BILL ANALYSIS Ó
AB 1749
Page 1
ASSEMBLY THIRD READING
AB
1749 (Mathis)
As Amended April 27, 2016
2/3 vote. Urgency
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|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
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| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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
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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
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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
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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