§ 21080.23. — 21080.23. (Amended by Stats. 2012, Ch. 548, Sec. 3.)

(a)
This division does not apply to any project which consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined in subdivision (a) of Section 51010.5 of the Government Code, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline, if the project meets all of the following conditions:
(1)
(A)
The project is less than eight miles in length.
(B)
Notwithstanding subparagraph (A), actual construction and excavation activities undertaken to
achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time.
(2)
The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to this section in the past 12 months.
(3)
The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil.
(4)
To the extent not otherwise expressly required by
law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project.
(5)
Project activities are undertaken within an existing right-of-way and the right-of-way is restored to its condition prior to the project.
(6)
The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the
Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and
with all applicable federal laws.
(b)
If a project meets all of the requirements of subdivision (a), the person undertaking the project shall do all of the following:
(1)
Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of the exemption of the project from this division by subdivision (a).
(2)
Provide notice to the public in the affected area in a manner consistent with paragraph (3) of subdivision (b) of Section 21092.
(3)
In the case of private rights-of-way over private property, receive from the
underlying property owner permission for access to the property.
(4)
Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.
(c)
This section does not apply to either of the following:
(1)
A project in which the diameter of the
pipeline is increased.
(2)
A project undertaken within the boundaries of an oil refinery.

Legislative History

Amended by Stats. 2012, Ch. 548, Sec. 3. (AB 2669) Effective January 1, 2013.