BILL ANALYSIS �
AB 2353
Page 1
Date of Hearing: April 28, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2353 (Waldron) - As Amended: April 9, 2014
SUBJECT : Environmental quality: water storage facilities
SUMMARY : Creates a California Environmental Quality Act (CEQA)
exemption for a project that expands the storage capacity of an
existing publicly owned and operated surface water storage
facility by up to 25 percent, or to replace an existing publicly
owned and operated surface water storage facility, if certain
specified conditions are met.
EXISTING LAW :
1)Requires a lead agency to identify the significant
environmental impacts of "discretionary projects" and to avoid
or mitigate those impacts, if feasible. CEQA does not apply
to projects that are purely "ministerial."
2)Defines a "discretionary project" as a project that requires
the exercise of judgment or deliberation when the lead agency
decides to approve or disapprove a particular activity. A
purely "ministerial project" merely requires the lead agency
to determine whether there has been conformity with applicable
statutes, ordinances, or regulations.
3)Requires a lead agency carrying out or approving a proposed
discretionary project to prepare an initial study and
eventually an environmental impact report (EIR) or negative
declaration, unless, however, a categorical or statutory
exemption applies.
4)Requires the Office of Planning and Research (OPR) to prepare
and develop proposed guidelines for the implementation of CEQA
(i.e., CEQA Guidelines). These guidelines are required to
include a list of CEQA exemptions (i.e., categorical
exemptions), which are classes of projects that have been
determined not to have a significant effect on the
environment. In adopting the guidelines, the Secretary of the
Natural Resources Agency is required to make a finding that
the listed classes of projects do not have a significant
effect on the environment.
AB 2353
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5)Creates a categorical exemption for the replacement or
reconstruction of existing structures and facilities where the
new structure will be located on the same site as the
structure replaced and will have substantially the same
purpose and capacity as the structure replaced, including, but
not limited to, replacement or reconstruction of existing
utility systems and/or facilities involving negligible or no
expansion of capacity.
THIS BILL : Creates a CEQA exemption for a project to expand the
storage capacity of an existing surface water storage 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, at a public meeting findings and
declarations that the project meets all of the following
criteria:
1)The facility supplies water for both agricultural and
nonagricultural purposes, reducing the need for imported
water;
2)The project either replaces an existing surface water storage
facility or expands the water storage capacity of the facility
by no more than 25 percent;
3)The project is necessary to preserve the operation of the
facility consistent with the historical purposes and the prior
use of the facility;
4)The project complies with all applicable federal and state
safety guidelines; and
5)The project is necessary because the facility may fail during
a significant earthquake, causing flood damage.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement . According to the author:
AB 2353 exempts from CEQA projects that increase the
storage capacity of surface water storage facilities
by no more than 25%. This bill will expedite and
AB 2353
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reduce the costs of projects to expand the storage
capacity of existing surface storage facilities. The
expansion of water storage facilities to increase
storage capacity is essential now to reduce the impact
of future droughts like the one California is facing.
2)What is the intent of the bill ? To qualify for the CEQA
exemption created by the bill, a public agency would have to
find that, among other things, "the project is necessary
because the [existing water storage] facility may fail during
a significant earthquake, causing flood damage."
If the main objective of the bill is to assist in the
replacement of water storage facilities that may fail during a
significant earthquake, then the committee and author may wish
to consider CEQA's current categorical exemption for the
replacement or reconstruction of existing structures and
facilities. Under this exemption, a project is exempt from
CEQA if it is for the replacement or reconstruction of
existing structures and facilities where the new structure
will be located on the same site as the structure replaced.
This exemption requires the project to have substantially the
same purpose and capacity as the structure replaced, including
but not limited to, replacement or reconstruction of existing
utility systems and/or facilities involving negligible or no
expansion of capacity. If this is the intent of the author,
then the bill may not be necessary.
However, if this bill is used to expand water storage
facilities throughout the state, there could be serious
consequences. This bill could apply to every publicly owned
reservoir in the state where a public agency wishes to expand
capacity and can make an argument that the facility may fail
during a significant earthquake.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
Opposition
AB 2353
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California Native Plant Society
California State Association of Electrical Workers
Planning and Conservation League
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092