California 2017 2017-2018 Regular Session

California Assembly Bill AB1273 Amended / Bill

Filed 05/02/2017

                    Amended IN  Assembly  May 02, 2017 Amended IN  Assembly  March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1273Introduced by Assembly Member GallagherFebruary 17, 2017An act to add and repeal Section 21080.12 of the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 1273, as amended, Gallagher. California Environmental Quality Act: exemption: levee repairs.Existing law, 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, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act.CEQA provides for various exemptions from the requirements of the act.This bill would, until July 1, 2028, 2023, exempt from the requirements of CEQA repairs of critical levees of the State Plan of Flood Control within an existing levee footprint to meet standards of public health and safety. safety, except as otherwise provided in a specified regulation. The bill would require the lead agency to take certain actions regarding the repairs. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.

 Amended IN  Assembly  May 02, 2017 Amended IN  Assembly  March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1273Introduced by Assembly Member GallagherFebruary 17, 2017An act to add and repeal Section 21080.12 of the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 1273, as amended, Gallagher. California Environmental Quality Act: exemption: levee repairs.Existing law, 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, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act.CEQA provides for various exemptions from the requirements of the act.This bill would, until July 1, 2028, 2023, exempt from the requirements of CEQA repairs of critical levees of the State Plan of Flood Control within an existing levee footprint to meet standards of public health and safety. safety, except as otherwise provided in a specified regulation. The bill would require the lead agency to take certain actions regarding the repairs. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  May 02, 2017 Amended IN  Assembly  March 28, 2017

Amended IN  Assembly  May 02, 2017
Amended IN  Assembly  March 28, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1273

Introduced by Assembly Member GallagherFebruary 17, 2017

Introduced by Assembly Member Gallagher
February 17, 2017

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

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1273, as amended, Gallagher. California Environmental Quality Act: exemption: levee repairs.

Existing law, 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, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act.CEQA provides for various exemptions from the requirements of the act.This bill would, until July 1, 2028, 2023, exempt from the requirements of CEQA repairs of critical levees of the State Plan of Flood Control within an existing levee footprint to meet standards of public health and safety. safety, except as otherwise provided in a specified regulation. The bill would require the lead agency to take certain actions regarding the repairs. 

Existing law, 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, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act.

CEQA provides for various exemptions from the requirements of the act.

This bill would, until July 1, 2028, 2023, exempt from the requirements of CEQA repairs of critical levees of the State Plan of Flood Control within an existing levee footprint to meet standards of public health and safety. safety, except as otherwise provided in a specified regulation. The bill would require the lead agency to take certain actions regarding the repairs. 

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.

SECTION 1. Section 21080.12 is added to the Public Resources Code, to read:

### SECTION 1.

21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.

21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.

21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.



21080.12. (a) This division does not apply to the repair of critical levees of the State Plan of Flood Control specified pursuant to Section 8361 of the Water Code within an existing levee footprint to meet standards of public health and safety. safety, 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 become inoperative on July 1, 2028, 2023, and, as of January 1, 2029, 2024, is repealed.