Bill Text: CA AB2578 | 2015-2016 | Regular Session | Amended
Bill Title: California Environmental Quality Act: exemptions: water service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2578 Detail]
Download: California-2015-AB2578-Amended.html
BILL NUMBER: AB 2578 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 19, 2016
An act to amend Section 21168.9 of add
Sections 21080.40 and 21080.41 to the Public Resources Code,
relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 2578, as amended, Bigelow. California Environmental Quality
Act: judicial relief. exemptions: water
service.
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 authorizes a court, in an
action or proceeding brought challenging the decision of a public
agency on the ground of noncompliance with CEQA, to enter an order
that includes, among other things, a mandate that the determination,
finding, or decision be void by the public agency, in whole or in
part. CEQA exempts various projects from its requirements.
This bill would make technical, nonsubstantive changes to those
provisions.
This bill would exempt from the requirements of CEQA a project
within a public street or highway or other public right-of-way for
the maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing water distribution
pipeline to address water leakage. Because a local agency would be
required to determine the applicability of this exemption, this bill
would impose a state-mandated local program. The bill would also
exempt activities undertaken by a local agency in response to a
drought to acquire water supplies, extend service, or provide water
for drinking and sanitation to certain individuals and communities.
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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21080.40 is added to the
Public Resources Code , to read:
21080.40. (a) This division does not apply to a project within a
public street or highway or any other public right-of-way for the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing water distribution
pipeline to address water leakage, including, but not limited to,
leakage identified in a water loss audit prepared pursuant to Section
10608.34 of the Water Code.
(b) For purposes of this section, "pipeline" means subsurface
pipelines and subsurface or surface accessories or appurtenances to a
pipeline, such as mains, traps, vents, cables, conduits, vaults,
valves, flanges, manholes, and meters.
SEC. 2. Section 21080.41 is added to the
Public Resources Code , to read:
21080.41. This division does not apply to any activities
undertaken by a local agency in response to a drought that are
necessary to acquire water supplies, extend service, or provide water
for drinking and sanitation to individuals and communities with
groundwater wells that have run dry or where the only available
groundwater exceeds primary or secondary drinking water standards, as
defined in Section 116275 of the Health and Safety 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.
SECTION 1. Section 21168.9 of the Public
Resources Code is amended to read:
21168.9. (a) If a court finds, as a result of a trial, hearing,
or remand from an appellate court, that any determination, finding,
or decision of a public agency has been made without compliance with
this division, the court shall enter an order that includes one or
more of the following:
(1) A mandate that the determination, finding, or decision be
voided by the public agency, in whole or in part.
(2) If the court finds that a specific project activity or
activities will prejudice the consideration or implementation of
particular mitigation measures or alternatives to the project, a
mandate that the public agency and any real parties in interest
suspend any or all specific project activity or activities, pursuant
to the determination, finding, or decision, that could result in an
adverse change or alteration to the physical environment, until the
public agency has taken any actions that may be necessary to bring
the determination, finding, or decision into compliance with this
division.
(3) A mandate that the public agency take specific action as may
be necessary to bring the determination, finding, or decision into
compliance with this division.
(b) An order pursuant to subdivision (a) shall include only those
mandates that are necessary to achieve compliance with this division
and only those specific project activities in noncompliance with this
division. The order shall be made by the issuance of a peremptory
writ of mandate specifying what action by the public agency is
necessary to comply with this division. However, the order shall be
limited to that portion of a determination, finding, or decision or
the specific project activity or activities found to be in
noncompliance only if a court finds that (1) the portion or specific
project activity or activities are severable, (2) severance will not
prejudice complete and full compliance with this division, and (3)
the court has not found the remainder of the project to be in
noncompliance with this division. The trial court shall retain
jurisdiction over the public agency's proceedings by way of a return
to the peremptory writ until the court has determined that the public
agency has complied with this division.
(c) This section does not authorize a court to direct any public
agency to exercise its discretion in any particular way. Except as
expressly provided in this section, nothing in this section is
intended to limit the equitable powers of the court.
