AB 2057: 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.