BILL ANALYSIS
AB 1846
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 1846
AUTHOR: V. Manuel Perez
AMENDED: April 14, 2010
FISCAL: Yes HEARING DATE: June 14, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under expedited environmental review procedures
for environmental mandated projects under the California
Environmental Quality Act (CEQA):
1) Provides that these procedures apply to the following state
entities: The State Air Resources Board (ARB), air
pollution control district or air quality management
district, State Water Resources Control Board, regional
water quality control boards, Department of Toxic
Substances Control, and California Integrated Waste
Management Board (CIWMB). (Public Resources Code
21159.4).
2) Requires certain agencies to perform an environmental
analysis of reasonably foreseeable methods of compliance
when adopting a rule or regulation requiring installation
of pollution control equipment, or a performance standard
or treatment requirement. The analysis must include an
analysis of: a) the reasonably foreseeable environmental
impacts of the methods of compliance, b) reasonably
foreseeable feasible mitigation measures, and c) reasonably
foreseeable alternative means of compliance with the rule
or regulation. (21159).
3) Authorizes a focused Environmental Impact Report (EIR) to
be used for a project consisting solely of the installation
of pollution control equipment required by a rule or
regulation if certain conditions are met. (21159.1)
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This bill :
1) Revises the list of state entities subject to the above
provisions by repealing a reference to the CIWMB and adding
a reference to the Department of Resources Recycling and
Recovery, as well as adding the California Energy
Commission (CEC) and California Public Utilities Commission
(PUC) for rules and regulations adopted pursuant to the
California Global Warming Solutions Act of 2006 (CGWSA).
2) Requires the specified environmental analysis to also apply
to a rule or regulation requiring installation of pollution
control equipment or a performance standard or treatment
requirement, under the CGWSA. The analysis must also
include reasonably foreseeable greenhouse gas (GHG)
emission impacts of the methods of compliance for a rule or
regulation adopted pursuant to the CGWSA.
3) Authorizes a focused EIR to also be used for a project that
reduces GHGs to comply with a rule or regulation adopted
pursuant to the CGWSA.
COMMENTS :
1) Purpose of Bill . According to the author, "To ensure
timely compliance with California's climate change
regulations, AB 1846 (V. M. Perez) allows state-regional
water and air agencies the discretion to utilize a focused
[EIR] for projects seeking to install pollution control
equipment or that propose to change their raw material
formulations to a more sustainable product for the purposes
of complying with AB 32. This bill also expands the list
of state agencies which can use these focused EIR
provisions to also include the [CEC] and the [PUC].
The author notes that "Potential projects may include: energy
efficiency projects, diesel heater/boiler replacements to
steam generators, combined heating and cooling, tank
infrastructure upgrades to comply with the low carbon fuel
standard (LCFS), as well as the replacement of natural gas
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compressors to electric compressors."
Finally, according to the author, "AB 1846 (V.M. Perez) seeks
to conform AB 32 regulations to existing law, assist in the
reduction of California's GHG emissions, and spur job
creation at projects seeking to upgrade technologically."
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) Master EIRs, focused EIRs and expedited review for certain
projects . AB 1888 (Sher) Chapter 1131, Statutes of 1993,
amended and added various provisions of CEQA, including
provisions for master EIRs, focused EIRs, and expedited
environmental review for certain "environmentally mandated
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projects." A master EIR may be prepared for certain
projects, allowing for limited review of subsequent
projects described in the master EIR. A focused EIR is an
EIR on a subsequent project identified in a master EIR.
AB 1888 also established procedures for "environmentally
mandated projects" for certain state agencies requiring
certain analysis for rules and regulations requiring
installation of pollution control equipment, and allowing
focused EIRs for pollution control equipment required by
rules or regulations under certain conditions. AB 1846
revises the list of state entities subject to these
provisions, adds CGWSA-related projects subject to these
provisions, and revises the type of analysis required for
rules and regulations subject to these provisions.
4) Clarification needed . Clarification is needed to: a)
ensure that references in this bill to a rule or regulation
under the CGWSA or all projects reducing GHGs under the
CGWSA instead refer to a rule or regulation requiring the
installation of pollution control equipment required under
the CGWSA; b) on page 3, lines 11 and 12, strike out "the
methods of compliance identified as required by this
section" and insert "compliance with the rule or
regulation"; c) on page 4, line 26, strike out "The" and
insert "A"; and d) on page 4, lines 30 to 34, clarify
references to PUC rules.
SOURCE : California Council for Environmental and
Economic Balance
SUPPORT : American Council of Engineering Companies,
Association of Environmental Professionals,
California Apartment Association, California
Business Properties Association, California
Chamber of Commerce, California Forestry
Association, California Special Districts
Association, California State Council of
Laborers, Chambers of Commerce Alliance,
Greater Riverside Chambers of Commerce,
Regional Council of Rural Counties, Santa
Barbara County, Southern California Edison
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OPPOSITION : None on file