Amended in Assembly April 9, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2353

Introduced by Assembly Member Waldron

February 21, 2014

An act to add Section 21080.31 to the Public Resources Code, relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2353, as amended, Waldron. Environmental quality: begin delete environmental impact reports. end delete begin insert water storage facilities. end insert

The California Environmental Quality Act 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. The act 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. The act requires the lead agency to determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record. The act exempts certain specified projects from its requirements.

This bill would exempt a project to expand the storage capacity of begin delete a end delete begin insert an existing end insert surface water storage facility begin insert , or to replace an existing surface water storage facility, that is owned and operated by a public entity if that public entity adopts, by resolution, findings and declarations end insert that begin insert the project end insert meets specified begin delete requirements. end delete begin insert criteria. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 21080.31 is added to the Public Resources
Code, to read:

21080.31.  

(a) This division does not apply to a project to
expand the storage capacity of begin delete a end delete begin insert an existing end insert surface water storage
begin delete facility end delete begin insert facility, or to replace an existing surface water storage
facility, that is owned and operated by a public entity if that public
entity adopts, by resolution, end insert begin insert at a public meeting end insert begin insert findings and
declarations end insert that begin insert the project end insert meets all of the following
begin delete requirements: end delete begin insert criteria: end insert

begin delete

(1) The facility is owned and operated by a public agency.

end delete begin delete

(2)

end delete

begin insert (1) end insert  The facility supplies water for both agricultural and
nonagricultural begin delete purposes. end delete begin insert purposes, reducing the need for imported
water. end insert

begin delete

(3)

end delete

begin insert (2) end insert  The project begin insert either replaces an existing surface water storage
facility or end insert expands the water storage capacity of the facility by no
more than 25 percent.

begin insert

(3) The project is necessary to preserve the operation of the
facility consistent with the historical purposes and the prior use
of the facility.

end insert

(4) The project complies with all applicable federal and state
safety guidelines.

begin insert

(5) The project is necessary because the facility may fail during
a significant earthquake, causing flood damage.

end insert

(b) This section does not alter, affect, expand, or diminish the
obligation of a public agency to comply with other applicable state
or federal laws and regulations.