SECTIONS 21159-21159.4 - California Statutes

PUBLIC RESOURCES CODE

SECTION 21159-21159.4

21159. (a) An agency listed in Section 21159.4 shall perform, at
the time of the adoption of a rule or regulation requiring the
installation of pollution control equipment, or a performance
standard or treatment requirement, including a rule or regulation
that requires the installation of pollution control equipment or a
performance standard or treatment requirement pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code), an
environmental analysis of the reasonably foreseeable methods of
compliance. In the preparation of this analysis, the agency may
utilize numerical ranges or averages where specific data is not
available; however, the agency shall not be required to engage in
speculation or conjecture. The environmental analysis shall, at
minimum, include all of the following:
(1) An analysis of the reasonably foreseeable environmental
impacts of the methods of compliance.
(2) An analysis of reasonably foreseeable feasible mitigation
measures.
(3) An analysis of reasonably foreseeable alternative means of
compliance with the rule or regulation.
(4) For a rule or regulation that requires the installation of
pollution control equipment adopted pursuant to the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code), the analysis shall
also include reasonably foreseeable greenhouse gas emission impacts
of compliance with the rule or regulation.
(b) The preparation of an environmental impact report at the time
of adopting a rule or regulation pursuant to this division shall be
deemed to satisfy the requirements of this section.
(c) The environmental analysis shall take into account a
reasonable range of environmental, economic, and technical factors,
population and geographic areas, and specific sites.
(d) This section does not require the agency to conduct a
project-level analysis.
(e) For purposes of this article, the term "performance standard"
includes process or raw material changes or product reformulation.
(f) This section is not intended, and may not be used, to delay
the adoption of any rule or regulation for which an analysis is
required to be performed pursuant to this section.

21159.1. (a) A focused environmental impact report may be utilized
if a project meets all of the following requirements:
(1) The project consists solely of the installation of either of
the following:
(A) Pollution control equipment required by a rule or regulation
of an agency listed in subdivision (a) of Section 21159.4 and other
components necessary to complete the installation of that equipment.
(B) Pollution control equipment and other components necessary to
complete the installation of that equipment that reduces greenhouse
gases required by a rule or regulation of an agency listed in Section
21159.4 pursuant to the California Global Warming Solutions Act of
2006 (Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
(2) The agency certified an environmental impact report on the
rule or regulation or reviewed it pursuant to a certified regulatory
program, and, in either case, the review included an assessment of
growth inducing impacts and cumulative impacts of, and alternatives
to, the project.
(3) The environmental review required by paragraph (2) was
completed within five years of certification of the focused
environmental impact report.
(4) An environmental impact report is not required pursuant to
Section 21166.
(b) The discussion of significant effects on the environment in
the focused environmental impact report shall be limited to
project-specific potentially significant effects on the environment
of the project that were not discussed in the environmental analysis
of the rule or regulation required pursuant to subdivision (a) of
Section 21159. A discussion of growth-inducing impacts or cumulative
impacts shall not be required in the focused environmental impact
report, and the discussion of alternatives shall be limited to a
discussion of alternative means of compliance, if any, with the rule
or regulation.

21159.2. (a) If a project consists solely of compliance with a
performance standard or treatment requirement imposed by an agency
listed in Section 21159.4, the lead agency for the compliance project
shall, to the greatest extent feasible, utilize the environmental
analysis required pursuant to subdivision (a) of Section 21159 in the
preparation of a negative declaration, mitigated negative
declaration, or environmental impact report on the compliance project
or in otherwise fulfilling its responsibilities under this division.
The use of numerical averages or ranges in an environmental analysis
shall not relieve a lead agency of its obligations under this
division to identify and evaluate the environmental effects of a
compliance project.
(b) If the lead agency determines that an environmental impact
report on the compliance project is required, the lead agency shall
prepare an environmental impact report which addresses only the
project-specific issues related to the compliance project or other
issues that were not discussed in sufficient detail in the
environmental analysis to enable the lead agency to fulfill its
responsibilities under Section 21100 or 21151, as applicable. The
mitigation measures imposed by the lead agency for the project shall
relate only to the significant effects on the environment to be
mitigated. The discussion of alternatives shall be limited to a
discussion of alternative means of compliance, if any, with the rule
or regulation.

21159.3. In the preparation of any environmental impact report
pursuant to Section 21159.1 or 21159.2, the following deadlines shall
apply:
(a) A lead agency shall determine whether an environmental impact
report should be prepared within 30 days of its determination that
the application for the project is complete.
(b) If the environmental impact report will be prepared under
contract to the lead agency pursuant to Section 21082.1, the lead
agency shall issue a request for proposals for preparation of the
environmental impact report as soon as it has enough information to
prepare a request for proposals, and in any event, not later than 30
days after the time for response to the notice of preparation has
expired. The contract shall be awarded within 30 days of the response
date for the request for proposals.

21159.4. (a) This article shall apply to all of the following
agencies:
(1) The State Air Resources Board.
(2) A district as defined in Section 39025 of the Health and
Safety Code.
(3) The State Water Resources Control Board.
(4) A California regional water quality control board.
(5) The Department of Toxic Substances Control.
(6) The Department of Resources Recycling and Recovery.
(b) This article shall apply to the State Energy Resources
Conservation and Development Commission and the California Public
Utilities Commission for rules and regulations requiring the
installation of pollution control equipment adopted pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).