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AB-83 Environment: CEQA exemption: recycled water pipeline.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 83


Introduced  by  Assembly Member Jeffries

January 05, 2011


An act to amend Section 21080.21 of the Public Resources Code, relating to the environment.


LEGISLATIVE COUNSEL'S DIGEST


AB 83, as introduced, Jeffries. Environment: CEQA exemption: recycled water pipeline.
(1) 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 (EIR) 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 exempts specified pipeline projects from the above requirements.
This bill would additionally exempt a project for the installation of a new pipeline, not exceeding a specified length, for the distribution of recycled water within an improved public street, highway, or right-of-way. Because a lead agency, which may include a local agency, is required to determine whether a project qualifies for those exemptions, this 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   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 any project of less than one mile in length within a public street or highway or any other public, highway, or 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 section, “pipeline” includes subsurface facilities but does not include any 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 for the installation of a new pipeline for the distribution of recycled water, as defined in Section 13050 of the Water Code, within a paved public street, highway, or right-of-way.
(c) For the purposes of this section, “pipeline” includes subsurface facilities but does not include any surface facility related to the operation of an underground facility.
(d) This section does not limit an obligation to conduct a study for a pipeline project, including a traffic study, required pursuant to other law.

SEC. 2.

 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.