BILL ANALYSIS Ó
AB 880
Page 1
Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 880 (V. Manuel Perez) - As Amended: May 10, 2011
Policy Committee: Natural
ResourcesVote:8-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill expands the types of projects for which use of a
focused environmental impact report (EIR) is authorized to
include installation of a direct greenhouse gas emissions
reduction required by a rule adopted pursuant to the California
Global Warming Solutions Act (AB 32).
FISCAL EFFECT
1)Negligible state costs.
2)Potential minor state savings, to the extent state agencies
are lead agencies able to complete a focused EIR instead of a
full EIR.
COMMENTS
1)Rationale . The author contends a lead agency that undertakes
measures to reduce greenhouse gases pursuant to AB 32 should
be allowed to use a focused EIR, as currently is allowed for
required installation of pollution control equipment.
2)Background.
a) Environmental Impact Reports . CEQA obligates public
officials to consider the environmental effects of their
decisions. The public agency that proposes to approve a
project-known as the "lead agency"-must conduct an initial
study of the project to determine if it may have
significant, adverse environmental effects.
AB 880
Page 2
As a result of this initial study, the lead agency may
issue (i) a "negative declaration," meaning the project
will have no negative environmental effects; (ii) a
"mitigated negative declaration," meaning the project will
have environmental effects that are easily remedied; or
(iii) an EIR, a document that show public officials how to
avoid or mitigate the serious environmental effects of a
project.
CEQA allows specified lead agencies to issue less extensive
EIRs, known as focused EIRs, when a project is to install
pollution control equipment required by those agencies. In
such cases, the lead agency completed a generic EIR
contemplating all possible environmental effects of
installation of the pollution control equipment prior to
requiring its installation.
The lead agencies authorized to issue focused EIRs are the
Air Resources Board (ARB), local air districts, state and
regional water boards, the Department of Toxic Substances
Control, and the Integrated Waste Management Board.
b) AB 32 (Núñez, Chapter 488, Statutes of 2006) requires
California to limit its emissions of GHGs so that, by 2020,
those emissions are equal to what they were in 1990. To
that end, AB 32 requires ARB to quantify the state's 1990
GHG emissions and to adopt, by January 1, 2009, a "scoping
plan" that describes the board's plan for achieving the
maximum technologically feasible and cost-effective
reductions of GHG emissions reductions by 2020. In keeping
with AB 32, ARB adopted its AB 32 scoping plan in December
of 2008. Numerous state agencies soon will issue rules and
regulations limiting GHG emissions, consistent with AB 32.
3)Related Legislation. AB 1846 (V.M. Perez, Chapter 195,
Statutes of 2010) expands current law to allow use of a
focused EIR for installation of pollution control equipment
that reduces GHGs to comply with AB 32.
4)Support. This bill is supported by a long list of commercial
interests that could employ focused EIRs in place of full
EIRs.
5)Opposition. This bill is opposed by the City of Richmond and
several organizations that advocate for the environment and
AB 880
Page 3
public Health.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081