California Assembly Bill AB2578 Amended / Bill

 BILL NUMBER: AB 2578AMENDED 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.