CEQA exemption or expansion?

By CMTA Staff

Capitol Update, July 18, 2008 Share this on FacebookTweet thisEmail this to a friend

AB 2988 (Mike Feuer, D-Los Angeles), would exclude a contract for renewable energy entered into by a public agency from review under the California Environmental Quality Act (CEQA).  Energy contracts, per se, renewable or not, are not subject to CEQA.  CEQA compliance and permitting is only required when facilities are sited and prior to construction.

Since AB 2988 would specifically exempt certain contracts entered into by a public agency, it might be implied that other contracts that are not narrowly exempted, pursuant to this bill, would be subject to CEQA.  Those contracts not specifically exempted by this legislation would become a target for litigation.  Enacting such unnecessary legislation could establish a new basis for energy project opponents to try to delay or derail a project that is not specifically exempted by this legislation.

This bill would  decrease the number of new renewable energy projects at a time when supply is critical.  CMTA is opposed.

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