HomeMy WebLinkAboutMINUTES - 04141992 - 1.35 1 . 35
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TO: BOARD OF SUPERVISORS
� -• Costa
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT 7''� < "� County
DATE: April 14 , 1992
SUBJECT: ASSEMBLY BILL 3120 (Polanco) and SENATE BILL 1890 (Maddy)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPPOSE Assembly Bill 3120 (Polanco) which exempts from
the California Environmental Quality Act projects which are
undertaken to comply with requirements of the State Air
Resources Board or the Environmental Protection Agency under
the Clean Air Act.
2 . OPPOSE Senate Bill 1890 (Maddy) which exempts from the
California Environmental Quality Act "clean fuels projects"
and prohibits the requirement of emission offsets for . .
emission increases.
FINANCIAL IMPACT: None.
BACKGROUND:
The State Air Resources Board and the Environmental Protection
Agency have adopted regulations which will result in major
modifications to oil refineries located within our county.
Assembly Bill 3120 and Senate Bill 1890 provide that these projects
would be exempt from the requirements of the California
Environmental Quality Act, and make other related provisions for
the processing and review of applications for "clean fuels
projects. "
CONTINUED ON ATTACHMENT: X YES SIGNAE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM A ON OF ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : yC�
ACTION OF BOARD ON !� _ APPROVED AS RECOMMENDED >< OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED 42&de.Z /!g / 9 ?aZ
cc: Director, GMEDA PHIL BA CHELOR, CLERK OF
CAO: . C. Van Marter THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
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A. Assembly Bill 3120 (Polancoj__�_
Existing law requires state and local agencies to prepare an
environmental impact report on any project which may have a
significant effect on the environment. This bill would exempt
from CEQA the issuance of a permit or approval for certain
projects which are proposed for compliance of the facility or
any of its products with any requirement of the State Air
Resources Board (pursuant to Division 26 of the Health and
Safety Code) or the Environmental Protection Agency under the
federal Clean Air Act if the project meets all of the
following conditions:
1. The project will not increase the maximum capacity of
the facility;
2 . The project will comply with all applicable state,
federal and local air quality laws and regulations.
3 . The project is contiguous to existing structures.
In lieu of preparing an environmental impact report or a negative
declaration of environmental significance, the lead agency would
prepare a summary environmental review.
B. Senate Bill 1820 (Maddy) :
Senate Bill 1890, as amended March 26, 1992 provides the
following for projects which fall within the definition of a
"clean fuels project":
1 . Exempts the project from compliance with the California
Environmental Quality Act.
2 . Prohibits the requirement of emission offsets for any net
emission increase after the application of Best Available
Control Technology.
3 . Requires air districts to coordinate and expedite all
permits required for clean fuel projects.
REASONS FOR RECOMMENDATIONS:
1. The statewide environmental benefits of clean fuel projects do
not eliminate the importance of identifying significant
impacts to the environment in our local area and mitigating
those impacts. These bills would exempt clean fuel projects
from that process.
2 . Although the clean fuel projects may result in improved air
quality statewide, emissions may increase locally. Senate
Bill 1890 would prohibit the requirement of emission offsets
for clean fuel projects thereby reducing local air quality.
3 . The California Environmental Quality Act (CEQA) provides for
the preparation of environmental impact reports which provide
the public with detailed information regarding a proposed
project, the associated environmental impacts and the proposed
mitigation. CEQA also provides additional opportunities for
public input on proposed projects. These bills would exempt
clean fuel projects from these requirements. Thus, the public
and permitting agencies would not be provided with detailed
information on environmental impacts, and the public would not
be afforded the additional opportunities for comment
provided by CEQA.
4 . CEQA provides for the adoption of feasible mitigation for
significant effects . These bills would exempt clean fuels
projects from this process .