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 AB 2669 Page 2 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). AB 2669 Page 3 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 : AB 2669 Page 4 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. AB 2669 Page 5 SOURCE : Assembly Natural Resources Committee SUPPORT : None on file. OPPOSITION : None on file.