BILL NUMBER: AB 1846 CHAPTERED
BILL TEXT
CHAPTER 195
FILED WITH SECRETARY OF STATE AUGUST 27, 2010
APPROVED BY GOVERNOR AUGUST 27, 2010
PASSED THE SENATE AUGUST 5, 2010
PASSED THE ASSEMBLY AUGUST 9, 2010
AMENDED IN SENATE JUNE 21, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member V. Manuel Perez
(Coauthors: Assembly Members Blakeslee, Chesbro, Hill, Huffman,
and Skinner)
FEBRUARY 12, 2010
An act to amend Sections 21159, 21159.1, and 21159.4 of the Public
Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1846, 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 or a performance standard or treatment
requirement, an environmental analysis of the reasonably foreseeable
methods of compliance. CEQA authorizes the use of a focused
environmental impact report for a project that consists solely of the
installation of pollution control equipment required by the
specified state agencies.
This bill would additionally require that the above environmental
analysis be performed for a rule or regulation that requires the
installation of pollution control equipment or a performance standard
or treatment requirement adopted pursuant to the California Global
Warming Solutions Act of 2006, including those for rules and
regulations requiring the installation of pollution control equipment
adopted by the State Energy Resources Conservation and Development
Commission and the California Public Utilities Commission. The bill
would authorize the use of the focused environmental impact report
for a project that consists solely of the installation of pollution
control equipment or other components that are necessary to complete
the installation of that equipment that reduces greenhouse gas
emissions in compliance with a rule or regulation adopted pursuant to
the California Global Warming Solutions Act of 2006.
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 a rule or regulation requiring the
installation of pollution control equipment, or a performance
standard or treatment requirement, including a rule or regulation
that requires the installation of pollution control equipment or a
performance standard or treatment requirement 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 that requires the installation of
pollution control equipment 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
also include reasonably foreseeable greenhouse gas emission impacts
of compliance with the rule or regulation.
(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) This section 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) This section is not intended, 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 either of
the following:
(A) Pollution control equipment required by a rule or regulation
of an agency listed in subdivision (a) of Section 21159.4 and other
components necessary to complete the installation of that equipment.
(B) Pollution control equipment and other components necessary to
complete the installation of that equipment that reduces greenhouse
gases required by a rule or regulation of an agency listed in Section
21159.4 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 that were not discussed in the environmental analysis
of the rule or regulation required pursuant to subdivision (a) of
Section 21159. 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.
SEC. 4. Section 21159.4 of the Public Resources Code is amended to
read:
21159.4. (a) This article shall apply to all of the following
agencies:
(1) The State Air Resources Board.
(2) A district as defined in Section 39025 of the Health and
Safety Code.
(3) The State Water Resources Control Board.
(4) A California regional water quality control board.
(5) The Department of Toxic Substances Control.
(6) The Department of Resources Recycling and Recovery.
(b) This article shall apply to the State Energy Resources
Conservation and Development Commission and the California Public
Utilities Commission for rules and regulations requiring the
installation of pollution control equipment adopted pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).