BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2438


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          Date of Hearing:  April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2438 (Waldron) - As Introduced February 19, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill exempts, until January 1, 2020, the installation and  
          maintenance of existing recycled water pipelines less than eight  
          miles in length from the California Environmental Quality Act  
          (CEQA) but requires a lead agency to file a Notice of Exemption  
          (NOE) with the Office of Planning and Research.  This bill  
          prohibits specified projects from qualifying for the exemption.









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          Before determining if a project is eligible for exemption, this  
          bill requires a lead agency to hold a noticed public hearing to  
          consider and adopt mitigation measures for potential traffic  
          impacts.  


          FISCAL EFFECT:


          No additional state costs.


          COMMENTS:


          1)Purpose.  According to the author, in most cases the recycled  
            water pipelines are going in the ground next to existing water  
            pipelines, which are found on streets and roadways in public  
            right-of-ways.  However, the CEQA process requires a project  
            to comply with numerous potential impacts creating extensive  
            time delays and costs.   
             
            This bill provides a short-term, narrow CEQA exemption to help  
            expedite projects.  
             
          2)Background.  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 there would not be 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 on the  
            environment, the lead agency must prepare an environmental  








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            impact report (EIR).











            There is currently a CEQA exemption for relatively small-scale  
            pipeline maintenance and installation projects less than one  
            mile in length.  A more specific exemption is available for  
            projects up to eight miles in length involving maintenance and  
            replacement, but not expansion, of pipelines, such as  
            petroleum pipelines regulated under the Pipeline Safety Act.  


          3)Prior legislation.  This bill is identical to AB 2417  
            (Nazarian) of 2014 which was held in the Senate Environmental  
            Quality Committee.


            


            Analysis Prepared by:    Jennifer Galehouse / APPR. / (916)  
          319-2081

















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