By Damien Newton, September 5, 2013
California Forward released this video last November making the case for CEQA reform on transportation issues:
There are nine days left in the legislative session in Sacramento, and there is still no vote scheduled in the Assembly on SB 731, Senator Darrell Steinberg’s efforts to “reform” California’s landmark environmental protection law, the California Environmental Quality Act (CEQA). SB 731 passed the Senate earlier this year.
Followers of the statehouse seem unsure whether the legislation will pass in the last days. Those that believe the effort is doomed point to Steinberg’s recent introduction of legislation that would exempt the construction of a basketball arena in Sacramento from CEQA as proof the Senator doesn’t believe SB 731 will pass. Others note that the Senator is still shopping amendments to 731, something a powerful senior senator wouldn’t do at this stage unless there was a clear endgame.
Further complicating issues, Governor Jerry Brown has hinted he may veto 731 even if it does pass. The governor that once proudly declared he “never met a CEQA exemption he didn’t like,” is worried that if 731 becomes law, stronger legislation won’t pass in future sessions.
So with nine days left for the legislature to make a move, the fate of CEQA reform is unclear. But for environmentalists and other supporters of Livable Streets, the question of whether reform of CEQA is something that should be avoided or applauded remains difficult. Most of the legislation deals with public review and other legal matters. But two significant issues, infill development and the measurement of transportation impacts are major issues to transportation advocates and environmentalists who have been involved in legislative negotiations.
Despite some high-profile examples of CEQA being used to stop or slow environmentally friendly projects, most notably the multi-year delay inflicted on San Francisco’s bike plan, NRDC Senior Attorney David Petit thinks the law “is working well now” but that improvements can be made to encourage more infill development in transit priority zones and encourage greater use of renewable energy.
At the NRDC’s Switchboard, Petit argues that CEQA is a valuable piece of law because it empowers citizens to enforce the law through legal challenges instead of vesting the power in a state agency. Less than 1% of projects that fall under CEQA review are ever brought to court, and most of the time the courts side with the developer over the citizen groups.
While stopping short of saying he supports SB 731, Petit states that portions of NRDC’s position on CEQA reform are included.