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The California Environmental Quality Act and Greenhouse Gas Emissions

The California Environmental Quality Act and Greenhouse Gas Emissions. SB97 and the Proposed Amendments to the State CEQA Guidelines on Analyzing Greenhouse Gas Emissions in CEQA Documents . Policy Background. AB32 and CEQA Comment Letters SB97

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The California Environmental Quality Act and Greenhouse Gas Emissions

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  1. The California Environmental Quality Act and Greenhouse Gas Emissions SB97 and the Proposed Amendments to the State CEQA Guidelines on Analyzing Greenhouse Gas Emissions in CEQA Documents

  2. Policy Background • AB32 and CEQA Comment Letters • SB97 • Analysis of the effects of greenhouse gas emissions • Mitigation of greenhouse gas emissions California Natural Resources Agency

  3. Policy Background • Policy Drivers • Traditional CEQA Rules Apply • Lead Agency Retains Traditional Discretion • GHG Emissions are a Cumulative Problem • GHG Emissions Should be Addressed at a Programmatic Level California Natural Resources Agency

  4. Determining Significance • Quantitative, Qualitative, or Both • Careful judgment, good faith effort • Based on scientific and factual data • “in the context of a particular project” • Increase or Decrease Emissions? • Any Applicable Threshold? • Consistent with an Applicable Plan? New § 15064.4 California Natural Resources Agency

  5. Mitigation • Traditional Rules Still Apply • Feasible, based on substantial evidence, capable of monitoring • Measures identified in a plan or program • Project Design Features • Off-site measures, offsets not otherwise required • Sequestration • Development of Measures to be Implemented on a Project-Specific Basis New § 15126.4 California Natural Resources Agency

  6. Use of Plans • Cumulative Impacts Analysis • Plans or regulations that address the cumulative effect (§ 15064(h)(3)) • Summary of Projections (§ 15130(d)) • Existing Setting (§ 15125) • Incorporation by Reference (§ 15150) California Natural Resources Agency

  7. Tiering and Streamlining • Use Information in an Existing Document • Tiering (§ 15152, PRC § 21093, 21094) • Program EIRs (§ 15168) • Don’t Need to Repeat Analysis • GP (§ 15183, PRC § 21083.3) • Specific Plan (§ 15182, Gov. Gode, § 65457) • Don’t Need to Do Analysis • Transit Priority Projects (PRC § 21155.2) • Mixed Use Projects (PRC § 21159.28) California Natural Resources Agency

  8. Plan for the Reduction of GHGsNew § 15183.5(b) Plan “should” contain at least the following elements: • Quantify GHG emissions within a defined area • Establish a level where GHG emissions are not cumulatively considerable • Identify emissions from Plan activities • Specify measures to achieve the specified emissions level • Monitor progress and amend if necessary; • Adopt in a public process following environmental review California Natural Resources Agency

  9. Adaptation? • Revised Section 15126.2(a): • Similarly, the EIR should evaluate the impacts of locating development in other areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified in authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas. • Subject to limitations on forecasting, speculation California Natural Resources Agency

  10. Amendments to the Appendices • Appendix F • “Shall” analyze energy impacts • “Lifecycle” references removed • Appendix G • Forestry Resources • GHG • Traffic/Transportation California Natural Resources Agency

  11. Next Steps • Effective Date: March 18, 2010 • State CEQA Guidelines § 15007 • Documents already out for public review need not be revised • Agencies must update their own implementation procedures California Natural Resources Agency

  12. References California Climate Change Center http://climatechange.ca.gov/index.php Cool California http://www.coolcalifornia.org/ CAPCOA Model Policies http://www.capcoa.org/modelpolicies/document ICLEI Local Governments http://www.icleiusa.org/programs/tools California Natural Resources Agency California Natural Resources Agency

  13. Contacts and Additional Information • Kirk Miller, Deputy Secretary and Chief Counsel kirk.miller@resources.ca.gov • Heather Baugh, Assistant General Counsel heather.baugh@resources.ca.gov • Ian Peterson, Assistant Planner ian.peterson@resources.ca.gov • Christopher Calfee, Best Best & Krieger LLP Christopher.Calfee@bbklaw.com http://ceres.ca.gov/ceqa/guidelines/ California Natural Resources Agency

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