BILL NUMBER: AB 794	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        FEBRUARY 21, 2013

   An act to add Section 21080.34 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 794, as introduced, Gorell. Environmental quality: California
Environmental Quality Act: exemption: use of landfill and organic
waste.
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report on a project that
it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment.
   CEQA exempts specified projects from its requirements.
   This bill would exempt from the requirements of CEQA a project
that takes landfill materials or organic waste and converts them into
renewable green energy if the lead agency finds that the project
will result in a net reduction in greenhouse gas emissions or support
sustainable agriculture. The bill would exempt from the requirements
of CEQA a project that uses biological processes to convert organic
waste streams into nonchemical soil fertility products that support
renewable and reusable cultivation and viability. Because a lead
agency would be required to determine whether a project is exempt
under those provisions, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.34 is added to the Public Resources Code,
to read:
   21080.34.  (a) This division does not apply to a project that
takes landfill materials or organic waste and converts them into
renewable green energy if the lead agency finds that the project will
result in the net reduction in greenhouse gas emissions furthering
the goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
   (b) This division does not apply to a project that uses natural
biological processes to convert organic waste streams into
nonchemical soil fertility products that support renewable and
reusable cultivation and viability.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.