BILL ANALYSIS Ó
AB 880
Page 1
ASSEMBLY THIRD READING
AB 880 (V. Manuel Pérez)
As Amended May 10, 2011
Majority vote
NATURAL RESOURCES 8-1 APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Knight, |Ayes:|Fuentes, Harkey, |
| |Brownley, Dickinson, | |Blumenfield, Bradford, |
| |Grove, Halderman, | |Charles Calderon, Campos, |
| |Huffman, Monning | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
|Nays:|Skinner | | |
| | | | |
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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 installation
of a direct emission reduction required by a rule or regulation
adopted by the Air Resources Board (ARB) pursuant to the
California Global Warming Solutions Act (AB 32).
EXISTING LAW :
1)Requires, pursuant to CEQA, 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.
2)Authorizes, pursuant to CEQA, 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 (i.e., 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
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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.
3)Requires, pursuant to AB 32, ARB to adopt a statewide 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state costs and potential minor state
savings, to the extent state agencies are lead agencies able to
complete a focused EIR instead of a full EIR.
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.
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
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required to address growth-inducing impacts or cumulative
impacts, and discussion of alternatives is limited to
alternative means of compliance.
AB 1846 (V. Manuel Perez), Chapter 195, Statutes of 2010, enacts
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. AB 880 (V. Manuel
Pérez) proposes another modest expansion to include direct
emission reduction projects required by a regulation adopted by
ARB, when the regulation itself was review pursuant to CEQA.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0001061