BILL ANALYSIS Ó
AB 880
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Date of Hearing: May 2, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 880 (V. Manuel Perez) - As Amended: March 25, 2011
SUBJECT : Environmental quality: CEQA: expedited environmental
review
SUMMARY : Amends the California Environmental Quality Act (CEQA)
to expand the authorized use of a "focused" environmental impact
report (EIR) for installation of required pollution control
equipment also to include projects that consist of new or
modified equipment, implementation of other facility process
changes, or both, necessary or used to achieve compliance with a
rule or regulation adopted pursuant to the California Global
Warming Solutions Act (AB 32).
EXISTING LAW :
1)Pursuant to CEQA:
a) Requires lead agencies with the principal responsibility
for carrying out or approving a proposed project to prepare
a negative declaration, mitigated negative declaration, or
EIR for this action, unless the project is exempt from
CEQA.
b) Authorizes use of a "focused" EIR (an EIR that evaluates
potential impacts on a limited number of environmental
issue areas because a prior EIR has evaluated the full
range of impacts) for projects that consist solely of the
installation of pollution control equipment required by
specified agencies Ýi.e., Air Resources Board (ARB), local
air districts, state and regional water boards, Department
of Toxic Substances Control, and the Integrated Waste
Management Board]. 2010 amendments include installation of
pollution control equipment that reduces greenhouse gas
(GHG) emissions as required by a rule or regulation
pursuant to AB 32, including rules or regulations adopted
by the California Energy Commission and the Public
Utilities Commission.
2)Pursuant to AB 32, requires ARB to adopt a statewide GHG
emissions limit equivalent to 1990 levels by 2020 and to adopt
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rules and regulations to achieve maximum technologically
feasible and cost-effective GHG emission reductions.
THIS BILL expands eligibility for the focused EIR from
installation of pollution control equipment that is required by
regulation to new or modified equipment and implementation of
other facility process changes that are "necessary or used to
achieve compliance with a performance standard, treatment
requirement, energy efficiency standard, or compliance mechanism
included in a rule or regulation" adopted pursuant to AB 32.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. 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.
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.
In 1993, as part of a package of CEQA reforms, the Legislature
authorized the use of a "focused" EIR for specified projects,
including installation of pollution control equipment pursuant
to air, water, toxics, and waste regulations. A focused EIR
expedites the review process by limiting the analysis to
project-specific significant effects that were not discussed
in the analysis of the underlying regulation. A focused EIR
is not required to address growth-inducing impacts or
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cumulative impacts, and discussion of alternatives is limited
to alternative means of compliance.
AB 1846 (V. Manuel Perez), Chapter 195, Statutes of 2010,
enacted a modest expansion of the focused EIR for pollution
control equipment to clarify that pollution control equipment
to reduce GHG emissions required by AB 32 is eligible.
2)Focused EIR should be limited to discreet emission reduction
measures required by regulation. This bill proposes to
redefine eligibility for a focused EIR to include a wide range
of measures undertaken to achieve compliance with AB 32. This
could include an unpredictable range of projects undertaken by
major GHG emitters, such as refinery and power plant upgrades,
that may reduce GHG emissions, but have a range of other
significant effects that might not be analyzed and mitigated
if a focused EIR is used. This bill appears to make the
focused EIR available to discretionary projects which may
achieve incidental GHG reductions, rather than specific
pollution control projects required by a regulation.
3)Is ARB's AB 32 CEQA work an adequate basis for
project-specific CEQA relief? Implementation of AB 32 has
been suspended due to a recent court ruling in a lawsuit
alleging deficiencies in ARB's CEQA analysis. On March 18,
2011, the San Francisco Superior Court issued an opinion in
Association of Irritated Residents, et al v. ARB, finding that
ARB had failed to comply with CEQA in adopting its AB 32
Scoping Plan and enjoining any further AB 32 rulemaking until
ARB remedies its CEQA analysis. The court found that ARB's
discussion of alternatives was inadequate and that ARB
improperly approved the Scoping Plan prior to completing its
environmental review.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Council of Engineering Companies of California
California Chamber of Commerce
California Construction & Industrial Materials Association
California Council for Environmental and Economic Balance
California Manufacturers & Technology Association
Chamber of Commerce Alliance
Fullerton Chamber of Commerce
Industrial Environmental Association
Oxnard Chamber of Commerce
Southern California Edison
Opposition
American Lung Association
Asian Pacific Environmental Network
California League of Conservation Voters
California Environmental Justice Alliance
Center for Biological Diversity
City of Richmond
Environmental Health Coalition
Planning and Conservation League
Sierra Club California
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092