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AB-231 California Environmental Quality Act: exemption: recycled water.(2019-2020)

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Date Published: 01/17/2019 09:00 PM
AB231:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 231


Introduced by Assembly Member Mathis

January 17, 2019


An act to add Sections 21080.44 and 21080.45 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 231, as introduced, Mathis. California Environmental Quality Act: exemption: recycled water.
Existing law, 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 exempts certain projects from its requirements.
This bill would exempt from CEQA a project to construct or expand a recycled water pipeline for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project meets specified criteria. Because a lead agency would be required to determine if a project qualifies for this exemption, this bill would impose a state-mandated local program. The bill would also exempt from CEQA the development and approval of building standards by state agencies for recycled water systems.
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 21080.44 is added to the Public Resources Code, to read:

21080.44.
 This division does not apply to a project that is approved or carried out by a public agency for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project also meets either of the following:
(a) The project consists of construction or expansion of a recycled water pipeline, directly related infrastructure within existing rights of way, and directly related groundwater replenishment, if the project does not affect wetlands or sensitive habitat, and where the construction impacts are fully mitigated consistent with applicable law.
(b) The project consists of construction or expansion of a recycled water pipeline located on or adjacent to a critically overdrafted groundwater basin, as designated by the Department of Water Resources pursuant to Section 12924 of the Water Code, which suffers from an undesirable result, as defined in Section 10721 of the Water Code.

SEC. 2.

 Section 21080.45 is added to the Public Resources Code, to read:

21080.45.
 This division does not apply to the development and approval of building standards by state agencies for recycled water systems.

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.