Global Climate Law Blog : Global Climate Law Blog : Published by Howrey Law Firm : Climate Attorneys and Environmental Lawyers

In her April 13, 2009 letter to Mike Chrisman, Secretary of National Resources, OPR Director, Cynthia Bryant described the proposed amendments as “relatively modest changes” to the CEQA Guidelines reflecting a “incremental approach” to change. The proposed amendments recommend changes to or additions of fourteen sections of the existing CEQA Guidelines, as well as updates to Appendices F (Energy Conservation) and G (Environmental Checklist Form).

The proposed CEQA amendments include new section 15064.4 designed to assist lead agencies in determining the significance of the impacts of greenhouse gas emissions. Section 15064.4 encourages lead agencies to quantify the greenhouse gas emissions of proposed projects where possible. Additionally, proposed section 15064.4 recommends lead agencies consider several other qualitative factors in determining significance. These factors include: (1) the extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting; (2) whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project; and (3) the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions.

Regarding thresholds of significance, section 15064.7 includes proposed new subsection (c), which is intended to clarify that in developing thresholds of significance, a lead agency may look to thresholds developed by other agencies, including the California Air Resources Board’s recommended CEQA Thresholds, or suggested by other experts, such as the California Air Pollution Control Officers Association, so long as the threshold is supported by substantial evidence.

A new subdivision (c) was added to Section 15126.4 to assist lead agencies in determining methods to mitigate greenhouse gas emissions. Because the impacts of greenhouse gas emissions are cumulative in nature, this new subdivision also emphasizes compliance with a plan among the list of potential mitigation measures in order to highlight the advantages of programmatic planning. Additionally, several proposed amendments identify plans that may provide some level of analysis of greenhouse gas emissions and suggest how those plans may be used in later CEQA analyses. These proposals are reflected in sections 15064(h)(3) (determining the significance of cumulative impacts); 15125 (environmental setting); 15130(b)(1)(B)(using a summary of projections in a cumulative impact analysis); 15150 (incorporation by reference); 15152 (tiering); and 15183 (projects consistent with community plan or zoning).

The Proposed Amendments to the CEQA Guidelines essentially formalize the recommendations presented by OPR Director Cynthia Bryant in April 2008, which included the following directives to lead agencies when assessing greenhouse gas emissions: (1) there is no standardized method, instead many possible approaches, but the approach is based on cumulative impact; (2) lead agencies are to estimate, model and calculate emissions, assess impact, and then mitigate where feasible; (3) the standard requires that lead agencies show their work and support their conclusions with substantial evidence; (4) they are encouraged to utilize the CEQA tiering provisions and to adopt programmatic mitigation strategies and prepare programmatic EIRS; and finally (5) lead agencies are to consider adopting a greenhouse gas reduction plan or policy.