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Thursday, August 23rd, 2012
Plan to Repeal CEQA! - California State Leaders Prepare for Last-Minute Votes

 

L.A. Neighbors United reports: "Environmental leaders across the state were shocked this afternoon to learn that a last-minute bill supposedly intended to "reform CEQA" would essentially repeal California's landmark environmental law, the California Environmental Quality Act.

The Assembly could vote on the bill as early as tonight, followed by the State Senate.

It was expected that the bill would streamline CEQA review and perhaps narrow the circumstances under which legal action could be taken, but the actual bill goes much further and essentially repeals CEQA.

In Los Angeles, as an example, environmental impact reports under CEQA no longer would be necessary for community plan updates, nonconforming development projects or transit projects including rail lines. Local agencies would merely have to explain whether any OTHER laws (local, state or federal) apply to proposed projects, and assert that proposed projects are consistent with other approved plans, programs and laws, such as California's Sustainable Communities Strategy or the state's greenhouse gas law.

In other words: No longer would any serious state environmental review be required under CEQA; No longer would mitigation of substantial negative impacts be required; and No longer would legal action against local agencies be permitted. CEQA would exist in name only.

In another example, which is extreme but illustrative, CEQA standards as they are known today no longer would apply in the case of a nuclear power plant. Other applicable state and federal laws would remain, but not CEQA. The proposed legislation makes no distinction between an infill development project in an urbanized area and a nuclear power plant. CEQA would be gutted for all project types across the board.

"The California we've known and loved is going to take a big hit if this legislation passes," says Cary Brazeman, founder of LA Neighbors United, a Los Angeles community group. "Environmental social justice will be set back. The community will be shut out of the process of evaluating the impacts of project planning decisions. This legislation is for the 1%, not the 99% of Californians who call our great state home."

The full text of the proposed legislation, SB 317, is posted on the LA Neighbors United website under "Latest News." (see pages 9-10 of the PDF)

At this hour (early evening on Wednesday), state environmental leaders are urging citizens to contact members of the State Senate. The House is perceived to be more likely to approve the legislation. There is hope that the State Senate will see this legislation for what it is and deny it."

CEQA Attorney, Frank Angel reports:
"I've been following this, and according to many CEQA cognoscenti, this gut-and-amend bill is the end of CEQA as we know it. Under proposed section 21203 (a)(1), if a project's environmental document shows it complies with any environmental law, it's immune from a CEQA challenge. 

Check if your senator or assembly person is among the CEQA support letter signatories. If not, it is urgent he/she needs to hear from his/her constituents. Speaker Perez especially."

Click here to locate your state senators:   http://senate.ca.gov/senators
 Click here to locate your local assemblymembers:
http://assembly.ca.gov/assemblymembers 
 

 



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CEQA Threatened!

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Sincerely,
 
Fran Reichenbach
Beachwood Canyon Neighborhood Association
info@beachwoodcanyon.org
323-462-BCNA (2262)