BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               AB 2669
                                                                       

                       SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                          Senator S. Joseph Simitian, Chairman
                               2011-2012 Regular Session
                                            
           BILL NO:    AB 2669
           AUTHOR:     Assembly Natural Resources Committee
           AMENDED:    June 11, 2012
           FISCAL:     No                HEARING DATE:     June 18, 2012
           URGENCY:    No                CONSULTANT:       Randy Pestor
            
           SUBJECT  :    CALIFORNIA ENVIRONMENTAL QUALITY ACT

            SUMMARY  :    
           
            Existing law , under the California Environmental Quality Act 
           (CEQA): 

           1)Requires lead agencies with the principal responsibility for 
             carrying out or approving a proposed discretionary project to 
             prepare a negative declaration, mitigated declaration, or 
             environmental impact report (EIR) for this action, unless the 
             project is exempt from CEQA (CEQA includes various statutory 
             exemptions, as well as categorical exemptions in the CEQA 
             guidelines).  (Public Resources Code §21000 et seq.).  Some 
             statutory exemptions include the following:

              a)   The selection, credit, and transfer of emission credits 
                by the South Coast Air Quality Management District (SCAQMD) 
                until repeal of Health and Safety Code §40440.14 (a related 
                provision) January 1, 2012.  (§21080(b)(16)).

              b)   The inspection, maintenance, repair, restoration, 
                reconditioning, relocation, replacement, or removal of 
                certain pipelines meeting certain conditions (§21080.23), 
                except specified ARCO Pipeline Company pipelines prior to 
                January 1, 1999.  (§21080.23(c)).

              c)   The issuance, modification, amendment, or renewal of 
                certain permits by an air pollution control district (APCD) 
                or air quality management district (AQMD), unless the 
                issuance, modification, amendment, or renewal authorizes a 
                physical or operational change to a source or facility.  
                (§21080.24(a)).  This provision does not apply to a physical 









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                or operational change that prior to January 1, 1995, was not 
                subject to CEQA.  (§21070.24(b)).

              d)   Any project undertaken, carried out, or approved by a 
                public agency to maintain, repair, restore, demolish or 
                replace property or facilities damaged or destroyed as a 
                result of a disaster in a disaster stricken area where a 
                state of emergency has been proclaimed by the Governor.  
                (§§21080(b)(3) and 21172).

           2)Requires the Secretary of the Natural Resources Agency to 
             develop a protocol by July 1, 2004, for reviewing the 
             prospective application of certified regulatory programs.  
             (§21080.5(k)).

           3)Requires the Office of Planning and Research (OPR), by July 1, 
             2009, to prepare and transmit guidelines to the Resources 
             Agency for mitigating greenhouse gas (GHG) emissions, as 
             required by CEQA.  The Resources Agency must certify and adopt 
             the guidelines by January 1, 2010.  OPR must periodically 
             update the guidelines to incorporate new information or 
             criteria established by the State Air Resources Board (ARB).  
             (§21083.05).

           4)Requires the CEQA guidelines to include a list of projects that 
             have been determined to not have a significant effect on the 
             environment and that are exempt from CEQA (i.e., categorical 
             exemptions).  (§21084).  Amendments to this provision in 1991 
             apply only to project applications that were not deemed 
             complete before January 1, 1992.  (§21084(e)).

           5)Requires a lead agency to consult lists relating to hazardous 
             waste sites (i.e., "Cortese list") to determine whether a 
             project and any alternatives are located on a site that is 
             included on the list.  (§21092.6).  This provision applies only 
             to project applications not deemed complete before January 1, 
             1992.  (§21092.6(c)).

           6)Requires any documents submitted in electronic format to OPR to 
             be furnished to the California State Library commencing January 
             1, 2003.  (§21159.9).











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           7)Contain provisions relating to certain actions taken prior to 
             the enactment of CEQA, such as local agency formation action, 
             except certain related matters.  (§§21172.5, 21175, and 21176).
            
           This bill :

           1) Repeals:  a) the SCAQMD emission credit exemption 
              (§21080(b)(16)); b) the exception to the pipeline exemption 
              for specified ARCO Pipeline Company pipelines prior to January 
              1, 1999 (§21080.23(c)); c) the exception to the APCD and AQMD 
              permit exemption for changes that prior to January 1, 1995, 
              were not subject to CEQA (§21070.24(b)); and the second 
              duplicative exemption relating to certain facilities in 
              disaster stricken areas (§21172).

           2) Repeals requirements relating to protocols for certified 
              regulatory programs.  (§21080.5(k)).

           3) Revises OPR and Natural Resources Agency CEQA GHG related 
              guidelines to reference periodic updates.  (§21083.05).

           4) Repeals the reference to categorical exemption 1991 amendments 
              applying to projects with applications not deemed complete 
              before January 1, 1992.  (§21084(e)).

           5) Repeals the reference to the Cortese list 1991 requirements 
              applying to projects with completed applications not deemed 
              complete before January 1, 1992.  (§21092.6(c)).

           6) Repeals the January 1, 2003, date for OPR to provide 
              electronic documents to the California State Library that is 
              submitted to OPR.  (§21159.9).

           7) Repeals provisions relating to certain actions taken prior to 
              enactment of CEQA, with certain exceptions.  (§§21172.5, 
              21175, and 21176).

           8) Makes clarifying and technical amendments.  (§§21091, 21094, 
              21151.1, and 21167.10). 

            COMMENTS  :











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            1) Purpose of Bill  .  According to the Assembly Natural Resources 
              Committee, AB 2669 makes "non-controversial amendments to the 
              CEQA statutes.  The bill repeals obsolete and/or duplicative 
              provisions."

            2) Brief background on CEQA  .  CEQA provides a process for 
              evaluating the environmental effects of a project, and 
              includes statutory exemptions, as well as categorical 
              exemptions in the CEQA guidelines.  If a project is not exempt 
              from CEQA, an initial study is prepared to determine whether a 
              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.

           If a mitigation measure would cause one or more significant 
              effects in addition to those that would be caused by the 
              proposed project, the effects of the mitigation measure must 
              be discussed but in less detail than the significant effects 
              of the proposed project.

            3) Clarification rather than repeal  .  AB 2669 repeals a 
              requirement for a Natural Resources Agency protocol to review 
              certified regulatory programs under CEQA, most likely because 
              a July 1, 2004, deadline to develop the protocol has passed.  
              However, rather than repealing a requirement for the protocol 
              it would be more appropriate to continue the protocol 
              requirement and allow for updates of the protocol.











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            SOURCE  :        Assembly Natural Resources Committee  

           SUPPORT  :       None on file. 
                                
           OPPOSITION  :    None on file.