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)