Bill Text: CA AB2417 | 2013-2014 | Regular Session | Amended

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

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Bill Title: California Environmental Quality Act: exemption: recycled water pipelines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-18 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2417 Detail]

Download: California-2013-AB2417-Amended.html

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BILL NUMBER: AB 2417	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 21, 2014

   An act to  amend Section 21000 of   add
Section 21080.21.5 to  the Public Resources Code, relating to
environmental quality.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2417, as amended, Nazarian.  Environmental quality.
  California Environmental Quality Act: exemption:
recycled water pipelines. 
   The California Environmental Quality Act (CEQA) 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. CEQA 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. CEQA  makes
various legislative findings regarding environmental quality.
  exempts specified pipeline projects from the above
requirements.  
   This bill would make technical, nonsubstantive changes to those
legislative findings.  
   This bill would additionally exempt from CEQA a project for the
construction and installation of a new pipeline or the maintenance,
repair, restoration, reconditioning, relocation, replacement,
removal, or demolition of an existing pipeline, not exceeding 8 miles
in length, for the distribution of recycled water within a public
street, highway, or right-of-way and would require the lead agency to
undertake specified activities, including the filing of a notice of
exemption for the project with the Office of Planning and Research
and the office of the county clerk of each county in which the
project is located. Because the lead agency is required to determine
whether a project qualifies for that exemption, and undertake
specified activities, this bill would impose a state-mandated local
program. The bill would require the county clerk to post the notice
of exemption within 24 hours of receipt, thereby imposing a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) California is experiencing its worst water shortage crisis in
modern history and increasing the use of recycled water, a supply
that is not dependent on precipitation, is critical to increasing the
flexibility of, and expanding, the state's available water supply.
 
   (b) The pressures on the Bay-Delta ecosystem, climate change, and
continuing population growth have increased the challenges to the
state in providing clean water needed for a healthy population and
economy.  
   (c) Recycled water has been beneficially used in California for
the past century for a variety of purposes, including agriculture,
landscape irrigation, seawater barrier, industrial purposes, and
groundwater recharge.  
   (d) Recycled water can significantly stretch California's potable
water supplies and help increase local water supply reliability.
Currently, more than 3.5 million acre-feet of recyclable water is
discharged annually to the ocean.  
   (e) The Assembly Committee on Water, Parks, and Wildlife, in March
2012, reported that the level of water supplies that could
potentially be derived from recycled water is substantial.  

   (f) The National Academy of Sciences, in Water Reuse: Potential
for Expanding the Nation's Water Supply Through Reuse of Municipal
Wastewater, states that "in the U.S. approximately 12 billion gallons
of municipal wastewater effluent is discharged each day to an ocean
or estuary and that reusing these coastal discharges could directly
augment public supplies by 27 percent."  
   (g) The National Academy of Sciences further found that, unlike
water that is discharged into a stream and potentially used by
another downstream party, water discharged to the ocean is considered
"'irrecoverable' and thus constitutes 'new supply.'"  
   (h) In 2010, the State Water Resources Control Board adopted a
recycled water policy for California with a goal of creating an
additional 2.5 million acre-feet of recycled water by 2030. 

   (i) The delivery of shovel-ready recycled water projects can
provide immediate drought relief to California's struggling
communities.  
   (j) Recycled water projects could and should be expedited by
providing relief from the time consuming provisions of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), while still complying with all
state and local laws and providing notification to the public and
appropriate local and state agencies. 
   SEC. 2.    Section 21080.21.5 is added to the 
 Public Resources Code   , to read:  
   21080.21.5.  (a) This division does not apply to a project of less
than eight miles in length within a public street, highway, or
right-of-way for the construction and installation of a new recycled
water pipeline, or the maintenance, repair, restoration,
reconditioning, relocation, replacement, removal, or demolition of an
existing recycled water pipeline.
   (b) For the purposes of this section, "pipeline" means subsurface
pipelines and subsurface or surface accessories or appurtenances to a
pipeline, such as mains, traps, vents, cables, conduits, vaults,
valves, flanges, manholes, and meters.
   (c) For the purposes of construction and installation of a new
recycled water pipeline, or the maintenance, repair, restoration,
reconditioning, relocation, replacement, removal, or demolition of an
existing recycled water pipeline, the lead agency shall do all of
the following:
   (1) File a notice of exemption of the project from this division
with the Office of Planning and Research and in the office of the
county clerk of each county in which the project is located within 20
days of the approval of the project. The county clerk shall post the
notice within 24 hours of receipt.
   (2) Ensure that the underlying property owner has given permission
to access the property, in the case of a right-of-way over private
property, if access is not granted in the express terms of the
right-of-way.
   (3) Ensure the restoration of the public street, highway, or
right-of-way to a condition consistent with all applicable local laws
or regulations, or a negotiated agreement.
   (d) The project applicant shall comply with all applicable laws
and regulations, including Chapter 3 (commencing with Section 60301)
of Division 4 of Title 22 of the California Code of Regulations.

   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 21000 of the Public
Resources Code is amended to read:
   21000.  (a) The Legislature finds and declares the following:
   (1) The maintenance of a quality environment for the people of
this state now and in the future is a matter of statewide concern.
   (2) It is necessary to provide a high-quality environment that at
all times is healthful and pleasing to the senses and intellect of
people.
   (3) There is a need to understand the relationship between the
maintenance of high-quality ecological systems and the general
welfare of the people of the state, including their enjoyment of the
natural resources of the state.
   (4) Every citizen has a responsibility to contribute to the
preservation and enhancement of the environment.
   (5) The interrelationship of policies and practices in the
management of natural resources and waste disposal requires
systematic and concerted efforts by public and private interests to
enhance environmental quality and to control environmental pollution.

   (b) (1) It is the intent of the Legislature that all agencies of
the state government that regulate activities of private individuals,
corporations, and public agencies that are found to affect the
quality of the environment, shall regulate those activities so that
major consideration is given to preventing environmental damage,
while providing a decent home and satisfying living environment for
every Californian.
   (2) The capacity of the environment is limited, and it is the
intent of the Legislature that the government of the state take
immediate steps to identify critical thresholds for the health and
safety of the people of the state and take all coordinated actions
necessary to prevent those thresholds from being reached.