BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 231
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 231 (Huber)
          As Amended  August 20, 2010
          2/3 vote.  Urgency 
           
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          |ASSEMBLY:  |45-31|(June 2, 2009)  |SENATE: |28-1 |(August 24,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:   NAT. RES.  

           SUMMARY  :  Authorizes a lead agency under the California  
          Environmental Quality Act (CEQA), when using a tiered  
          environmental impact report (EIR) based on a prior EIR that used  
          a finding of overriding consideration, to use the prior finding  
          of overriding consideration in the new EIR if specified  
          conditions are met.
           
          The Senate amendments  delete the Assembly version of this bill,  
          and instead:  
           
          1)Permit a lead agency to incorporate, by reference, a finding  
            of overriding consideration from a previous EIR if all of the  
            following conditions are met:

             a)   The lead agency determines that the project's  
               significant impacts on the environment are not greater than  
               or different from those identified in the prior EIR;

             b)   The lead agency incorporates into the later project all  
               the applicable mitigation measures identified by the prior  
               EIR;

             c)   The prior finding of overriding consideration was not  
               based on a determination that mitigation measures should be  
               identified and approved in a subsequent environmental  
               review;

             d)   The prior EIR was certified not more than three years  
               before the date the finding of overriding consideration is  
               made for the later project; and,

             e)   The lead agency has determined that the mitigation  
               measures or alternatives found to be infeasible in the  








                                                                  AB 231
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               prior EIR remain infeasible.  

          2)Sunset the above provision January 1, 2016.

          3)Add a section incorporating amendments made by SB 1456  
            (Simitian) to resolve a potential chaptering conflict.|

          4)Add an urgency clause allowing this bill to take effect  
            immediately upon enactment.
           
          EXISTING LAW  :

          1)Requires lead agencies with the principal responsibility for  
            carrying out or approving a proposed project to prepare a  
            negative declaration, mitigated negative declaration, or EIR  
            for this action, unless the project is exempt from CEQA.

          2)Authorizes a lead agency to use a tiered EIR (based on a prior  
            EIR) for a project when the prior EIR has been prepared for a  
            program, plan, policy or ordinance and the project is  
            consistent.  Provides that the tiered EIR is not required to  
            examine effects that were examined at a sufficient level of  
            detail in the prior EIR.

          3)Permits a lead agency to approve a project with one or more  
            significant effects on the environment if it finds specific  
            economic, legal, social, technological, or other  
            considerations make infeasible the mitigation measures or  
            alternatives identified in the EIR, and the public agency also  
            finds that specific overriding economic, legal, social,  
            technological, or other benefits outweigh the significant  
            environmental effects.

           AS PASSED BY THE ASSEMBLY  , this bill required the Air Resources  
          Board to adopt fees on sources of greenhouse gas (GHG) emissions  
          and required the fees to be designed to allocate the costs of  
          implementing AB 32 based on the contribution of the source to  
          statewide emissions of GHGs.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to the author, "If a lead agency adopts a  
          statement of overriding consideration for an environmental  
          impact when it does an EIR on a General Plan (or other plan,  








                                                                  AB 231
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          policy or ordinance), that same finding of overriding  
          consideration may be used for any specific project that creates  
          the same adverse environmental impact, provided the impact is  
          not greater or different at the project level than at the plan  
          level.  In other words, the project may tier off the statement  
          of overriding consideration at the plan level."

           
          Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092 


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