ESP 179 quiz 2 Flashcards
What are the ongoing tensions over CEQA?
Business groups want simpler processes, environemntal groups want stricter processes, CEQA can be a waste of resources, some use CEQA for personal objectives.
What is the Senate Bill 886?
Passed; it would exempt public universities from CEQA for student housing if built on university-owned property
What is SB 922?
Senate bill on transit and sustainable transportation that expedited bike, pedestrian and rapid bus projects, allowing for the removal of some requirements.
What major reform bill would’ve helped with climate change, green house gas emissions, and would create way more thresholds?
SB 731
What are the two types of exemptions for CEQA?
Categorical (small project), and statutory (legislative exemption regardless of impacts).
What are DIY exemptions?
Citizens can make laws by voting (direct democracy) or citizens can write a statute and get petition signatures (citizen initiative).
What happens if a city receives a citizen initiative?
The city typically does a public vote and if passed no CEQA.
What’s the Tuolumne case (2014)
Tuolumne vs. the superior court of Tuolumne county; A Walmart was proposed in Sonora and a citizen initiative was submitted, but council approved the initiative prior to vote and supreme court ruled in favor of walmart.
Explain the Tuolumne tactic?
A developer wants city council to approve a project, so they get a member to propose the project as an initiative and get it approved.
What is mitigation?
Defined as avoiding, minimizing, rectifying, reducing over time, or compensating impacts in a project.
When do we mitigate?
Mitigation measures must be in MND or EIR and no later time.
Mitigation must be-
Feasible (capable of being accomplished)
What are the constitutional limits of mitigation?
Essential Nexus principle: permit condition MUST be related to impact and cannot give mitigation for something that isn’t directly related.
Rough Proportionality principle: Cannot require mitigation that is disproportionate in magnitude to the impact.
What does an effective mitigation measure require?
Describe specific actions: what, by whom, when
Uses commitment verbs (no maybes)
Identifies performance measures
What is the mitigation monitoring or reporting program (MMRP)?
MMRP = public agency adopts MMRP to ensure compliance during project implementation (permits, agreements, etc.) and is required for EIR and MND.
What act from 1970 regulates emissions from hazardous air pollutants, regulates acid rain, ozone depletion, and prevents deterioration?
The Clean Air Act; EPA enforces this and established the national ambient air quality standards (NAAQS)
What are the 6 criteria air pollutants?
Ozone, particulate matter, sulfur dioxide, lead, carbon monoxide, and nitrogen dioxide.
What are non-attainment areas?
Areas that do not meet ambient air quality standards for one or more criteria air pollutants.
How does ozone affect us?
AKA smog, it irritates our respiratory, chronic lung disease, and asthma, BUT is not directly emitted. Created through mixtures of NOx and VOCs.
What is ozone depletion?
= the depletion of the earth’s protective layer, allows for UV rays to enter the atmosphere
What is particulate matter?
A mix of small particles and liquid droplets that can pass through lung membranes and into the blood stream.
What are some of the tailpipe emission control standards?
Hydrocarbons, oxides of nitrogen, catalytic converters, zero-emission vehicle regulation, clean car programs
On the air quality standards what does it mean to have a lower number?
It means there are tighter restrictions or controls over the air pollutant.
What does the California air and resource board (CARB) do?
They set CAAQS and prepare state implementation plans.