SB 1415, as introduced, Bates. California Environmental Quality Act: water projects: exemption.
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 exempts certain projects from its requirements.
The California Emergency Services Act authorizes the Governor, during a state of emergency, to issue a proclamation of a state of emergency and to suspend any regulatory statute where the Governor determines and declares that strict compliance with the statute would prevent, hinder, or delay the mitigation of the effects of the emergency.
This bill would exempt from the requirements of CEQA drought-oriented projects, as specified, proposed by one or more public agencies, or a combination of public agencies and private organizations, that have the purpose of mitigating drought conditions for which a state of emergency has been declared by the Governor pursuant to the California Emergency Services Act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21080.06 is added to the Public Resources
2Code, to read:
(a) This division shall not apply to a project that
4meets both of the following:
5(1) The project is proposed by one or more public agencies, or
6a combination of public agencies and private organizations, for
7the purpose of mitigating drought conditions for which a state of
8emergency has been declared by the Governor pursuant to Chapter
97 (commencing with Section 8550) of Division 1 of Title 2 of the
10Government Code.
11(2) The project is a drought-oriented project, primarily intended
12to provide, or preserve and maintain, any of the following:
13(A) The storage capacity of water, to any degree or quality.
14(B) The new, increased, or preserved production of water, to
15any degree or quality.
16(C) The treatment of water, to any degree or quality.
17(b) A project that is exempt under this section, and that has
18commenced, in any form or to any degree, including, but not
19limited to, any planning or engineering before actual construction,
20operation, or implementation, shall remain exempt regardless of
21whether the state of emergency has ended.
22(c) For purposes of this section, the term “drought-oriented
23project” shall be liberally construed, without numerically defined
24thresholds, but with the intent of allowing for the most timely and
25beneficial use of water resources, including the capture and
26management of stormwater and the safe and sanitary reclamation,
27delivery,
and reuse of consumed potable water. The Legislature
28recognizes that different quality of water is appropriate for different
29end uses of the reclaimed water, and finds that it is critical to
30ensure, as immediately as possible, the availability of reclaimed
31water to decrease the demand on potable water.
32(d) The application of this section to a project shall not be
33combined with a non-drought-oriented project in an attempt to
P3 1make the totality of the combined project exempt from this
2division. The separation of elements of a larger project, for
3purposes of timely advancing a project pursuant to this section,
4shall not be deemed to be in violation of the Public Contract Code.
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