BILL ANALYSIS �
AB 2669
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 2669
AUTHOR: Assembly Natural Resources Committee
AMENDED: June 11, 2012
FISCAL: No HEARING DATE: June 18, 2012
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under the California Environmental Quality Act
(CEQA):
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed discretionary project to
prepare a negative declaration, mitigated declaration, or
environmental impact report (EIR) for this action, unless the
project is exempt from CEQA (CEQA includes various statutory
exemptions, as well as categorical exemptions in the CEQA
guidelines). (Public Resources Code �21000 et seq.). Some
statutory exemptions include the following:
a) The selection, credit, and transfer of emission credits
by the South Coast Air Quality Management District (SCAQMD)
until repeal of Health and Safety Code �40440.14 (a related
provision) January 1, 2012. (�21080(b)(16)).
b) The inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal of
certain pipelines meeting certain conditions (�21080.23),
except specified ARCO Pipeline Company pipelines prior to
January 1, 1999. (�21080.23(c)).
c) The issuance, modification, amendment, or renewal of
certain permits by an air pollution control district (APCD)
or air quality management district (AQMD), unless the
issuance, modification, amendment, or renewal authorizes a
physical or operational change to a source or facility.
(�21080.24(a)). This provision does not apply to a physical
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or operational change that prior to January 1, 1995, was not
subject to CEQA. (�21070.24(b)).
d) Any project undertaken, carried out, or approved by a
public agency to maintain, repair, restore, demolish or
replace property or facilities damaged or destroyed as a
result of a disaster in a disaster stricken area where a
state of emergency has been proclaimed by the Governor.
(��21080(b)(3) and 21172).
2)Requires the Secretary of the Natural Resources Agency to
develop a protocol by July 1, 2004, for reviewing the
prospective application of certified regulatory programs.
(�21080.5(k)).
3)Requires the Office of Planning and Research (OPR), by July 1,
2009, to prepare and transmit guidelines to the Resources
Agency for mitigating greenhouse gas (GHG) emissions, as
required by CEQA. The Resources Agency must certify and adopt
the guidelines by January 1, 2010. OPR must periodically
update the guidelines to incorporate new information or
criteria established by the State Air Resources Board (ARB).
(�21083.05).
4)Requires the CEQA guidelines to include a list of projects that
have been determined to not have a significant effect on the
environment and that are exempt from CEQA (i.e., categorical
exemptions). (�21084). Amendments to this provision in 1991
apply only to project applications that were not deemed
complete before January 1, 1992. (�21084(e)).
5)Requires a lead agency to consult lists relating to hazardous
waste sites (i.e., "Cortese list") to determine whether a
project and any alternatives are located on a site that is
included on the list. (�21092.6). This provision applies only
to project applications not deemed complete before January 1,
1992. (�21092.6(c)).
6)Requires any documents submitted in electronic format to OPR to
be furnished to the California State Library commencing January
1, 2003. (�21159.9).
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7)Contain provisions relating to certain actions taken prior to
the enactment of CEQA, such as local agency formation action,
except certain related matters. (��21172.5, 21175, and 21176).
This bill :
1) Repeals: a) the SCAQMD emission credit exemption
(�21080(b)(16)); b) the exception to the pipeline exemption
for specified ARCO Pipeline Company pipelines prior to January
1, 1999 (�21080.23(c)); c) the exception to the APCD and AQMD
permit exemption for changes that prior to January 1, 1995,
were not subject to CEQA (�21070.24(b)); and the second
duplicative exemption relating to certain facilities in
disaster stricken areas (�21172).
2) Repeals requirements relating to protocols for certified
regulatory programs. (�21080.5(k)).
3) Revises OPR and Natural Resources Agency CEQA GHG related
guidelines to reference periodic updates. (�21083.05).
4) Repeals the reference to categorical exemption 1991 amendments
applying to projects with applications not deemed complete
before January 1, 1992. (�21084(e)).
5) Repeals the reference to the Cortese list 1991 requirements
applying to projects with completed applications not deemed
complete before January 1, 1992. (�21092.6(c)).
6) Repeals the January 1, 2003, date for OPR to provide
electronic documents to the California State Library that is
submitted to OPR. (�21159.9).
7) Repeals provisions relating to certain actions taken prior to
enactment of CEQA, with certain exceptions. (��21172.5,
21175, and 21176).
8) Makes clarifying and technical amendments. (��21091, 21094,
21151.1, and 21167.10).
COMMENTS :
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1) Purpose of Bill . According to the Assembly Natural Resources
Committee, AB 2669 makes "non-controversial amendments to the
CEQA statutes. The bill repeals obsolete and/or duplicative
provisions."
2) Brief background on CEQA . CEQA provides a process for
evaluating the environmental effects of a project, and
includes statutory exemptions, as well as categorical
exemptions in the CEQA guidelines. If a project is not exempt
from CEQA, an initial study is prepared to determine whether a
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.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure must
be discussed but in less detail than the significant effects
of the proposed project.
3) Clarification rather than repeal . AB 2669 repeals a
requirement for a Natural Resources Agency protocol to review
certified regulatory programs under CEQA, most likely because
a July 1, 2004, deadline to develop the protocol has passed.
However, rather than repealing a requirement for the protocol
it would be more appropriate to continue the protocol
requirement and allow for updates of the protocol.
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SOURCE : Assembly Natural Resources Committee
SUPPORT : None on file.
OPPOSITION : None on file.