Future of CEQAOnline Forum

October 2, 2012

• Founded in 1977

• Mission: “To provide statewide leadership, advocacy and education to ensure the protection of California's diverse cultural heritage and historic places.”

• Advocacy Committee• Advocacy Task Force• Heritage Network

• Membership• Benefits include: quarterly newsletter, special member-only tours, discounts on

registration to events, webinars, and workshops

Contact Us:www.californiapreservation.orgcpf@californiapreservation.org

The Future of CEQA?

Presented by: Bruce Reznik

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About Us

• Mission: PCL/PCLF work to connect the power of grassroots organizations to state government to promote policies that protect our environment and improve the quality of life for all Californians.

• Founded: PCL - 1965; PCLF – 1972• Strategies: PCL – Legislative [501(c)4];

PCLF – Research, Education, Outreach [501(c)3]

• Role: CEQA; Coastal Act; Propositions (50, 40, 12); Water and Land Use policy

CEQA Background and Overview• Passed and signed into law by Governor Reagan in

1970• Compels government first to identify and disclose the

environmental effects of projects, and then to mitigate those adverse effects through feasible mitigation measures or alternatives

• Includes assessment of foreseeable indirect and cumulative effects

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Potential Environmental Impacts• Aesthetics• Agricultural

Resources• Air Quality• Biological Resources• Cultural Resources• Geology/Soils• Hazards & Hazardous

Materials• Hydrology/Water

Quality • Land Use/Planning

• Mineral Resources• Noise• Population/Housing• Public Services• Recreation• Transportation/Traffic• Utilities/Service

Systems• Mandatory Findings

of Significance

Aims of CEQA

• Informed Decision-Making• Public Empowerment• Minimization/Mitigation of Environmental

Impacts

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My History with CEQA

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Threats to CEQA?

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CEQA Under Attack

• Dozens of bills each session seek to weaken CEQA

• Criticisms include that CEQA: • slows projects, including ‘green’ projects (e.g.,

infill, renewable energy); • kills jobs; • undermines public safety projects; • is used for non-environmental purposes

Weakening Environmental Review• Some recent examples of CEQA exemptions

– SB 375 (Steinberg, 2008) – Exemptions for infill/TOD

– ABX 381 (Hall, 2009) – Exemption for City of Industry Football Stadium

– SB 292 (Padilla, 2011) – Judicial Streamlining for AEG Farmer’s Field Football Stadium in LA

– AB 900 (Buchanan & Gordon, 2011) – Judicial Streamlining for Gov-selected major infrastructure

– SB 226 (Simitian, 2011) - Exemptions for infill/renewable energy

The Current Climate

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Governor Brown

“…CEQA reform is the Lord's work”

“I've never seen a CEQA exemption I didn't like”

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The Legislature

• Few CEQA champions remain– AB 900 – 91-21/SB 226 – 81-23

• Many ‘no’ votes because didn’t go far enough – CEQA reform at “all-time fever pitch”

• SB 317 (Rubio)– Would prevent CEQA lawsuit if project is

compliant with “any” law, plan, or regulation• Rubio Named Head of Senate EQ (CEQA

reform ‘top priority’)14

Problems w/Current Approach

• Setting bad precedent • Critiques often based on misinformation/ lack of

information • Amendments confuses statute • No evidence that amendments achieve desired

results• Constitutionality questions• Ignore all (3) the aims of CEQA

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Bad Precedent

• Gut & amend • Legislation to resolve open litigation• ‘Pay to play’

Re: ABX 381 (City of Industry): “If anybody thinks this is a precedent that allows them to ignore California’s environmental laws, it

isn’t.” -- Senate Pro Tem Steinberg

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Misinformation

• 2005 PPIC Report– Of 30k+ projects reviewed, 90% produced

‘NegDecs’ (only 1,600-1,800 EIRS)– 2/3 of projects with EIRs ultimately approved – One of every 354 CEQA reviews were ever

taken to court (.3%)

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PPIC Conclusion

EIRs were required for ‘large projects, projects that generated significant traffic

problems or threatened open space, projects in communities where growth was

contentious, and projects that seriously threatened air quality of water quality or endangered species habitat – in other

words, for projects that needed EIRs the most’ (emphasis added)

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Confusing CEQA

• Once a simple statute, now cumbersome• Which leads to…

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Achieve Desired Results?

• City of Industry [fill in team name]???• SB 1925: CEQA's "unicorn" - much

discussed, never seen• SB 375/SB 226 – impact remains to be

seen

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Constitutionality

• PCL filed suit contending AB 900 violates the separation of powers between the legislature and courts

• Article VI, Section 10 of the California Constitution: “The Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in…proceedings for extraordinary relief in the nature of mandamus, certiorari, and prohibition.”

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Ignoring Other Aims

• Informed decision-making• Community empowerment

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Threats & Opportunities

A CEQA Call to Action!

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Dual Track

• Mobilize Around CEQA Support• Explore CEQA improvements

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Research

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CEQA Workshops

Build Coalitions

• Environment• Environmental Justice• Public Health• Community• Historic Preservation• Good Governance• Labor• Etc.

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Mobilize Communities

• In District; In the Capitol (at hearings)• Rural and Urban• Every District • 2013 Symposium

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Educate Lawmakers

• 1/3 new legislators • Host workshop

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Dialogue to Improve CEQA

• Diverse stakeholders (with shared vision and values)

• Explore meaningful reforms to improve CEQA– Not reform for the sake of reform– Not reform as euphemism to gut

• Recommendations by January

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What You Can Do to Save CEQA!

• Host/spread the word about CEQA workshops • Provide positive CEQA examples• Provide recommendations for CEQA improvements • Sign up for action alerts to learn about threats to

CEQA, how to stay involved• Tell your legislators to protect CEQA • Join coalition to Save CEQA• Support groups that fight to protect CEQA

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Join the League!

Benefits• Newsletter (California Today)

• Updates on Legislation

• Invitations to Special Events

• Discounted Rates at the Annual Symposium

Membership $35

Visit www.pcl.org for more info

Contact

Bruce Reznik, Executive DirectorPlanning & Conservation League

Email: breznik@pcl.orgPhone: 916-822-5632Website: www.pcl.org

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