BILL ANALYSIS Ó
AB 1749
Page 1
Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1749 (Mathis) - As Amended April 27, 2016
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Urgency: Yes State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill establishes a temporary California Environmental
Quality Act (CEQA) exemption for specified recycled water
projects approved during the current drought state of emergency.
Specifically, 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
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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.
2)Sunsets when the current drought state of emergency has
expired or on January 1, 2018, whichever occurs first.
FISCAL EFFECT:
No additional state costs.
COMMENTS:
1)Rationale. In 2015, SB 88 provided a CEQA exemption for
recycled water projects to help mitigate drought conditions
for which a state of emergency was proclaimed by the Governor
on January 17, 2014.
The SB 88 exemption applies: 1) 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; and 2) if the
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project does not affect wetlands or sensitive habitat, and
where the 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.
According to the author, although SB 88 provided much needed
assistance in the way of establishing projects designed to
mitigate the effects of the current and future droughts, the
established exemption date is not conducive to accomplishing
the projects needed if the drought emergency continues.
This bill establishes a similar, though narrower exemption,
with a longer deadline intended to apply to proposed recycling
water projects in the city of Porterville.
2)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 there would not be 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 on the
environment, the lead agency must prepare an environmental
impact report (EIR).
There is currently a CEQA exemption for relatively small-scale
pipeline maintenance and installation projects less than one
mile in length. A more specific exemption is available for
projects up to eight miles in length involving maintenance and
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replacement, but not expansion, of pipelines, such as
petroleum pipelines regulated under the Pipeline Safety Act.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081