BILL ANALYSIS Ó
AB 1749
Page 1
Date of Hearing: March 14, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1749
(Mathis) - As Introduced February 2, 2016
SUBJECT: California Environmental Quality Act: exemption:
recycled water pipelines
SUMMARY: Extends the sunset, from 2017 to 2022, of a California
Environmental Quality Act (CEQA) exemption for specified
recycled water projects approved during the current drought
state of emergency.
EXISTING LAW:
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or
environmental impact report (EIR) for this action, unless the
project is exempt from CEQA.
2)Exempts recycled water projects to mitigate drought conditions
for which a state of emergency was proclaimed by the Governor
on January 17, 2014, if 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
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construction impacts are fully mitigated consistent with
applicable law. This exemption remains operative until the
current drought state of emergency has expired or until
January 1, 2017, whichever occurs first (SB 88, Chapter 27,
Statutes of 2015).
3)Exempts a pipeline project less than one mile in length within
a public street or highway or any other public right-of-way
for the installation of a new pipeline or the maintenance,
repair, restoration, reconditioning, relocation, replacement,
removal, or demolition of an existing pipeline. Excludes any
surface facility related to the operation of the underground
pipeline.
4)Defines "recycled water" as water which, as a result of
treatment of waste, is suitable for a direct beneficial use or
a controlled use that would not otherwise occur and is
therefore considered a valuable resource.
FISCAL EFFECT: Unknown
COMMENTS:
1)Background. CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that the project would not have a
significant effect on the environment, the lead agency must
prepare a negative declaration. If the initial study shows
that the project may have a significant effect, the lead
agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant environmental
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impact expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to
the proposed project. Prior to approving any project that has
received environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or
monitoring program to ensure compliance with those measures.
CEQA includes various statutory exemptions, as well as
categorical exemptions in the CEQA Guidelines. In June 2015,
SB 88, a drought relief budget trailer bill, added the
exemption amended by this bill. At the time, the project
cited as the reason for the exemption was a large water
recycling project proposed by the Santa Clara Valley Water
District consisting of multiple pipelines, groundwater
recharge ponds, injection wells, and related facilities.
According to the water district, the exemption has not been
used and the entire proposed project may not be eligible for
the exemption.
2)Author's statement:
SB 88 provided much needed assistance in the way of
establishing projects designed to mitigate the effects of the
current and future droughts. However, the established
exemption date is not conducive to accomplishing the necessary
projects needed for a continuation of the drought emergency.
If the current sunset date arrives without change, then future
drought mitigation projects will not come to fruition due to
complex CEQA regulation.
3)No evidence that CEQA is an unreasonable impediment to
recycled water projects. A review of CEQA notices submitted
to the Office of Planning and Research (OPR) shows that
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recycled water projects have been routinely approved via
exemption or negative declaration. This bill exempts pipeline
projects within existing rights of way. All such projects are
exempt under current law if they are under one mile. In
addition, categorical exemptions are available for
maintenance, replacement and reconstruction of existing public
utility facilities, involving negligible or no expansion of
capacity. This bill is operative only during the current
drought state of emergency, but projects necessary to prevent
or mitigate an emergency can be exempted via CEQA, as well as
via the Governor's broad authority under the Emergency
Services Act.
There's no record that the SB 88 exemption has been used to
date and no evidence of its necessity or effect on any
particular project. Given the lack of a record, and the fact
that the original sunset was only 18 months, a 5-year
extension seems excessive. If the committee feels an
extension is warranted, it may wish to consider a shorter
extension, as well as the addition of conditions consistent
with other exemptions approved by the committee, such as
prohibiting impacts on protected species or cultural
resources, requiring the lead agency to hold a public hearing
and adopt mitigation measures for potential construction
impacts, and requiring the notice of exemption to be filed
with OPR.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chamber of Commerce
AB 1749
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Opposition
Clean Water Action California
Natural Resources Defense Council
Sierra Club California
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092