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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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  MARCH 20, 2014

INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 21, 2014

   An act to  amend Section 21082.2 of   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.
   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 make technical, nonsubstantive changes to that
provision.  
   This bill would exempt a project to expand the storage capacity of
a surface water storage facility that meets specified requirements.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  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 surface water storage facility that meets
all of the following requirements:
   (1) The facility is owned and operated by a public agency.
   (2) The facility supplies water for both agricultural and
nonagricultural purposes.
   (3) The project expands the water storage capacity of the facility
by no more than 25 percent.
   (4) The project complies with all applicable federal and state
safety guidelines.
   (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.  
  SECTION 1.    Section 21082.2 of the Public
Resources Code is amended to read:
   21082.2.  (a) The lead agency shall determine whether a project
may have a significant effect on the environment based on substantial
evidence in light of the whole record.
   (b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
   (c) Argument, speculation, unsubstantiated opinion or narrative,
evidence that is clearly inaccurate or erroneous, or evidence of
social or economic impacts that do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
   (d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
   (e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.