BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1846|
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                                    CONSENT


          Bill No:  AB 1846
          Author:   V. Manuel Perez (D), et al
          Amended:  6/21/10 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTA QUALITY COMMITTEE  :  7-0, 6/14/10
          AYES:  Simitian, Runner, Corbett, Hancock, Lowenthal,  
            Pavley, Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  74-0, 5/6/10 (Consent) - See last page for  
            vote


           SUBJECT  :    California Environmental Quality Act

           SOURCE  :     California Council for Environmental and  
          Economic Balance


           DIGEST  :    This bill expands current law to allow use of a  
          focused environmental impact report for installation of  
          pollution control equipment that reduces greenhouse gas  
          emissions to comply with the California Global Warming  
          Solutions Act of 2006.

           ANALYSIS  :    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  
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          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, will 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 additionally requires 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 authorizes 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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/2/10)


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          California Council for Environmental and Economic Balance  
          (source)  
           American Council of Engineering Companies
          Association of Environmental Professionals
          California Apartment Association
          California Business Properties Association
          California Chamber of Commerce
          California Forestry Association
          California Special Districts Association
          California State Council of Laborers
          Chambers of Commerce Alliance
          Greater Riverside Chambers of Commerce
          Regional Council of Rural Counties
          Santa Barbara County
          Southern California Edison


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "To ensure timely compliance with California's climate  
          change regulations, AB 1846 (V. M. Perez) allows  
          state-regional water and air agencies the discretion to  
          utilize a focused [EIR] for projects seeking to install  
          pollution control equipment or that propose to change their  
          raw material formulations to a more sustainable product for  
          the purposes of complying with AB 32.  This bill also  
          expands the list of state agencies which can use these  
          focused EIR provisions to also include the [CEC] and the  
          [CPUC].

          The author's office notes that "Potential projects may  
          include: energy efficiency projects, diesel heater/boiler  
          replacements to steam generators, combined heating and  
          cooling, tank infrastructure upgrades to comply with the  
          low carbon fuel standard (LCFS), as well as the replacement  
          of natural gas compressors to electric compressors."

          Finally, according to the author, "AB 1846 (V.M. Perez)  
          seeks to conform AB 32 regulations to existing law, assist  
          in the reduction of California's GHG emissions, and spur  
          job creation at projects seeking to upgrade  
          technologically."


           ASSEMBLY FLOOR  

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                                                               AB 1846
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          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Block, De La Torre, Gilmore,  
            Mendoza, Vacancy


          TSM:do  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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