BILL ANALYSIS Ó
AB 1749
Page 1
Date of Hearing: May 3, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1749
(Mathis) - As Amended April 27, 2016
SUBJECT: California Environmental Quality Act: exemption:
recycled water pipeline (Urgency)
SUMMARY: Establishes a temporary 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
construction impacts are fully mitigated consistent with
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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.
THIS BILL:
1)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:
a) Is approved or carried out by a public agency prior
to July 1, 2017;
b) Consists of construction of a recycled water
treatment facility located on city-owned property and
directly related pipelines that are less than one mile in
length and located within existing developed
rights-of-way; and
c) Does not affect wetlands or sensitive habitat, and
where the construction impacts are fully mitigated
consistent with applicable law.
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2)Remains operative until the current drought state of emergency
has expired or until January 1, 2018, whichever occurs first.
3)Is an urgency measure.
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
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 an exemption
for recycled water projects. At the time, the project cited
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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.
This bill would establish a similar, though narrower
exemption, with a longer deadline (project approval by July 1,
2017). The bill targets proposed water recycling projects to
address the water supply crisis in Porterville in the author's
district.
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
recycled water projects have been routinely approved via
exemption or negative declaration. 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
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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.
4)Related legislation. AB 2438 (Waldron) establishes a CEQA
exemption for installation of new, and maintenance of
existing, recycled water pipelines less than eight miles in
length. AB 2438 passed this Committee on April 11, 2016, by a
vote of 8-1 and is pending on the Assembly Floor.
REGISTERED SUPPORT / OPPOSITION:
Support (prior version)
Associated Builders and Contractors of California
California Chamber of Commerce
City of Santa Monica
Metropolitan Water District of Southern California
Southwest California Legislative Council
Opposition (prior version)
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California League of Conservation Voters
Clean Water Action California
Natural Resources Defense Council
Planning and Conservation League
Sierra Club California
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092