.
(2) The draft environmental impact report and final environmental
impact report shall contain, as an appendix, the full text of this
section.
(3) Within 10 days after the release of the draft environmental
impact report, the lead agency shall conduct an informational
workshop to inform the public of the key analyses and conclusions of
that report.
(4) Within 10 days before the close of the public comment period,
the lead agency shall hold a public hearing to receive testimony on
the draft environmental impact report. A transcript of the hearing
shall be included as an appendix to the final environmental impact
report.
(5) (A) Within five days following the close of the public comment
period, a commenter on the draft environmental impact report may
submit to the lead agency a written request for nonbinding mediation.
The lead agency shall participate in nonbinding mediation with all
commenters who submitted timely comments on the draft environmental
impact report and who requested the mediation. Mediation conducted
pursuant to this paragraph shall end no later than 35 days after the
close of the public comment period.
(B) A request for mediation shall identify all areas of dispute
raised in the comment submitted by the commenter that are to be
mediated.
(C) The lead agency shall select one or more mediators who shall
be retired judges or recognized experts with at least five years
experience in land use and environmental law or science, or
mediation.
(D) A mediation session shall be conducted on each area of dispute
with the parties requesting mediation on that area of dispute.
(E) The lead agency shall adopt, as a condition of approval, any
measures agreed upon by the lead agency and any commenter who
requested mediation. A commenter who agrees to a measure pursuant to
this subparagraph shall not raise the issue addressed by that measure
as a basis for an action or proceeding challenging the lead agency's
decision to certify the environmental impact report or to grant one
or more initial project approvals.
(6) The lead agency need not consider written comments submitted
after the close of the public comment period, unless those comments
address any of the following:
(A) New issues raised in the response to comments by the lead
agency.
(B) New information released by the public agency subsequent to
the release of the draft environmental impact report, such as new
information set forth or embodied in a staff report, proposed permit,
proposed resolution, ordinance, or similar documents.
(C) Changes made to the project after the close of the public
comment period.
(D) Proposed conditions for approval, mitigation measures, or
proposed findings required by Section 21081 or a proposed reporting
and monitoring program required by paragraph (1) of subdivision (a)
of Section 21081.6, where the lead agency releases those documents
subsequent to the release of the draft environmental impact report.
(E) New information that was not reasonably known and could not
have been reasonably known during the public comment period.
(7) The lead agency shall file the notice required by subdivision
(a) of Section 21152 within five days after the last initial project
approval.
(c) (1) The lead agency shall prepare and certify the record of
the proceedings in accordance with this subdivision and in accordance
with Rule 3.1365 of the California Rules of Court.
(2) No later than three business days following the date of the
release of the draft environmental impact report, the lead agency
shall make available to the public in a readily accessible electronic
format the draft environmental impact report and all other documents
submitted to or relied on by the lead agency in the preparation of
the draft environmental impact report. A document prepared by the
lead agency after the date of the release of the draft environmental
impact report that is a part of the record of the proceedings shall
be made available to the public in a readily accessible electronic
format within five business days after the document is prepared or
received by the lead agency.
(3) Notwithstanding paragraph (2), documents submitted to or
relied on by the lead agency that were not prepared specifically for
the project and are copyright protected are not required to be made
readily accessible in an electronic format. For those copyright
protected documents, the lead agency shall make an index of these
documents available in an electronic format no later than the date of
the release of the draft environmental impact report, or within five
business days if the document is received or relied on by the lead
agency after the release of the draft environmental impact report.
The index must specify the libraries or lead agency offices in which
hardcopies of the copyrighted materials are available for public
review.
(4) The lead agency shall encourage written comments on the
project to be submitted in a readily accessible electronic format,
and shall make any such comment available to the public in a readily
accessible electronic format within five days of its receipt.
(5) Within seven business days after the receipt of any comment
that is not in an electronic format, the lead agency shall convert
that comment into a readily accessible electronic format and make it
available to the public in that format.
(6) The lead agency shall indicate in the record of the
proceedings comments received that were not considered by the lead
agency pursuant to paragraph (6) of subdivision (b) and need not
include the content of the comments as a part of the record.
(7) Within five days after the filing of the notice required by
subdivision (a) of Section 21152, the lead agency shall certify the
record of the proceedings for the approval or determination and shall
provide an electronic copy of the record to a party that has
submitted a written request for a copy. The lead agency may charge
and collect a reasonable fee from a party requesting a copy of the
record for the electronic copy, which shall not exceed the reasonable
cost of reproducing that copy.
(8) Within 10 days after being served with a complaint or a
petition for a writ of mandate, the lead agency shall lodge a copy of
the certified record of proceedings with the superior court.
(9) Any dispute over the content of the record of the proceedings
shall be resolved by the superior court. Unless the superior court
directs otherwise, a party disputing the content of the record shall
file a motion to augment the record at the time it files its initial
brief.
(10) The contents of the record of proceedings shall be as set
forth in subdivision (e) of Section 21167.6.
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 that have resulted in
more than 600 homes in the City of Porterville without a functioning
domestic water well.
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.