Bill Text: CA SB605 | 2009-2010 | 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: biogas pipelines:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 599, Statutes of 2009. [SB605 Detail]

Download: California-2009-SB605-Amended.html

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BILL NUMBER: SB 605	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2009

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to  amend Section 21080.21   add and
repeal Section 21080.23.5  of the Public Resources Code,
relating to the environment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 605, as amended, Ashburn. California Environmental Quality Act:
biogas pipelines: exemption.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.  CEQA also generally 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 provides some exemptions
from its requirements for specified projects, including for a project
 of less than one mile in length within a public street or
highway or another public right-of-way for the installation of a new
pipeline or the maintenance, repair, restoration, reconditioning,
relocation, replacement, removal, or demolition of an existing
pipeline. CEQA also exempts from its requirements a project 
that consists of the inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of an existing
pipeline, as defined, if specified conditions are met  ,
including that the project is less than 8 miles in length  .

   This bill would  exempt from CEQA a project of less than 8
miles in length within a public street or highway or another public
right-of-way for the installation of a new pipeline, or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline, that is
used to transport biogas   provide that until January 1,
2013, for purposes of that exemption, "pipeline" also means a
pipeline located in Fresno, Kern, Kings, or Tulare County, that is
used to transport biogas, as the bill would define that term, and
that meets the existing requirements for the exemption and all local,
state, and federal laws  . Because a lead agency would be
required to determine the applicability of the exemption, the bill
would impose a state-mandated local program.
   (2) 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: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 21080.21 of the Public
Resources Code is amended to read:
   21080.21.  (a) This division does not apply to a project of less
than one mile in length within a public street or highway or another
public right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline. For
purposes of this subdivision, "pipeline" includes subsurface
facilities but does not include a surface facility related to the
operation of the underground facility.
   (b) This division does not apply to a project of less than eight
miles in length within a public street or highway or another public
right-of-way for the installation of a new pipeline, or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline, that is
used to transport biogas. 
   SECTION 1.    Section 21080.23.5 is added to the
  Public Resources Code   , to read:  
   21080.23.5.  (a) For purposes of Section 21080.23, "pipeline" also
means a pipeline located in Fresno, Kern, Kings, or Tulare County,
that is used to transport biogas, and meeting the requirements of
Section 21080.23 and all local, state, and federal laws.
   (b) For purposes of this section, "biogas" means natural gas that
meets the requirements of Section 2292.5 of Title 13 of the
California Code of Regulations and is derived from anaerobic
digestion of dairy animal waste.
   (c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 2.   The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
concerning dealing with biogas in Fresno, Kern, Kings, and Tulare
Counties. 
   SEC. 2.   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.