BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1846|
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CONSENT
Bill No: AB 1846
Author: V. Manuel Perez (D), et al
Amended: 6/21/10 in Senate
Vote: 21
SENATE ENVIRONMENTA QUALITY COMMITTEE : 7-0, 6/14/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/6/10 (Consent) - See last page for
vote
SUBJECT : California Environmental Quality Act
SOURCE : California Council for Environmental and
Economic Balance
DIGEST : This bill expands current law to allow use of a
focused environmental impact report for installation of
pollution control equipment that reduces greenhouse gas
emissions to comply with the California Global Warming
Solutions Act of 2006.
ANALYSIS : 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 (EIR) on a project that it
proposes to carry out or approve that may have a
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AB 1846
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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, will have a significant effect on the
environment.
CEQA requires specified state agencies to perform, at the
time of adoption of a rule or regulation requiring the
installation of pollution control equipment or a
performance standard or treatment requirement, an
environmental analysis of the reasonably foreseeable
methods of compliance. CEQA authorizes the use of a
focused environmental impact report for a project that
consists solely of the installation of pollution control
equipment required by the specified state agencies.
This bill additionally requires that the above
environmental analysis be performed for a rule or
regulation that requires the installation of pollution
control equipment or a performance standard or treatment
requirement adopted pursuant to the California Global
Warming Solutions Act of 2006, including those for rules
and regulations requiring the installation of pollution
control equipment adopted by the State Energy Resources
Conservation and Development Commission and the California
Public Utilities Commission.
The bill authorizes the use of the focused environmental
impact report for a project that consists solely of the
installation of pollution control equipment or other
components that are necessary to complete the installation
of that equipment that reduces greenhouse gas emissions in
compliance with a rule or regulation adopted pursuant to
the California Global Warming Solutions Act of 2006.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
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California Council for Environmental and Economic Balance
(source)
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
ARGUMENTS IN SUPPORT : According to the author's office,
"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
[CPUC].
The author's office 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 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."
ASSEMBLY FLOOR
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AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Vacancy
TSM:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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