BILL NUMBER: AB 2313	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 19, 2010

   An act to add Section  21083.03   21082.3
 to the Public Resources Code, relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2313, as amended, Buchanan. Greenhouse gas: emissions:
significant  effects.   effects: regional
transportation plan.  
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board (state board) to adopt regulations to
require the reporting and verification of emissions of greenhouse
gases and to monitor and enforce compliance with the reporting and
verification program, and requires the state board to adopt a
statewide greenhouse gas (GHG) emissions limit equivalent to the
statewide GHG emissions levels in 1990 to be achieved by 2020.

   The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. 
   CEQA requires the Office of Planning and Research, by July 1,
2009, to prepare, develop, and transmit to the Natural Resources
Agency guidelines for the mitigation of GHG emissions or the effects
of GHG emissions as required by CEQA. The Natural Resources Agency is
required to certify and adopt those guidelines on or before January
1, 2010. CEQA requires the office and the agency to periodically
update those guidelines to incorporate specified new information or
criteria.  
   This bill would require the office, on or after January 1, 2011,
at the time of the next review of the guidelines prepared and
developed by the office to implement CEQA, to prepare, develop, and
transmit to the Secretary of the Natural Resources Agency recommended
proposed changes or amendments to the guidelines regarding standards
for determining significant effects on the environment resulting
from GHG emissions. The bill would require the secretary to adopt
those recommended proposed changes or amendments to the guidelines,
upon receipt and review.  
   Existing law requires specified transportation planning agencies
to prepare and adopt a regional transportation plan directed at
achieving a coordinated and balanced regional transportation system.
 
   This bill would authorize a lead agency, in adopting a regional
transportation plan for a region in which a residential or mixed-use
residential project is located, to use a threshold of significance
for greenhouse gas emissions adopted for the residential or mixed-use
residential project by the air pollution control district or air
quality management district within which the project is located to
determine whether the project may have a significant effect on the
environment due to the emission of greenhouse gases. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 21082.3 is added to the 
 Public Resources Code   , to read:  
   21082.3.  (a) Prior to the adoption of a regional transportation
plan pursuant to Section 65080 of the Government Code for a region in
which a residential or mixed-use residential project is located, a
lead agency may use a threshold of significance for greenhouse gas
emissions adopted for the residential or mixed-use residential
project by the air pollution control district or air quality
management district within which the project is located to determine
whether the project may have a significant effect on the environment
due to the emission of greenhouse gases.
   (b) For a project subject to this section, greenhouse gas
emissions below the threshold of significance do not have a
significant effect on the environment as it relates to greenhouse gas
emissions for the purposes of this division.
   (c) For the purposes of this section, a "residential or mixed-use
residential project" has the same meaning as set forth in subdivision
(d) of Section 21159.28.  
  SECTION 1.    The Legislature intends to enact
legislation regarding the determination of significant effects on the
environment resulting from greenhouse gas emissions. 

  SEC. 2.    Section 21083.03 is added to the Public
Resources Code, to read:
   21083.03.  (a) On or after January 1, 2011, at the time of the
next review, pursuant to subdivision (f) of Section 21083, of the
guidelines prepared and developed pursuant to Section 21083 to
implement this division, the Office of Planning and Research shall
prepare, develop, and transmit to the Secretary of the Natural
Resources Agency recommended proposed changes or amendments to the
guidelines implementing this division regarding standards for
determining significant effects on the environment resulting from
greenhouse gas emissions.
   (b) Upon receipt and review, the Secretary of the Natural
Resources Agency shall certify and adopt the recommended proposed
changes or amendments prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).