(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 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.

The California Emergency Services Act authorizes the Governor, during a state of emergency, to issue a proclamation of a state of emergency and to suspend any regulatory statute where the Governor determines and declares that strict compliance with the statute would prevent, hinder, or delay the mitigation of the effects of the emergency.

This bill would, for the duration of a state of emergency proclaimed by the Governor due to drought, flood, or fire, drought conditions, exempt from the requirements of CEQA certain projects that are undertaken, carried out, or approved by a public agency to mitigate the effects of, or conditions caused by, drought, flood, or fire. those drought conditions.

Because a public agency would be required to determine whether this exemption applies, 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.

(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 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.

The California Emergency Services Act authorizes the Governor, during a state of emergency, to issue a proclamation of a state of emergency and to suspend any regulatory statute where the Governor determines and declares that strict compliance with the statute would prevent, hinder, or delay the mitigation of the effects of the emergency.

This bill would, for the duration of a state of emergency proclaimed by the Governor due to drought, flood, or fire, exempt from the requirements of CEQA projects that are undertaken, carried out, or approved by a public agency to mitigate the effects of, or conditions caused by, drought, flood, or fire.

Because a public agency would be required to determine whether this exemption applies, 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.

(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 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.

The California Emergency Services Act authorizes the Governor, during a state of emergency, to issue a proclamation of a state of emergency and to suspend any regulatory statute where the Governor determines and declares that strict compliance with the statute would prevent, hinder, or delay the mitigation of the effects of the emergency.

This bill would, for the duration of a state of emergency proclaimed by the Governor due to drought, flood, or fire, exempt from the requirements of CEQA projects that are undertaken, carried out, or approved by a public agency to mitigate the effects of, or conditions caused by, drought, flood, or fire.

Because a public agency would be required to determine whether this exemption applies, 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.

Date of Hearing: April 4, 2016

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 1589 (

Author:Mathis) – As Amended Ver:March 14, 2016

SUBJECT: California Environmental Quality Act: exemption

SUMMARY: Exempts from the California Environmental Quality Act (CEQA) specified projects to mitigate drought conditions for which a state of emergency has been proclaimed by the Governor, while the state of emergency is in effect.

EXISTING LAW:

1. CEQA requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA.
2. Exempts a wide range of emergency projects, including specific actions necessary to prevent or mitigate an emergency; emergency repairs to public service facilities necessary to maintain service; and projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor.
3. The California Emergency Services Act authorizes the Governor, during a state of emergency, to issue a proclamation of a state of emergency and to suspend any regulatory statute where the Governor determines and declares that strict compliance with the statute would prevent, hinder, or delay the mitigation of the effects of the emergency.

THIS BILL:

1. Exempts from CEQA the following projects to mitigate drought conditions for which a state of emergency has been proclaimed by the Governor:
   1. Connect existing residential users facing critical water shortages to community water systems.
   2. Provide interconnections between existing community water systems to improve drought resilience for existing residential users.
   3. Involve the construction or expansion of stormwater infiltration or recycled water treatment facilities.
   4. Involve the construction or expansion of recycled water distribution infrastructure within existing rights of way.
   5. Implement specific directives for which the Governor, in the proclamation of a state of emergency, has suspended compliance with CEQA under the California Emergency Services Act.
2. Is operative only while a state of emergency due to drought conditions is in effect.

FISCAL EFFECT: Unknown

COMMENTS:

1. Background. CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, an initial study is prepared to determine whether the project may have a significant effect on the environment. If the initial study shows that the project would not have a significant effect on the environment, the lead agency must prepare a negative declaration. If the initial study shows that the project may have a significant effect, the lead agency must prepare an EIR.

Generally, an EIR must accurately describe the proposed project, identify and analyze each significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. Prior to approving any project that has received environmental review, an agency must make certain findings. If mitigation measures are required or incorporated into a project, the agency must adopt a reporting or monitoring program to ensure compliance with those measures.

CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA Guidelines. The following emergency projects are exempt from the requirements of CEQA:

• 1. Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor.
  2. Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare.
  3. Specific actions necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term.

1. Author's statement:

Our state is currently afflicted by several natural disasters, and more are sure to follow. In 2014, Governor Brown declared a state of emergency for the present drought afflicting the state. In addition, the state experienced 6,337 fires in 2015 alone, burning over 300,000 acres. Many of the effects of these disasters could have been mitigated through the timely implementation of CEQA-exempt projects. It is imperative that projects designed to repair the effects of droughts, floods, and fires are not held up with time-consuming CEQA processes during times of declared emergencies. Instead, the state should encourage steps towards combating natural disasters, and resolving their effects.

AB 1589 will grant state agencies, during times of declared emergencies, the ability to more readily mitigate the effects of existing emergencies, while also better preparing for future ones. The effects of numerous disasters could be alleviated, and casualties could be adverted, if CEQA was not a hindrance to vital mitigation projects. This bill will grant Californians the peace of mind that CEQA regulations have not: the right to recovery from the disasters that befall our state.

1. Is there a problem? As noted above, a wide range of emergency projects are specifically exempted from CEQA by the statute. Categorical exemptions are available for maintenance, replacement and reconstruction of existing public utility facilities, involving negligible or no expansion of capacity. In addition, the California Emergency Services Act authorizes the Governor, during a state of emergency, to issue a proclamation of a state of emergency and to suspend any regulatory statute where the Governor determines and declares that strict compliance with the statute would prevent, hinder, or delay the mitigation of the effects of the emergency.

This bill establishes a new exemption for specified projects to mitigate drought emergencies. The exemption is only operative while the state of emergency is in effect. It is not clear what circumstance the bill is intended to address that isn't addressed currently under CEQA and the Emergency Services Act.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California Water Agencies

California Association of Realtors

California Chamber of Commerce

Civil Justice Association of California

Opposition

California League of Conservation Voters

California Professional Firefighters

Clean Water Action California

Natural Resources Defense Council

Planning and Conservation League

Sierra Club California

Analysis Prepared by: Lawrence Lingbloom / NAT. RES. / (916) 319-2092