Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2578

Introduced by Assembly Member Bigelow

February 19, 2016

An act to begin delete amend Section 21168.9 of end delete begin insert add Sections 21080.40 and 21080.41 to end insert the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2578, as amended, Bigelow. California Environmental Quality Act: begin delete judicial relief. end delete begin insert exemptions: water service. end insert

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order that includes, among other things, a mandate that the determination, finding, or decision be void by the public agency, in whole or in part. begin insert CEQA exempts various projects from its requirements. end insert

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This bill would make technical, nonsubstantive changes to those provisions.

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This bill would exempt from the requirements of CEQA a project within a public street or highway or other public right-of-way for the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing water distribution pipeline to address water leakage. Because a local agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. The bill would also exempt activities undertaken by a local agency in response to a drought to acquire water supplies, extend service, or provide water for drinking and sanitation to certain individuals and communities.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 21080.40 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 21080.40. end insert   

(a) This division does not apply to a project within
a public street or highway or any other public right-of-way for the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing water
distribution pipeline to address water leakage, including, but not
limited to, leakage identified in a water loss audit prepared
pursuant to Section 10608.34 of the Water Code.

(b) For purposes of this section, “pipeline” means subsurface
pipelines and subsurface or surface accessories or appurtenances
to a pipeline, such as mains, traps, vents, cables, conduits, vaults,
valves, flanges, manholes, and meters.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21080.41 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 21080.41. end insert   

This division does not apply to any activities
undertaken by a local agency in response to a drought that are
necessary to acquire water supplies, extend service, or provide
water for drinking and sanitation to individuals and communities
with groundwater wells that have run dry or where the only
available groundwater exceeds primary or secondary drinking
water standards, as defined in Section 116275 of the Health and
Safety Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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begin delete

SECTION 1.  

Section 21168.9 of the Public Resources Code
is amended to read:

21168.9.  

(a) If a court finds, as a result of a trial, hearing, or
remand from an appellate court, that any determination, finding,
or decision of a public agency has been made without compliance
with this division, the court shall enter an order that includes one
or more of the following:

(1) A mandate that the determination, finding, or decision be
voided by the public agency, in whole or in part.

(2) If the court finds that a specific project activity or activities
will prejudice the consideration or implementation of particular
mitigation measures or alternatives to the project, a mandate that
the public agency and any real parties in interest suspend any or
all specific project activity or activities, pursuant to the
determination, finding, or decision, that could result in an adverse
change or alteration to the physical environment, until the public
agency has taken any actions that may be necessary to bring the
determination, finding, or decision into compliance with this
division.

(3) A mandate that the public agency take specific action as
may be necessary to bring the determination, finding, or decision
into compliance with this division.

(b) An order pursuant to subdivision (a) shall include only those
mandates that are necessary to achieve compliance with this
division and only those specific project activities in noncompliance
with this division. The order shall be made by the issuance of a
peremptory writ of mandate specifying what action by the public
agency is necessary to comply with this division. However, the
order shall be limited to that portion of a determination, finding,
or decision or the specific project activity or activities found to be
in noncompliance only if a court finds that (1) the portion or
specific project activity or activities are severable, (2) severance
will not prejudice complete and full compliance with this division,
and (3) the court has not found the remainder of the project to be
in noncompliance with this division. The trial court shall retain
jurisdiction over the public agency’s proceedings by way of a
return to the peremptory writ until the court has determined that
the public agency has complied with this division.

(c) This section does not authorize a court to direct any public
agency to exercise its discretion in any particular way. Except as
expressly provided in this section, nothing in this section is
intended to limit the equitable powers of the court.

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