BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1749|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1749
Author: Mathis (R), et al.
Amended: 8/8/16 in Senate
Vote: 27 - Urgency
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 3-3, 6/29/16 (FAIL)
AYES: Gaines, Bates, Hill
NOES: Wieckowski, Leno, Pavley
NO VOTE RECORDED: Jackson
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 8/10/16
AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley
NO VOTE RECORDED: Jackson
ASSEMBLY FLOOR: 69-1, 5/27/16 - See last page for vote
SUBJECT: California Environmental Quality Act: City of
Porterville
SOURCE: Author
DIGEST: This bill establishes special administrative and
judicial review procedures under the California Environmental
Quality Act (CEQA) for the City of Porterville's project related
to water treatment facilities and recycled water.
ANALYSIS:
Existing law:
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
AB 1749
Page 2
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) Defines, for purposes of this bill, "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:
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) Requires, within 10 days after the release of the draft EIR,
the lead agency to conduct an informational workshop.
4) Requires, within 10 days before the close of the public
comment period, the lead agency to hold a public hearing to
receive testimony on the draft EIR and requires a transcript
AB 1749
Page 3
of the hearing to be included in the final EIR.
5) Authorizes, within five days after the close of the public
comment period, 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
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
AB 1749
Page 4
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."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/11/16)
City of Farmersville
City of Porterville
City of Santa Monica
United Way of Tulare County
OPPOSITION: (Verified8/11/16)
AB 1749
Page 5
California League of Conservation Voters
Sierra Club California
ASSEMBLY FLOOR: 69-1, 5/27/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman,
Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo
Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Mullin, Nazarian, Obernolte, Olsen, Patterson,
Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Thurmond, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NOES: Mark Stone
NO VOTE RECORDED: Bonta, Brough, Brown, Chiu, Dodd, Grove,
Hadley, Melendez, O'Donnell, Ting
Prepared by:Joanne Roy / E.Q. / (916) 651-4108
8/12/16 13:22:06
**** END ****