BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 1749 ----------------------------------------------------------------- |Author: |Mathis | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |8/8/2016 |Hearing |8/10/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |Yes |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Joanne Roy | | | | ----------------------------------------------------------------- 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: AB 1749 (Mathis) Page 2 of ? 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 of ? 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 AB 1749 (Mathis) Page 4 of ? 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 -- END -