Bill Text: CA AB2353 | 2013-2014 | Regular Session | Amended

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Bill Title: Environmental quality: water storage facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-29 - From committee without further action pursuant to Joint Rule 62(a). [AB2353 Detail]

Download: California-2013-AB2353-Amended.html

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BILL NUMBER: AB 2353	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

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: 
environmental impact reports.   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
 a   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  requirements.
  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  a   an existing 
surface water storage  facility   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  requirements:   criteria: 

   (1) The facility is owned and operated by a public agency.
 
   (2) 
    (1)  The facility supplies water for both agricultural
and nonagricultural  purposes.   purposes,
reducing the need for imported water.  
   (3) 
    (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.