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CEQA Reform? | November 2011 |
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Greetings!
 With the effects of a deeply entrenched recession still lingering, the development community is more resistant than ever to the expense and delays associated with required compliance with the California Environmental Quality Act (CEQA). The California legislature has responded to these concerns this year with a trio of bills that have all now been signed by Governor Jerry Brown. Next month we'll feature interviews with expert CEQA attorneys to get their views on the implications of the new legislation for future CEQA practice in California. To provide the context for those interviews, today we provide a brief summary of the legislative bills. This is one of our periodic eAlerts that we send out to clients and colleagues to help keep you informed about planning and environmental issues. Please feel free to forward this to any colleagues who might be interested (they can subscribe using the link at the bottom of the email). Also feel free to make suggestions for future articles. And, as always, let us know if we can help move your project forward from concept to reality. Sincerely, Doug Herring, AICP
Archives: Our previous eAlerts are now archived at: DHA eAlerts Archive
Photography by Doug Herring |
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Senate Bill 226
SB 226, authored by Senators Joe Simitian (D-Palo Alto) and Juan Vargas (D-San Diego), was signed into law by the Governor on October 4, 2011. The bill provides that a project's greenhouse gas (GHG) emissions are not, in and of themselves, sufficient for a project to be excluded from a categorical exemption. The project must comply with all applicable regulations and requirements adopted as part of a statewide, regional, or local GHG reduction plan.
SB 226 exempts from CEQA the installation of a solar energy system on the roof of an existing building or at an existing parking lot, subject to certain limitations. The bill also allows public agencies to comment on a proposed adoption of or amendment to a general plan concurrently with a scoping meeting required by CEQA.
Where a prior environmental impact report (EIR) has been certified for a planning level decision, SB 226 allows CEQA review of infill projects meeting certain criteria to be limited to the effects on the environment that are specific to the infill project and that were not addressed in the prior EIR, or that would be more significant than described in the prior EIR. If an EIR is required to address new or more significant impacts, the bill includes provisions limiting the scope of the EIR.
You can download the full text of the bill here: SB 226
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Senate Bill 292
Authored by Senator Alex Padilla (D), SB 292 passed on September 9, 2011 and was signed into law by the Governor on September 27, 2011. It was passed specifically to expedite environmental review of one large development project, the Convention Center Modernization and Farmers Field Project in Los Angeles, which is projected to generate 12,000 full-time construction jobs and 11,000 permanent jobs. The proposal is for a new National Football League (NFL) football stadium and replacement and expansion of the existing Los Angeles Convention Center.
The bill provides for expedited judicial review of the proposed stadium project by directing legal challenges to the CEQA review of the project directly to the Second District Court of Appeal, bypassing the trial courts. It further streamlines the challenge process by: (1) establishing an expedited briefing schedule; (2) requiring the Court of Appeal to decide the challenge within 60 days after the last reply brief is filed; and (3) requiring the California Supreme Court to render a decision on any petition for review within 30 days after filing.
Another notable provision is that, within five days after the close of the public comment period, a party who commented on the draft EIR may request the lead agency and applicant to participate in non-biding mediation, with the costs to be borne by the applicant.
SB 292 also imposes strict mitigation requirements on the Farmers Field project, including:
- The applicant must include measures to reduce GHG emissions to the extent feasible, and must purchase carbon offset credits for any unmitigated emissions to achieve and maintain zero net emissions of GHGs from private automobile trips.
- The applicant must achieve and maintain a trip ratio that is no more than 90 percent of the trip ratio at any other stadium serving a team in the National Football League.
- If the applicant achieves a trip ratio that is more than 90 percent of the trip ratio at the NFL stadium with the lowest trip ratio, the lead agency may require the applicant to provide private charter buses and/or temporarily expand the capacity of the public transit line, as needed, to serve stadium events. The applicant may also be required to pay its fair share of the cost to expand a pubic fixed or light rail station that is used by spectators attending stadium events.
You can download the full text of the bill here: SB 292
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Assembly Bill 900
Also known as the "Jobs and Economic Improvement through Environmental Leadership Act of 2011," AB 900 was sponsored by Assembly members Joan Buchanan (D-Alamo) and Richard Gordon (D-Los Altos). Passed on September 9, 2011, it was signed into law on September 27, 2011.
AB 900 establishes expedited review procedures similar to those established by SB 292 for any project that the Governor certifies as a "leadership project." A leadership project must involve investment of at least $100 million or more and must create high-wage, highly skilled construction and permanent jobs. To qualify, a project must result in no net increase in GHG emissions, and the applicant must agree to implement all mitigation measures identified in the EIR and pay for ongoing mitigation monitoring for the life of the project.
A leadership project can be one of the following:
- An infill residential, retail, commercial, sports, cultural, entertainment, or recreational use project that is certified by the U.S. Green Building Council as a as Leadership in Energy and Environmental Design (LEED) project with a LEED rating of Silver or better. Where applicable, the project must achieve a 10-percent greater standard for transportation efficiency than for comparable projects. The project must be consistent with the general plan if it is located in an area covered by an approved sustainable communities strategy or alternative planning strategy.
- A clean renewable energy project that generates electricity exclusively through wind or solar.
- A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or for the production of clean alternative fuel vehicles.
AB 900 will sunset on January 1, 2015 unless the Legislature extends it.
You can download the full text of the bill here: AB 900
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Who Is Douglas Herring & Associates?
Douglas Herring & Associates (DHA) works with public agencies, developers, and other businesses in California to expertly obtain the environmental and planning approvals needed to move projects from the conceptual stage to physical, benefit-generating reality in an efficient and cost-effective manner. Since 1997, DHA has helped dozens of California cities and counties and scores of other businesses and organizations save money while obtaining high-quality planning and legally defensible environmental analysis services necessary to get their projects expeditiously approved and built. Learn more on our website: Douglas Herring & Associates.
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