BILL ANALYSIS �
SB 226
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 226 (Simitian and Vargas)
As Amended September 9, 2011
Majority vote
SENATE VOTE :36-0
NATURAL RESOURCES 6-1 AGRICULTURE 5-0
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|Ayes:|Chesbro, Brownley, |Ayes:|Galgiani, Bill Berryhill, |
| |Dickinson, Huffman, | |Hill, Ma, Perea |
| |Monning, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 12-0
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes exemptions and limits to environmental
review under the California Environmental Quality Act (CEQA) for
specified projects. Specifically, this bill:
1)Exempts from CEQA review the installation of a "solar energy
system" on the roof of an existing building or at an existing
parking lot. "Solar energy system" includes solar electric
(photovoltaic) and solar hot water projects, and associated
equipment not located on the roof, including connections to
the electric grid adjacent to the parcel, but excludes a
substation.
SB 226
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2)Establishes abbreviated CEQA review procedures for specified
"infill projects," where only specific or more significant
effects on the environment which were not addressed in a prior
planning-level environmental impact report (EIR) need be
addressed. An EIR for such a project need not consider
alternative locations, densities, and building intensities or
growth-inducing impacts. Infill projects may include
residential, retail, commercial, transit station, school, or
public office building projects located within an urban area.
3)Requires adoption of CEQA guidelines to implement the infill
provisions, including statewide standards to promote smart
growth, reduction of greenhouse gas (GHG) emissions, reduction
in water use, energy efficiency improvements and protection of
public health.
4)Provides that a project's greenhouse gas (GHG) emissions shall
not by itself cause the project to be ineligible for a
categorical exemption from CEQA review if the project complies
with regulations adopted to implement related statewide,
regional, or local plans as provided in the CEQA guidelines.
5)Authorizes referral of a proposed action to adopt or
substantially amend a general plan to an adjacent city or
county to be conducted concurrently with the scoping meeting
required by CEQA for a project of statewide, regional or
area-wide significance, and authorize the city or county to
submit its comments on the proposed general plan action at the
CEQA scoping meeting.
6)Permits specified solar thermal powerplant projects recently
certified by the California Energy Commission to convert the
project to solar photovoltaic technology without filing an
entirely new application for certification
EXISTING LAW :
1)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 (CEQA
includes various statutory exemptions, as well as categorical
exemptions in the CEQA guidelines).
2)Requires the Office of Planning and Research and the Natural
SB 226
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Resources Agency to prepare, adopt and periodically update
CEQA guidelines, including identifying classes of projects
determined to have no significant effect on the environment
and therefore eligible for a categorical exemption, as well as
guidelines for the mitigation of GHG emissions.
3)Exempts from CEQA specified residential housing projects which
meet criteria established to ensure the project does not have
a significant effect on the environment, including urban
infill housing projects not more than 100 units on a site not
more than four acres in size which is within one-half mile of
a major transit stop. (SB 1925 (Sher), Chapter 1039, Statutes
of 2002)
4)Requires metropolitan planning organizations (MPOs) to include
a sustainable communities strategy (SCS), as defined, in their
regional transportation plans, or an alternative planning
strategy (APS), for the purpose of reducing GHG emissions,
aligns planning for transportation and housing, and creates
specified incentives for the implementation of the strategies,
including CEQA exemption or abbreviated review for residential
or mixed-use residential "transit priority projects" if the
project is consistent with the use designation, density,
building intensity, and applicable policies specified for the
project area in either an approved SCS or APS. (SB 375
(Steinberg), Chapter 728, Statutes of 2008)
5)Requires a lead agency to call at least one scoping meeting
for a proposed project of statewide, regional, or area-wide
significance. Notice of at least one scoping meeting must be
provided to certain entities, including a county or city
bordering a county or city within which the project is
located. Requires a planning agency to refer a proposed
action to adopt or substantially amend a general plan to
certain entities for comment, including a city or county
within or abutting the area covered by the proposal, prior to
legislative body's action on that general plan.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Potential costs in 2011-12 to Office of Planning and Research
(OPR) to develop CEQA guidelines and to the Secretary to
certify and adopt them. If the work of OPR is part of the
normal CEQA guideline development process then costs will be
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minor and absorbable. If, however, the work happens outside
of the normal CEQA guideline development process then OPR will
face one-time costs of as much as $150,000, equivalent to one
staff member. (General Fund or special funds.)
2)Minor, absorbable costs the Energy Commission to review
amendments to qualifying applications for solar thermal
powerplants. (Special fund.)
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.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0002874