BILL ANALYSIS
AB 1846
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Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1846 (V. Manuel Perez) - As Amended: April 5, 2010
SUBJECT : CEQA: expedited environmental review: climate change
regulations.
SUMMARY : Amends the California Environmental Quality Act (CEQA)
to expand the authorized use of a "focused" environmental impact
report (EIR) for installation of mandated pollution control
equipment also to include a pollution control project that
reduce greenhouse gas (GHG) emissions to comply with AB 32.
EXISTING LAW :
1)Pursuant to CEQA:
a) Requires 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.
b) Authorizes 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., Air Resources Board (ARB), local
air districts, state and regional water boards, Department
of Toxic Substances Control, and the Integrated Waste
Management Board].
2)Pursuant to the California Global Warming Solutions Act (AB
32), requires 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.
THIS BILL :
1)Indicates that the intent of the measure is to conform and
clarify, and not to supersede, existing law.
AB 1846
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2)Amends CEQA to clarify that expedited review procedures for
projects to install mandated pollution control equipment,
including authority to utilize a focused EIR, apply to
projects that reduce GHG emissions to comply with AB 32.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. 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.
2)Purpose of the bill. According to the author:
A number of (AB 32) regulations will require many
California-based industries to make significant technological
investments on their facilities for the purposes of complying
AB 1846
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with AB 32. California's existing environmental laws allow
state-regional water and air agencies to utilize a focused
(EIR) for projects seeking to install pollution control
equipment...There is nothing in current law that prescribes
this same flexibility for projects seeking to install
pollution control equipment?for the purposes of complying with
AB 32.
3)Proposed author's amendments. The author's office has
indicated a desire to expand the list of state agencies whose
regulations may serve as the basis for a focused EIR for
purposes of the bill to include the California Energy
Commission and the California Public Utilities Commission.
The addition of these agencies appears consistent with the
intent of the bill.
REGISTERED SUPPORT / OPPOSITION :
Support
California Council for Environmental and Economic Balance
(sponsor)
California Apartment Association
California Business Properties Association
California Chamber of Commerce
California Forestry Association
Southern California Edison
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092