California Environmental Quality Act
That's Cool!
On March 20th, 2009, the Novato Charter School in Novato, CA became the state's first school to get approval from the Division of the State Architect (DSA) for its "peel-and-stick" solar panels. With the thickness of a piece of cardboard, the solar photovoltaic flat panel laminated collectors were easily installed on portable classroom building roofs. By offsetting the school's annual electrical use by 78%, the panels will be paid off in 11 years and will provide 1.26 million pounds of carbon offsets during its 30-year life cycle. The project approval for the Novato Charter School will pave the way for the streamlining of similar projects throughout the state, reducing what was a 6 month process down to 6 weeks, bringing California one step closer to a sustainable future.
There are many more innovative strategies that local jurisdictions, companies and organizations have adopted to help combat global warming, so stay tuned for periodic updates!
The California Environmental Quality Act (CEQA), signed into law by Governor Reagan in 1970, requires that state and local agencies disclose and evaluate the significant environmental impacts of proposed projects, and adopt all feasible measures to mitigate those impacts. This includes cumulatively significant impacts such as increased greenhouse gas emissions. A copy of every complaint filed under CEQA must be provided to the Attorney General.
The California Attorney General has filed numerous comment letters with agencies whose analysis under CEQA failed to properly analyze or mitigate a project's potential significant environmental impacts. In one instance, after sending a comment letter, the Attorney General sued San Bernardino County based on its failure to analyze increased greenhouse gas emissions that would result from the county’s proposed general plan amendment. See a copy of the complaint.
[PDF 2.5 mb / 15 pg] That case resulted in a settlement agreement
[PDF 354 kb / 66 pg] in which the county agreed to adopt a Greenhouse Gas Emissions Reduction Plan. In other instances, the Attorney General has reached agreements with local agencies and private entities without having to file litigation:
- In September 2007, ConocoPhillips agreed to mitigate the increased greenhouse gas emissions from the company's planned refinery expansion in Rodeo (Contra Costa County). See the settlement agreement.
[PDF 364 kb / 6 pg] In the settlement, Conoco agreed to fund a greenhouse gas reduction grant program to be administered by the Bay Area Air Quality Management District, pursuant to a Memorandum of Understanding between the Attorney General's Office and the Bay Area Quality Control District. Read the Memorandum of Understanding.
[PDF 2.8 mb / 13 pg] - In December 2007, the Attorney General reached an agreement with the Port of Los Angeles under which the port will conduct a comprehensive inventory of port-related greenhouse gases—tracking these emissions from their foreign sources to domestic distribution points throughout the United States. See the agreement and attachments.
[PDF 51 kb / 10 pg] - In March 2008, the Attorney General and Great Valley Ethanol entered into an agreement that requires the company to mitigate greenhouse gas emissions resulting from a corn-based ethanol plant that it plans to build in Hanford. Read the agreement.
[PDF 5.7 mb / 10 pg] - In May 2008, the San Diego Airport Authority agreed to undertake a variety of innovative measures to reduce emissions of greenhouse gases and other pollutants at Lindbergh Field as part of its near-term and long-term development plans. Read the agreement.
[PDF 633 kb / 16 pg] - In August 2008, Cilion agreed to mitigate a portion of the approximately 180,000 tons of greenhouse gas emissions emitted annually from its proposed 55 million gallon per year corn ethanol production plant in Kern County. Read the agreement.
[PDF 2.49 mb / 5 pg] - In September, 2008, the Attorney General reached a settlement agreement with the City of Stockton and the Sierra Club under which the city will adopt a Climate Action Plan designed to reduce sprawl and increase infill development, promote public transit and encourage more energy-efficient buildings. Read the agreement.
[PDF 95 kb / 16 pg]
As part of our efforts to work with agencies as they confront the challenge of addressing global warming in their CEQA documents, we have prepared a Fact Sheet listing various mitigation measures
[PDF 267 kb / 22 pg] that local agencies may consider to offset or reduce global warming impacts. We also have prepared a Chart of Modeling Tools to Estimate Climate Change Emissions Impacts of Projects/Plans.
There is a growing recognition of the importance of addressing climate change at the programmatic level. For local governments, general plan updates provide many opportunities, including the possibility of CEQA streamlining and new funding. See CEQA, Global Warming and General Plans.
In April 2008, the Attorney General filed an amicus curiae brief in the California Supreme Court, supporting the South Coast Air Quality Management District in a case it has brought against the California Public Utilities Commission (CPUC), challenging a decision by the CPUC to allow the importation and use of very hot-burning liquid natural gas (LNG) in California. The CPUC claims that its decision to allow the use of LNG did not trigger its obligation under CEQA to consider the potential environmental impacts of its decision. But in the South Coast District's expert opinion, the hot-burning LNG will cause greater air pollution. The CPUC therefore was required to do an EIR before approving its use. Read a copy of the brief.
[PDF 185 kb / 50 pg]
