BILL ANALYSIS
AB 1846
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1846 (V. Manuel Perez)
As Amended June 21, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |33-0 |(August 5, |
| | | | | |2010) |
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Original Committee Reference: NAT. RES.
SUMMARY : Amends the California Environmental Quality Act (CEQA)
to expand the authorized use of a "focused" environmental impact
report (EIR) for installation of mandated pollution control
equipment also to include a pollution control project that
reduce greenhouse gas (GHG) emissions to comply with the
California Global Warming Solutions Act (AB 32). Additionally
authorizes the use of a focused EIR for projects consisting
solely of GHG pollution control equipment or component
installation pursuant to AB 32.
The Senate amendments clarify that references in this bill to a
rule or regulation under the AB 32 or all projects reducing GHGs
under AB 32 instead refer to a rule or regulation requiring the
installation of pollution control equipment required under AB
32.
EXISTING LAW :
1)Pursuant to CEQA:
a) 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.
b) Authorizes use of a "focused" EIR (an EIR that evaluates
potential impacts on a limited number of environmental
issue areas because a prior EIR has evaluated the full
range of impacts) for projects that consist solely of the
installation of pollution control equipment required by
specified agencies [i.e., Air Resources Board (ARB), local
air districts, state and regional water boards, Department
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of Toxic Substances Control, and the Integrated Waste
Management Board].
2)Pursuant to AB 32, ARB is required to adopt a statewide GHG
emissions limit equivalent to 1990 levels by 2020 and to adopt
rules and regulations to achieve maximum technologically
feasible and cost-effective GHG emission reductions.
AS PASSED BY THE ASSEMBLY , this bill:
1)Indicated that the intent of the measure is to conform and
clarify, and not to supersede, existing law.
2)Amended CEQA to clarify that expedited review procedures for
projects to install mandated pollution control equipment,
including authority to utilize a focused EIR, apply to
projects that reduce GHG emissions to comply with AB 32.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS : CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
project may have a significant effect on the environment, the
lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed project,
identify and analyze each significant environmental impact
expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to the
proposed project. Prior to approving any project that has
received environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
In 1993, as part of a package of CEQA reforms, the Legislature
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authorized the use of a "focused" EIR for specified projects,
including installation of pollution control equipment pursuant
to air, water, toxics, and waste regulations. A focused EIR
expedites the review process by limiting the analysis to
project-specific significant effects that were not discussed in
the analysis of the underlying regulation.
A number of AB 32 regulations will require many California-based
industries to make significant technological investments on
their facilities or equipment for the purposes of complying with
AB 32. California's existing environmental laws allow
state-regional water and air agencies to utilize a focused EIR
for projects seeking to install pollution control equipment.
There is nothing in current law that prescribes this same
flexibility for projects seeking to install pollution control
equipment for the purposes of complying with AB 32.
Analysis Prepared by : Jessica Westbrook / NAT. RES. / (916)
319-2092
FN: 0005669