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AB-431 California Environmental Quality Act: exemptions: projects in Town of Paradise and Butte County.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
AB431:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 431


Introduced by Assembly Member Gallagher

February 07, 2019


An act to add Sections 21080.50 and 21080.51 and 21080.52 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 431, as amended, Gallagher. California Environmental Quality Act: exemptions: projects in Town of Paradise and Butte County.
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.
This bill would exempt from CEQA projects or activities undertaken in the Town of Paradise related to the construction or operation of a publicly owned treatment works the provision of sewer treatment or water service to the Town of Paradise or related to the improvement of evacuation routes. routes in the Town of Paradise. The bill would also exempt from CEQA projects or activities undertaken by the Paradise Irrigation District related to the provision of water service.
This bill would exempt from CEQA projects or activities undertaken in the County of Butte related to forest health and fuel reduction. Because a lead agency would be required to determine the applicability of this exemption to a project or activities, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Town of Paradise Paradise, the Paradise Irrigation District, and the County of Butte.
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 21080.50 is added to the Public Resources Code, to read:
21080.50.

SECTION 1.

 Section 21080.51 is added to the Public Resources Code, to read:

21080.51.
 (a) This division does not apply to the construction or operation of a publicly owned treatment works located in projects or activities related to the provision of sewer treatment or water service to the Town of Paradise. Paradise or projects or activities undertaken by the Paradise Irrigation District related to the provision of water service.
(b) This division does not apply to projects or activities undertaken by a public agency to improve evacuation routes, including maintenance, repair, expansion, or addition of new roadways, in the Town of Paradise.

SEC. 2.Section 21080.51 is added to the Public Resources Code, to read:
21080.51.

SEC. 2.

 Section 21080.52 is added to the Public Resources Code, to read:

21080.52.
 This division does not apply to projects or activities undertaken in the County of Butte related to forest health and fuel reduction that involve thinning overgrown brushes or trees 10 inches or less in diameter by mechanical thinning, pile burning, prescribed fire, and grazing.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances faced by the Town of Paradise Paradise, the Paradise Irrigation District, and the County of Butte.

SEC. 4.

 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.