BILL ANALYSIS
AB 2313
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REPLACE - 06/02/2010 Technical change (Member name)
ASSEMBLY THIRD READING
AB 2313 (Buchanan )
As Amended April 26, 2010
Majority vote
NATURAL RESOURCES 8-0 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Brownley, De |Ayes:|Fuentes, Ammiano, |
| |Leon, Hill, Huffman, | |Bradford, |
| |Knight, Logue, Skinner | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |Monning, Ruskin, Skinner, |
| | | |Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
| | | | |
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SUMMARY : Requires the Office of Planning and Research (OPR) to
prepare, and the Secretary of the Natural Resources Agency (NRA)
to adopt, revisions to the California Environmental Quality Act
(CEQA) Guidelines to establish standards for determining
significant effects on the environment resulting from greenhouse
gas emissions.
EXISTING LAW :
1)Requires, pursuant to the California Global Warming Solutions
Act (AB 32), the Air Resources Board to adopt a statewide
greenhouse gas (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.
2)Requires, pursuant to CEQA, a lead agency with the principal
responsibility for carrying out or approving a proposed
discretionary project to evaluate the environmental effects of
its action and prepare a negative declaration, mitigated
negative declaration, or environmental impact report (EIR).
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If an initial study shows that the project may have a
significant effect on the environment, the lead agency must
prepare an EIR. A lead agency must base its determination of
significant effects on substantial evidence.
3)Requires OPR and NRA to prepare, adopt and periodically update
guidelines for the mitigation of GHG emissions as required by
CEQA.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time General Fund costs during 2011-12 and
2012-13 to OPR of approximately $400,000.
COMMENTS : 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. A lead agency must base its
determination of significant effects on substantial evidence.
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.
As directed by SB 97 (Dutton), Chapter 185, Statutes of 2007,
the NRA adopted amendments to the CEQA Guidelines for greenhouse
gas emissions on December 30, 2009. The CEQA Guidelines
(Section 15064.4) now provide guidance to lead agencies for
determining significant effects of GHG emissions, but stop short
of articulating a clear quantitative standard. As is common
with CEQA, lead agencies have discretion, bounded by the basic
requirement that a lead agency must base its determination of
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significant effects on substantial evidence relevant to the
project in question.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0004729