AB 40

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides that when an environmental impact report has been prepared for a project, no subsequent or supplemental environmental impact report shall be required by a lead agency or responsible agency, unless specified events occur. This bill would require every public agency with discretionary approval over any portion of a new project, or material expansion of an existing project, with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export to prepare or cause to be prepared an environmental impact report. The bill would require a subsequent or supplemental environmental impact report if there is a change in the type or a substantial change in the quantity of coal handled, stored, or exported or if the environmental impact report is 10 or more years old. The bill would also prohibit a lead agency from certifying an environmental impact report pursuant to these provisions that identifies significant air quality impacts unless the project proponent demonstrates enforceable mitigation measures to reduce fine and coarse pollutants, as specified. Because the bill would create new duties for a public agency, which includes a local agency, and a lead agency, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.