BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 231|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 231
Author: Huber (D)
Amended: 8/20/10 in Senate
Vote: 27 - Urgency
SENATE ENV. QUALITY COMMITTEE : 5-0, 8/2/10
AYES: Simitian, Corbett, Hancock, Lowenthal, Strickland
NO VOTE RECORDED: Runner, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Environment: California Environmental Quality
Act:
overriding consideration
SOURCE : Author
DIGEST : This bill, under California Environmental
Quality Act, authorizes a lead agency, until January 1,
2016, to incorporate by reference on a finding of
overriding consideration made in a prior environmental
impact report for a later project if certain conditions are
met, including if the lead agency determines that the later
project's significant impacts on the environment are not
greater than or different from those identified in the
prior environmental impact report from which the project is
tiered.
CONTINUED
AB 231
Page
2
Senate Floor Amendments of 8/20/10 (1) clarify that an
agency may "incorporate by reference," rather than "rely
on," a finding of overriding consideration involving a
prior EIR, (2) clarify conditions when this may be allowed,
(3) add double-jointing provisions with SB 1456 (Simitian)
to avoid chaptering conflicts, and (4) make technical and
clarifying amendments.
ANALYSIS :
Existing law, under the California Environmental Quality
Act (CEQA):
1. Requires lead agencies with the principal responsibility
for carrying out or approving a proposed 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).
2. Requires a lead agency to examine significant
environmental effects of a project by using a tiered EIR
if a prior EIR has been prepared and certified for a
program, plan, policy, or ordinance, and the later
project meets certain requirements. The tiered EIR on
the later project need not examine effects that were
either mitigated or avoided as a result of the prior
EIR, or examined at a sufficient level of detail in the
prior EIR to enable those effects to be mitigated or
avoided by site specific revisions, imposition of
conditions, or other means in connection with approval
of the later project.
3. Prohibits a public agency from approving or carrying out
a project for which an EIR has been certified that
identifies one or more significant effects on the
environment that would occur if the project is approved
or carried out unless the public agency makes one or
more of the following findings with respect to each
significant effect:
AB 231
Page
3
A. Changes or alterations have been required in, or
incorporated into, the project to mitigate or avoid
the significant environmental effects.
B. Changes or alterations are the responsibility of
another public agency and have been, or can and
should be, adopted by that other agency.
C. Specific economic, legal, social, technological,
or other considerations make infeasible the
mitigation measures or alternatives identified in
the EIR. With respect to this finding, the public
agency also finds that specific overriding
economic, legal, social, technological, or other
benefits outweigh the significant environmental
effects.
This bill authorizes a lead agency for a project to
incorporate by reference on a finding of overriding if all
of the following conditions are met:
A. The lead agency determines that the project's
significant impacts on the environment are not
greater than or different from those identified in
the prior environmental impact report.
B. The lead agency incorporates into the later
project all the applicable mitigation measures
identified by the prior environmental impact
report.
C. The prior finding of overriding considerations
was not based on a determination that mitigation
measures should be identified and approved in a
subsequent environmental review.
D. The prior environmental impact report was
certified not more than three years before the date
findings are made pursuant to Section 21081 for the
later project.
E. The lead agency has determined that the
mitigation measures or alternative found to be
infeasible in the prior environmental impact report
AB 231
Page
4
remain infeasible based on the specified criteria.
This bill specifies that a lead agency, on or after January
1, 2016, shall not take action with regard to incorporating
by reference a prior on a finding of overriding
consideration made in a prior environmental impact report
which shall become inoperative on that date.
Comments
According to the author's office, "If a lead agency adopts
a statement of overriding consideration for an
environmental impact when it does an EIR on a General Plan
(or other plan, policy or ordinance), that same finding of
overriding consideration may be used for any specific
project that creates the same adverse environmental impact,
provided the impact is not greater or different at the
project level than at the plan level. In other words, the
project may tier off the statement of overriding
consideration at the plan level."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
TSM:do 8/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****