1. CEQA 2010: Updates, Issues & Trends June 9, 2010 Ron Bass Senior Regulatory Specialist ICF International Margaret Sohagi President The Sohagi Law Group Jonathan Riker Environmental Counsel ICF International
3. CEQA Scoreboard 2009-2010Case Law Appellate Courts 2009 - 21 Published CEQA decisions 2010 - 11 Published CEQA decisions California Supreme Court 4 decisions Stockton Citizens for Sensible Planning v. City of Stockton Communities for a Better Environment v. South Coast AQMD Committee for Green Foothills v. Santa Clara County Board of Supervisors Sunset Skyranch Pilots Association v. County of Sacramento 1 case on review Plastic Bag Coalition v. City of Manhattan Beach
6. CEQA Scoreboard 2008Legislative and Regulatory CEQA Legislation (2009) – (effective January 2010) 3 CEQA bills signed into law. 6 non-CEQA bills which created new Exemptions. No major bills in 2009. OPR CEQA Guidelines amendments addressing greenhouse gas emission under CEQA.
8. 2009 Legislation 3 CEQA bills signed into law 6 “non-CEQA” bills created new CEQA exemptions
9. 2009 Legislation (Cont.) 3 Legislative Bills Passed in 2009 Change the Text of CEQA AB 1318 (Perez) “SCAQMD: Emission Reduction Credits” SB 605 (Ashburn) “CEQA: Biogas Pipelines” ABX2 8 (Nestande) “State Government”
10. AB 1318 (Perez) “SCAQMD: Emission Reduction Credit” (Public Resources Code section 21080(b)(16).) Creates a new statutory CEQA exemption for selection, credit, and transfer of emission credits by the South Coast Air Quality Management District (SCAQMD) pursuant to Section 40440.14 of the Health and Safety Code. Expires January 1, 2012, unless extended.
11. SB 605 (Ashburn) “CEQA: Biogas Pipelines” (Public Resources Code section 21080.23.5.) Adds biogas pipelines to the current statutory CEQA exemption for inspection, repair, removal, or similar work of pipelines shorter than 8 miles. Limited to Fresno, Kern, Kings, and Tulare Counties. Defines “Biogas” as natural gas derived from anaerobic digestion of dairy animal waste that meets the compressed natural gas specifications in Cal. Code Regs., tit. 13, § 2292.5 Expires January 1, 2013, unless extended. Provides means of moving biogas from dairies that have been installing methane digesters for manure management.
12. ABX2 8 (Nestande)“State Government”(Public Resources Code section 21080.42.) Exempts specified transportation projects from CEQA. Creates an ad hoc critical infrastructure permit review panel to convene agencies with jurisdiction over those projects to coordinate their actions on permits. Does not exempt the projects if, on or after February 1, 2009, the lead agency changes the scope of the enumerated projects from the manner in which they are described in the bill.
14. Other Legislation Creating Exemptions From CEQA Several other bills create exemptions to CEQA outside of the text of CEQA ABX2 8 (Nestande) certain surplus real estate transactions ABX4 22 (Evans) certain transactions involving Orange County Fair SB 89 (Committee on Budget and Fiscal Review) certain tribal issues AB 798 (Nava) certain bonds for toll roads SBX7 7 (Steinberg) certain plans prepared and adopted for water conservation ABX3 81 (Hall) L.A. Stadium in the City of Industry
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