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AB-2057 California Environmental Quality Act: biogas pipelines: exemption.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2057:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2057


Introduced by Assembly Member Salas

February 06, 2018


An act to add and repeal Section 21080.23.5 to of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2057, as amended, Salas. 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 provides some exemptions from its requirements for specified projects, including for 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. If a local agency determines that a project is exempt from CEQA and approves or determines to carry out the project, CEQA authorizes a local agency to file a notice of determination with the county clerk in which the project will be located.
This bill would would, until January 1, 2022, provide that, for purposes of that exemption, “pipeline” also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, 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. The bill would require a local agency, if it determines that a project related to a pipeline located in those counties and used to transport biogas is exempt from CEQA and approves or determines to carry out the project, to file a notice of determination with the Office of Planning and Research and with the county clerk of the county in which the project will be located. Because additional duties would be imposed on a lead agency would be required to determine the applicability of the exemption, agency, the bill would impose a state-mandated local program.
(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Kern, Kings, and Tulare.
(3) 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 21080.23.5 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 the County of Fresno, Kern, Kings, or Tulare, 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) If a local agency determines that a project is not subject to this division pursuant to this section and Section 21080.23 and approves or determines to carry out the project, the local agency shall file a notice of determination with the Office of Planning and Research and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21152.
(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 2.

 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 concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare.

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.

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.