BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1749
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|Author: |Mathis |
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|Version: |8/8/2016 |Hearing |8/10/2016 |
| | |Date: | |
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|Urgency: |Yes |Fiscal: |No |
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|Consultant:|Joanne Roy |
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SUBJECT: California Environmental Quality Act: City of
Porterville.
ANALYSIS:
Existing law:
1) Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
negative declaration, mitigated declaration, or environmental
impact report (EIR) for this action, unless the project is
exempt from CEQA (CEQA includes various statutory exemptions,
as well as categorical exemptions in the CEQA guidelines).
(Public Resources Code §21000 et seq.).
2) Defines "recycled water" to mean 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. (Water Code
§13050(n)).
This bill:
1) For purposes of this bill, defines "lead agency" as the City
of Porterville.
2) Defines a "water treatment project" as a project determined
by the City of Porterville as a long-term solution to the
lack of water in East Porterville, and may be one of the
following options:
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a) The construction of a series of satellite water
treatment facilities adjacent to existing water
distribution line.
b) The construction of an advanced water recycling
treatment facility located either adjacent to the city's
existing wastewater treatment facility or at a preferred
location, as determined by the results of the city's
feasibility study.
c) Upgrades to the city's existing wastewater treatment
facility to allow for tertiary treatment of the city's
wastewater.
3) Within 10 days after the release of the draft EIR, requires
the lead agency to conduct an informational workshop.
4) Within 10 days before the close of the public comment period,
requires the lead agency to hold a public hearing to receive
testimony on the draft EIR and requires a transcript of the
hearing to be included in the final EIR.
5) Within five days after the close of the public comment
period, authorizes a commenter on the draft EIR to request
the lead agency for nonbinding mediation. Requires mediation
to end within 35 days after the close of the public comment
period.
6) Requires the lead agency to adopt, as a condition of
approval, any measures agreed upon in mediation and prohibits
a commenter from raising an issue addressed by that measure
in a lawsuit.
7) Permits the lead agency to ignore written comments submitted
after the close of the public comment period, with specified
exceptions.
8) Requires the lead agency to provide all EIR documents and
comments in an electronic format (except for copyright
protected documents).
9) Requires the lead agency to certify the record of proceedings
within five days of filing the notice of approval or
AB 1749 (Mathis) Page 3
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determination and provide an electronic copy to a party that
has requested a copy.
10)Requires the lead agency to lodge a copy of the record of the
proceedings with the superior court within 10 days of the
filing of petition for review or complaint.
Background
City of Porterville water and wastewater. According to the City
of Porterville, the city has jurisdiction over water and
wastewater services within the city limits and within its Urban
Development Boundary (which includes the vast majority of the
East Porterville area), and accordingly, has jurisdiction over
the sources of recycled water and/or the potential service area.
The City's Wastewater Treatment Facility (WWTF) treats sewer
flows from residential, commercial, and industrial users within
the city's boundaries, including East Porterville area by virtue
of an agreement between the City and the Porter Vista Public
Utility District. Collectively, the City's WWTF treats on
average at least 4 million gallons of effluent per day, which
equates to more than 12 acre-feet per day and approximately
5,000 acre-feet per year.
The city has traditionally depended on groundwater from the Tule
Sub-basin of the Tulare Lake Hydrological Region to supply
drinking water, through a network of 35 potable supply wells.
The Tule Sub-basin, along with many other sub-basins in the
surrounding area, has been classified in a critical overdraft
condition, as determined by the State.
Comments
1) Purpose of Bill. According to the author, "After five years
of a devastating drought, the City of Porterville has found a
solution to the problem with their Water Treatment plant. AB
1749 will help provide assistance to the project and help
streamline it. This will provide relief to the citizens who
have done without for so long. With the temperatures rising
down in the valley and drought still lingering, there has to
be some action to take to find a solution and provide relief.
I feel AB 1749 does this."
2) Reconsideration. AB 1749 was heard in this committee on June
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29, 2016 and failed with a vote of 3-3. The bill was
subsequently amended into its current form.
SOURCE: Author
SUPPORT:
None received
OPPOSITION:
None received
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