Bill Text: CA AB1849 | 2013-2014 | Regular Session | Introduced

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Bill Title: California Environmental Quality Act: exemption: levees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-04-07 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1849 Detail]

Download: California-2013-AB1849-Introduced.html

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BILL NUMBER: AB 1849	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 19, 2014

   An act to repeal and add Section 21080.12 of the Public Resources
Code, relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1849, as introduced, Logue. California Environmental Quality
Act: exemption: levees.
   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 (EIR) 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, until January 1, 2016, exempts from its requirements the
repair of specified critical levee.
   This bill would, instead, exempt from the requirements of CEQA,
the maintenance, repair, or replacement of an existing levee. Because
a lead agency would be required to determine the applicability of
this exemption, this bill would impose a state-mandated local
program.
   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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.12 of the Public Resources Code is
repealed. 
   21080.12.  (a) This division does not apply to the repair of
critical levees of the State Plan for Flood Control specified
pursuant to Section 8361 of the Water Code within an existing levee
footprint to meet standards of public health and safety funded
pursuant to Section 5096.821, except as otherwise provided in Section
15300.2 of Title 14 of the California Code of Regulations.
   (b) For purposes of undertaking urgent levee repairs, the lead
agency shall do all of the following:
   (1) Conduct outreach efforts in the vicinity of the project to
ensure public awareness of the proposed repair work prior to approval
of the project.
   (2) To the extent feasible, comply with standard construction
practices, including, but not limited to, any rules, guidelines, or
regulations adopted by the applicable air district for construction
equipment and for control of particulate matter emissions.
   (3) To the extent feasible, use equipment powered by emulsified
diesel fuel, electricity, natural gas, or ultralow sulfur diesel as
an alternative to conventional diesel-powered construction equipment.

   (c) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2016, deletes or extends that date.

  SEC. 2.  Section 21080.12 is added to the Public Resources Code, to
read:
   21080.12.  (a) The division does not apply to the maintenance,
repair, or replacement of an existing levees.
   (b) This section does not alter, affect, expand, or diminsh a
public agency's obligation to comply with regulatory requirements
imposed pursuant to other laws.
  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.