Steinberg’s CEQA
Modernization Bill Gains Bipartisan Support from Senate Committee
May 01, 2013
Senate
Environmental Quality Committee Approves SB 731
(Sacramento) –
With bipartisan approval, the Senate Environmental Quality Committee has passed
Senate President pro Tempore Darrell Steinberg’s measure for modernization of
the California Environmental Quality Act (CEQA), SB 731. The vote followed
testimony by a long list of supporters representing California business,
environmental and labor groups.
“I think this shows that CEQA reform is alive and well. We’re
moving forward and we’re going to get this job done in a smart way, updating
this 42-year-old statute to bring real incentives to streamline the very clean
and green projects we want to see done,” said Steinberg (D-Sacramento). “We can
promote infill development, and set standards for elements like traffic, noise
and aesthetics to limit them from CEQA litigation and bring more certainty to
the process.”
Those testifying in support of SB 731 included the California
Chamber of Commerce, the Infill Builders Association, the California Building
Industry Association, the League of California Cities, Business Roundtable, the
California League of Conservation Voters, the Natural Resources Defense
Council, the State Building and Construction Trades Council, the International
Brotherhood of Electrical Workers, and the International Union of Operating
Engineers.
“It’s noteworthy that organizations usually at great odds with
each other on these issues are all coming forward to say that while there’s
more work to be done, they want to engage in the process and are willing to
work with the elements of this measure,” said Steinberg. “Through months of
discussion and give-and-take, we have set the table for the parameters of
negotiation and debate, and I think we’ve set it effectively.“
SB 731 achieves the following:
1.
Statewide standardized environmental thresholds for the
environmental impacts of traffic and noise for infill projects. Projects meeting these thresholds would not
be subject to lawsuits for those impacts under CEQA and would not be required
to do more for those thresholds in environmental documents unless required by a
local government. Also excludes project aesthetics from CEQA consideration.
These aspects of a project impacts are currently common elements for CEQA litigation and typically are most complicated for lead agencies and project proponents to analyze and mitigate.
These aspects of a project impacts are currently common elements for CEQA litigation and typically are most complicated for lead agencies and project proponents to analyze and mitigate.
2.
Better state-level planning to reduce CEQA legal challenges and
incentivize smart planning by amending the Government Code Specific Plan section to
exclude unsubstantiated opinion for “new information” that would trigger
additional revisions to the Environmental Impact Review. Also appropriates $30
million for SB 375 (of 2010) planning grants based on competitive process.
This expands the current CEQA exemption for specific planning so that projects undertaken pursuant to that local plan and EIR are not subject to further review or CEQA lawsuits. Further, local governments typically prioritize investment in smart growth plans.
This expands the current CEQA exemption for specific planning so that projects undertaken pursuant to that local plan and EIR are not subject to further review or CEQA lawsuits. Further, local governments typically prioritize investment in smart growth plans.
3.
CEQA streamlining for clean energy projects and formalizes a Renewable Energy
Ombudsman position to expedite renewable siting.
This would cut red tape on large renewable energy projects and establish a position in the Office of the Governor to champion renewable energy projects within the State Government.
This would cut red tape on large renewable energy projects and establish a position in the Office of the Governor to champion renewable energy projects within the State Government.
4.
CEQA lawsuit reforms to speed up disposition of legal challenges. Specifically:
·
Allows the lead agency
to comply with notices and findings on EIR’s through the Internet;
·
Allows the 30-day
statute of limitations to bring actions under CEQA to be tolled by mutual
agreement of parties in order to facilitate settlements;
·
Authorizes project
proponents to request and pay for concurrent internet-based preparation of the
administrative record for all projects to reduce litigation delays, saving
months if not a year off project delays;
·
Allows courts to issue
partial remands of environmental documents to reduce
re-notice/recirculation/litigation delays where lead agencies have been found
to be in violation of the law;
·
Directs the Attorney
General to track lawsuits and report to the Legislature in order to provide
lawmakers and the public with accurate information on whether or not CEQA is
being abused by vexatious litigants.
SB 731 will now be sent to the Senate Appropriations Committee
for fiscal review.
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