Bill Text: CA AB1647 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 1647 (Prior Session Legislation)

Introduced

Bill Title: Environmental quality: water storage facilities.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1647 Detail]

Download: California-2015-AB1647-Introduced.html

BILL NUMBER: AB 1647	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Waldron

                        JANUARY 12, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1647, as introduced, Waldron. Environmental quality: water
storage facilities.
   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
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,
findings and declarations that the project meets specified criteria.

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