BILL ANALYSIS Ó AB 1749 Page 1 ASSEMBLY THIRD READING AB 1749 (Mathis) As Amended April 27, 2016 2/3 vote. Urgency ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Natural |8-1 |Williams, Jones, |Mark Stone | |Resources | | | | | | | | | | | |Cristina Garcia, | | | | |Gomez, Hadley, | | | | |Harper, McCarty, Wood | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |18-0 |Bigelow, Bloom, |Mark Stone | | | |Bonilla, Calderon, | | | | |Patterson, Daly, | | | | |Eggman, Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | AB 1749 Page 2 | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: 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 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)Remains operative until the current drought state of emergency has expired or until January 1, 2018, whichever occurs first. 3)Is an urgency measure. EXISTING LAW: AB 1749 Page 3 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 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 (Budget and Fiscal Review Committee), 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: According to the Assembly Appropriations Committee, no additional state costs. AB 1749 Page 4 COMMENTS: 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 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. AB 1749 Page 5 This bill would establish a similar, though narrower exemption, with a longer deadline (project approval by July 1, 2017). This bill targets proposed water recycling projects to address the water supply crisis in Porterville in the author's district. Analysis Prepared by: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0003025