BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 880
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          ASSEMBLY THIRD READING
          AB 880 (V. Manuel Pérez)
          As Amended  May 10, 2011
          Majority vote 

           NATURAL RESOURCES   8-1         APPROPRIATIONS      17-0        
           
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          |Ayes:|Chesbro, Knight,          |Ayes:|Fuentes, Harkey,          |
          |     |Brownley, Dickinson,      |     |Blumenfield, Bradford,    |
          |     |Grove, Halderman,         |     |Charles Calderon, Campos, |
          |     |Huffman, Monning          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Skinner                   |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Amends the California Environmental Quality Act (CEQA) 
          to expand the authorized use of a "focused" environmental impact 
          report (EIR) for installation of required pollution control 
          equipment also to include projects that consist of installation 
          of a direct emission reduction required by a rule or regulation 
          adopted by the Air Resources Board (ARB) pursuant to the 
          California Global Warming Solutions Act (AB 32).

           EXISTING LAW :

          1)Requires, pursuant to CEQA, 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.  

          2)Authorizes, pursuant to CEQA, 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., ARB, local air districts, state and 
            regional water boards, Department of Toxic Substances Control, 
            and the Integrated Waste Management Board).  2010 amendments 
            include installation of pollution control equipment that 








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            reduces greenhouse gas (GHG) emissions as required by a rule 
            or regulation pursuant to AB 32, including rules or 
            regulations adopted by the California Energy Commission and 
            the Public Utilities Commission.

          3)Requires, pursuant to AB 32, ARB 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.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, negligible state costs and potential minor state 
          savings, to the extent state agencies are lead agencies able to 
          complete a focused EIR instead of a full EIR.

           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 
          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 focused EIR is not 








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          required to address growth-inducing impacts or cumulative 
          impacts, and discussion of alternatives is limited to 
          alternative means of compliance.

          AB 1846 (V. Manuel Perez), Chapter 195, Statutes of 2010, enacts 
          a modest expansion of the focused EIR for pollution control 
          equipment to clarify that pollution control equipment to reduce 
          GHG emissions required by AB 32 is eligible.  AB 880 (V. Manuel 
          Pérez) proposes another modest expansion to include direct 
          emission reduction projects required by a regulation adopted by 
          ARB, when the regulation itself was review pursuant to CEQA.

           
          Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916) 
          319-2092 


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