BILL NUMBER: AB 1846	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member V. Manuel Perez

                        FEBRUARY 12, 2010

   An act to amend Sections 21159 and 21159.1 of the Public Resources
Code, relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1846, as introduced, V. Manuel Perez. Environment: expedited
environmental review: climate change regulations.
   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 requires specified state agencies to perform, at the time of
adoption of a rule or regulation requiring the installation of
pollution control equipment, an environmental analysis of the
reasonably foreseeable methods of compliance. CEQA authorizes the use
of a focused environmental impact report for a project that is
solely of the installation of pollution control equipment required by
the specified state agencies.
   This bill would additionally require the above environmental
analysis be performed for a rule or regulation adopted pursuant to
the California Global Warming Solutions Act of 2006. The bill would
authorize the use of the focused environmental impact report for a
project that reduces greenhouse gas emissions in compliance with a
rule or regulation adopted pursuant to the California Global Warming
Solutions Act of 2006.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  It is the intent of the Legislature in enacting this
measure to conform and clarify existing law. This measure is not
intended to supersede existing law.
  SEC. 2.  Section 21159 of the Public Resources Code is amended to
read:
   21159.  (a) An agency listed in Section 21159.4 shall perform, at
the time of the adoption of  either  a rule or regulation
requiring the installation of pollution control equipment, or a
performance standard or treatment requirement,  or a rule or
regulation pursuant to the California Global Warming Solutions Act of
2006 (Division 25.5 (commencing with Section 38500) of the Health
and Safety Code),  an environmental analysis of the reasonably
foreseeable methods of compliance. In the preparation of this
analysis, the agency may utilize numerical ranges or averages where
specific data is not available; however, the agency shall not be
required to engage in speculation or conjecture. The environmental
analysis shall, at minimum, include, all of the following:
   (1) An analysis of the reasonably foreseeable environmental
impacts of the methods of compliance.
   (2) An analysis of reasonably foreseeable feasible mitigation
measures.
   (3) An analysis of reasonably foreseeable alternative means of
compliance with the rule or regulation. 
   (4) For a rule or regulation adopted pursuant to the California
Global Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code), the analysis shall
include reasonably foreseeable greenhouse gas emission impacts of the
methods of compliance identified as required by this section. 
   (b) The preparation of an environmental impact report at the time
of adopting a rule or regulation pursuant to this division shall be
deemed to satisfy the requirements of this section.
   (c) The environmental analysis shall take into account a
reasonable range of environmental, economic, and technical factors,
population and geographic areas, and specific sites.
   (d)  Nothing in this   This  section
 shall   does not  require the agency to
conduct a project level analysis.
   (e) For purposes of this article, the term "performance standard"
includes process or raw material changes or product reformulation.
   (f)  Nothing in this   This  section is
 not  intended,  or   and  may
 not  be used, to delay the adoption of any rule or
regulation for which an analysis is required to be performed pursuant
to this section.
  SEC. 3.  Section 21159.1 of the Public Resources Code is amended to
read:
   21159.1.  (a) A focused environmental impact report may be
utilized if a project meets all of the following requirements:
   (1) The project consists solely of the installation of pollution
control equipment required by a rule or regulation of an agency
listed in Section 21159.4 and other components necessary to complete
the installation of that equipment  or   a project that
reduces greenhouse gases to comply with a rule or regulation adopted
pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code)  .
   (2) The agency certified an environmental impact report on the
rule or regulation or reviewed it pursuant to a certified regulatory
program, and, in either case, the review included an assessment of
growth inducing impacts and cumulative impacts of, and alternatives
to, the project.
   (3) The environmental review required by paragraph (2) was
completed within five years of certification of the focused
environmental impact report.
   (4) An environmental impact report is not required pursuant to
Section 21166.
   (b) The discussion of significant effects on the environment in
the focused environmental impact report shall be limited to
project-specific potentially significant effects on the environment
of the project which were not discussed in the environmental analysis
of the rule or regulation required pursuant to subdivision (a) of
Section 21159.  No   A  discussion of
growth-inducing impacts or cumulative impacts shall  not  be
required in the focused environmental impact report, and the
discussion of alternatives shall be limited to a discussion of
alternative means of compliance, if any, with the rule or regulation.