BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2669|
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THIRD READING
Bill No: AB 2669
Author: Assembly Natural Resources Committee
Amended: 6/21/12 in Assembly
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 6/18/12
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
ASSEMBLY FLOOR : 76-0, 5/14/12 (Consent) - See last page
for vote
SUBJECT : California Environmental Quality Act: obsolete
provisions
SOURCE : Author
DIGEST : This bill repeals obsolete and/or duplicative
provisions from California Environmental Quality Act
(CEQA).
ANALYSIS :
Existing law, under 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
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(CEQA includes various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines). (Public
Resources Code (PRC) Section 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 Section 40440.14 (a related provision) January
1, 2012. (PRC Section 21080(b)(16))
B. The inspection, maintenance, repair, restoration,
reconditioning, relocation, replacement, or removal
of certain pipelines meeting certain conditions (PRC
Section 21080.23), except specified ARCO Pipeline
Company pipelines prior to January 1, 1999. (PRC
Section 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. (PRC Section
21080.24(a)). This provision does not apply to a
physical or operational change that prior to January
1, 1995, was not subject to CEQA. (PRC Section
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. (PRC Section 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. (PRC Section 21080.5(k))
3. Requires the Office of Planning and Research (OPR), by
July 1, 2009, to prepare and transmit guidelines to the
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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 Air Resources Board (ARB). (PRC Section 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). (PRC
Section 21084). Amendments to this provision in 1991
apply only to project applications that were not deemed
complete before January 1, 1992. (PRC Section 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. (PRC
Section 21092.6). This provision applies only to
project applications not deemed complete before January
1, 1992. (PRC Section 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. (PRC Section 21159.9)
7. Contains provisions relating to certain actions taken
prior to the enactment of CEQA, such as local agency
formation action, except certain related matters. (PRC
Section 21172.5, 21175, and 21176)
This bill:
1. Repeals (a) the SCAQMD emission credit exemption (PRC
Section 21080(b)(16)); (b) the exception to the pipeline
exemption for specified ARCO Pipeline Company pipelines
prior to January 1, 1999 (PRC Section 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 (PRC Section 21070.24(b)); and the second
duplicative exemption relating to certain facilities in
disaster stricken areas (PRC Section 21172).
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2. Revises OPR and Natural Resources Agency CEQA
GHG-related guidelines to reference periodic updates.
(PRC Section 21083.05)
3. Repeals the reference to categorical exemption 1991
amendments applying to projects with applications not
deemed complete before January 1, 1992. (PRC Section
21084(e))
4. Repeals the reference to the Cortese list 1991
requirements applying to projects with completed
applications not deemed complete before January 1, 1992.
(PRC Section 21092.6(c))
5. Repeals the January 1, 2003 date for OPR to provide
electronic documents to the California State Library
that is submitted to OPR. (PRC Section 21159.9)
6. Repeals provisions relating to certain actions taken
prior to enactment of CEQA, with certain exceptions.
(PRC Section 21172.5, 21175, and 21176)
7. Makes clarifying and technical amendments. (PRC Section
21091, 21094, 21151.1, and 21167.10)
8. Allows the Secretary of the Resources Agency to update
the protocol to reviewing certified regulatory programs
under CEQA and update the report provided to legislative
committees regarding the need for a grant of additional
statutory authority authorizing the Secretary to
undertake a review of the certified regulatory program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/21/12)
AFSCME
ASSEMBLY FLOOR : 76-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
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Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao
DLW:m 6/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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