BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 250|
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THIRD READING
Bill No: SB 250
Author: Rubio (D)
Amended: 4/25/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 5/2/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SUBJECT : California Environmental Quality Act
SOURCE : Author
DIGEST : This bill clarifies that the Office of Planning
and Researchs review of each request to add or delete a
class of exempt projects under the California Environmental
Quality Act (CEQA) be in accordance with Public Resources
Code Section 21083 and 21084 and changes the reference from
the Resources Agency to the Natural Resources Agency.
ANALYSIS :
Existing law, under CEQA:
1. Requires the Office of Planning and Research (OPR) to
prepare and develop proposed guidelines to implement
CEQA, and submit them to the Secretary of the Resources
Agency for certification and adoption. OPR must review
the guidelines at least every two years and recommend
changes or amendments to the Secretary for certification
CONTINUED
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and adoption. (Public Resources Code �PRC] Section
21083)
2. Requires CEQA guidelines to include a list of projects
determined to not have a significant effect on the
environment and be exempt from the Act (i.e.,
categorical exemptions). In adopting the guidelines the
Secretary must make a finding that the listed classes do
not have a significant effect on the environment.
Certain projects cannot be exempt pursuant to this
provision (e.g., historic buildings, projects on sites
listed as containing certain hazardous wastes �Cortese
list]). (PRC Section 21084)
3. Authorizes a public agency to request the addition or
deletion of a class of projects designated exempt under
CEQA guidelines (#2 above), which must be made in
writing to OPR and include the agency's position that
the class of projects does, or does not, have a
significant effect on the environment. OPR must review
each request and submit its request to the Secretary.
Following the recommendation, the Secretary may add or
delete the class of projects, and the amendment must be
adopted in accordance with PRC Sections 21083 and 21084
(#1 and #2 above).
This bill:
1. Clarifies that OPR's review of each request to add or
delete a class of exempt projects under CEQA, and
submittal of the request to the Secretary, must also be
in accordance with PRC Section 21083 and 21084.
2. Changes references from the "Resources Agency" to the
"Natural Resources Agency."
Comments
Purpose of the bill . CEQA contains provisions relating to
preparation and revision of the CEQA guidelines (PRC
Section 21083), and adding exemptions to the CEQA
guidelines (PRC 21084).
CEQA also authorizes a public agency to request adding or
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deleting such a categorical exemption to the CEQA
guidelines. A guidelines amendment regarding such a
request must be adopted in accordance with PRC Section
21083 and 21084. SB 686 (DeSaulnier), 2009-10 Session,
clarified that OPR's review and recommendation of such a
request must similarly be in accordance with those two
provisions.
SB 686 also appropriately referenced the Natural Resources
Agency, rather than the Resources Agency.
Background
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 environmental impact report (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.
Prior legislation . This bill contains the same language as
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SB 686 (DeSaulnier), 2009-10 Session, which was approved by
the Senate (36-0) and subsequently amended in the Assembly
Natural Resources Committee on July 1, 2011, to address
another issue and held in that committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/3/11)
Kern County Board of Supervisors
DLW:mw 5/5/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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