BILL ANALYSIS
AB 2313
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Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2313 (Buchanan) - As Amended: April 26, 2010
Policy Committee: Natural
ResourcesVote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the Governor's Office of Planning and
Research (OPR), to provide to the Secretary for Natural
Resources recommended changes for guidelines for the mitigation
of greenhouse gas (GHG) emissions as required by the California
Environmental Quality Act (CEQA). The bill also requires the
secretary to certify and adopt the recommended changes.
FISCAL EFFECT
One-time GF costs during 2011-12 and 2012-13 to OPR of
approximately $400,000-equivalent to one senior legal
professional working full time to develop guidelines for GHG
mitigation.
COMMENTS
1)Rationale . The author intends this bill, which was amended
substantially in policy committee, to result in definite,
uniform CEQA guidelines for the analysis of a project's GHG
emissions.
2)Background .
a) The California Environmental Quality Act . CEQA
obligates public officials to consider the environmental
effects of their decisions. The lead agency that proposes
to approve a project must conduct an initial study to
determine if the project may have significant, adverse
environmental effects. If not, the lead agency issues a
negative declaration and, after a 30-day review period,
AB 2313
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proceeds with its review and decision. If the lead agency
finds minor effects that can be mitigated, it issues a
mitigated negative declaration and then proceeds. If the
lead agency finds that the effects of the project may be
significant, it prepares an environmental impact report
(EIR), a document that show public officials how to avoid
or mitigate the project's environmental effects.
b) GHG Guidelines for CEQA . SB 97 (Dutton), Chapter 185,
Statutes of 2007, requires OPR and the Natural Resources
Agency to prepare, adopt and periodically update guidelines
for the mitigation of GHG emissions as required by CEQA.
As adopted, the CEQA Guidelines help lead agencies
determine significant effects of GHG emissions.
c) Support . As heard in policy committee, this bill was
supported by numerous industrial associations, who seek
clarifications of the GHG emission-related requirements
under CEQA.
d) Opposition . As heard in policy committee, this bill was
opposed by numerous environmental and public health
organizations. It is not clear whether these groups
continue to oppose the bill following the amendments made
by policy committee.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081