BILL NUMBER: SB 97	CHAPTERED
	BILL TEXT

	CHAPTER  185
	FILED WITH SECRETARY OF STATE  AUGUST 24, 2007
	APPROVED BY GOVERNOR  AUGUST 24, 2007
	PASSED THE SENATE  AUGUST 21, 2007
	PASSED THE ASSEMBLY  AUGUST 21, 2007
	AMENDED IN ASSEMBLY  AUGUST 21, 2007
	AMENDED IN ASSEMBLY  JULY 16, 2007

INTRODUCED BY   Senator Dutton

                        JANUARY 17, 2007

   An act to add Section 21083.05 to, and to add and repeal Section
21097 of, the Public Resources Code, relating to the California
Environmental Quality Act.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 97, Dutton. CEQA: greenhouse gas emissions.
   The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA requires the Office of Planning and Research (OPR) to prepare
and develop proposed guidelines for the implementation of CEQA by
public agencies.
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases
that cause global warming in order to reduce emissions of greenhouse
gases.
   The bill would require the OPR, by July 1, 2009, to prepare,
develop, and transmit to the Resources Agency guidelines for the
feasible mitigation of greenhouse gas emissions or the effects of
greenhouse gas emissions, as required by CEQA, including, but not
limited to, effects associated with transportation or energy
consumption. The Resources Agency would be required to certify and
adopt those guidelines by January 1, 2010. The OPR would be required
to periodically update the guidelines to incorporate new information
or criteria established by the State Air Resources Board pursuant to
the California Global Warming Solutions Act of 2006.
   This bill would provide that in an environmental impact report,
negative declaration, mitigated negative declaration, or other
document required by CEQA for either transportation projects funded
under the Highway Safety, Traffic Reduction, Air Quality and Port
Security Bond Act of 2006, or projects funded under the Disaster
Preparedness and Flood Prevention Bond Act of 2006, the failure to
analyze adequately the effects of greenhouse gas emissions otherwise
required to be reduced pursuant to regulations adopted under the
Global Warming Solutions Act of 2006 does not create a cause of
action for a violation of CEQA. The bill would provide that this
provision shall apply retroactively for any of the above documents
that are not final and shall be repealed on January 1, 2010.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21083.05 is added to the Public Resources Code,
to read:
   21083.05.  (a) On or before July 1, 2009, the Office of Planning
and Research shall prepare, develop, and transmit to the Resources
Agency guidelines for the mitigation of greenhouse gas emissions or
the effects of greenhouse gas emissions as required by this division,
including, but not limited to, effects associated with
transportation or energy consumption.
   (b) On or before January 1, 2010, the Resources Agency shall
certify and adopt guidelines prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).
   (c) The Office of Planning and Research and the Resources Agency
shall periodically update the guidelines to incorporate new
information or criteria established by the State Air Resources Board
pursuant to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code.
  SEC. 2.  Section 21097 is added to the Public Resources Code, to
read:
   21097.  (a) The failure to analyze adequately the effects of
greenhouse gas emissions otherwise required to be reduced pursuant to
regulations adopted by the State Air Resources Board under Division
25.5 (commencing with Section 38500) of the Health and Safety Code in
an environmental impact report, negative declaration, mitigated
negative declaration, or other document required pursuant to this
division for either a transportation project funded under the Highway
Safety, Traffic Reduction, Air Quality, and Port Security Bond Act
of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division
1 of Title 2 of the Government Code), or a project funded under the
Disaster Preparedness and Flood Prevention Bond Act of 2006 (Chapter
1.699 (commencing with Section 5096.800) of Division 5), does not
create a cause of action for a violation of this division.
   (b) Nothing in this section shall be construed as a limitation to
comply with any other requirement of this division or any other
provision of law.
   (c) This section shall apply retroactively to an environmental
impact report, negative declaration, mitigated negative declaration,
or other document required pursuant to this division that has not
become final.
   (d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.