The dispute over California's landmark environmental law strikes brand-new venue

California's bedrock environmental law has actually helped safeguard citizens, wildlife and natural resources from pollution and other unfavorable impacts of development numerous times considering that then-Gov. Ronald Reagan put it on the books more than half a century back.

However the California Environmental Quality Act, better known as CEQA, often is weaponized by competing companies, labor unions and anti-development neighbors who aren't always encouraged by ecological concerns. They challenge projects in court, based upon CEQA problems, and hold-up or kill some tasks completely. Some people now argue that such strategies have actually contributed to California's real estate crisis.

Witnesses spelled out those competing realities during an all-day hearing Thursday before the Little Hoover Commission which, for the very first time, is studying whether to recommend changes to the environmental law.

" I think that's the factor nothing can ever be made with CEQA because each side is so engaging," Commissioner Anthony Cannella stated, applauding arguments that originated from those pushing to reform the law and from others combating to secure it.

The concern the Little Hoover Commission intended to address through the Thursday hearing, and 2 more being available in April: Is there some method to do both?

Simply put, CEQA needs public firms and decision-makers to examine the ecological effect of any proposed job, a term that has actually been used on everything from housing and office buildings to bike lanes. The law also requires others and companies to identify if the job in concern will have significant effects on ecological quality problems, divulge those effects to the general public, and alleviate them as much as is possible.

Supporters state the law has actually obstructed or required changes for numerous projects that would have aggravated water, air and soil pollution and triggered other ecological problems that disproportionately affect the state's most susceptible residents. They noted that, over the years, the law has avoided the demolition of homes to double the size of the 710 freeway and stopped developers from building houses on contaminated land.

" We have to preserve the great that's in CEQA," Aruna Prabhala, senior attorney with the Center for Biological Diversity, said in Thursday's hearing. "Little tweaks around the side and all of that might be effectively intentioned, however they have unexpected consequences that impact people's lives, that impact our environment, that often we can not reverse."

However CEQA likewise has actually been questionable from the start. Developers and some city governments state it creates a lot of barriers for tasks to advance in expense effective and timely ways - - if at all. And they argue bureaucracy and lawsuits around CEQA have actually added to California's real estate and homelessness crises, with some GOP leaders recently contacting us to gut and even get rid of the law.

" CEQA is a litigation defense game, as it has developed," San Francisco attorney Jennifer Hernandez informed the commission, pointing out data her firm collected revealing that nearly half of the housing units California produced in 2020 were challenged in CEQA lawsuits.

" Many things require a little revitalizing with time," she said. "It's time, I think, for CEQA to be revitalized."

Students walk near the Sather Gate on the UC Berkeley campus in Berkeley, Calif., on Tuesday, August 24, 2021. After a California appeals court obstructed a student housing task proposed by the university due to issues raised through the California Environmental Quality Act, discussion over reforming that law has actually reached a fever pitch. (Jane Tyska/Bay Area News Group).
In the wake of CEQA being used recently to stop a high-profile student real estate job for UC Berkeley, talk of reforming the landmark law has reached a fever pitch. Even Democrats have actually required major reforms, with Gov. Gavin Newsom in February calling the approval process "plainly broken.".

" California can not manage to be held hostage by NIMBYs who weaponize CEQA to obstruct student and cost effective real estate," Newsom stated. The law needs to alter.

Such pressure prompted this new research study on prospective CEQA reform by the 61-year-old Little Hoover Commission, a nonpartisan oversight company, comprised of commissioners appointed by the governor and legal leaders, that investigates state operations and provides recommendations to improve efficiency, cost savings and enhanced service for Californians. After 2 more hearings on the subject in April, the commission is expected to publish a report that might consist of recommendations to the legislature and governor's office about CEQA reforms.

One essential question is simply just how much of an impact the environmental law has really had on the state's real estate crisis. Data supports both sides of the argument.

Advocates of the law mention a 2018 study by the Association of Environmental Professionals that showed simply 2.8% of development jobs were withdrawn due to CEQA concerns. And Prabhala explained that lots of other states are fighting with cost effective housing issues, despite the fact that California is distinct in having such an extensive environmental evaluation law.

Those who desire to change CEQA cite work from Hernandez's company, such as a research study that showed 33% of CEQA suits filed in Southern California from 2013 to 2015 were aimed at stopping housing tasks that had actually currently been authorized. Hernandez likewise has information recommending most claims come from groups with no history of ecological advocacy, which a bulk difficulty denser real estate that ecological groups normally claim to support.

Mentioning these conflicts and confusion, Chris Elmendorf, a professor at UC Davis who focuses on land-use law, told the commission he's "really skeptical" of information both "from the CEQA apologists and the information from the CEQA skeptics.".

" I believe the very best expect determining whether CEQA is a big issue or a little issue is not to look at data, however to speak to people who remain in the trenches, to do more of a qualitative analysis of individuals's experience with the law," he said. He suggested those discussions must focus "on the loopholes in the relationship in between CEQA and state housing law.".

One engaging anecdote to support CEQA reform came from witness Laura Tolkoff, transportation policy director for the San Francisco Bay Area Planning and Urban Research Association. Throughout a window a couple of years back, when CEQA difficulties held up plans to include 34 miles of dedicated bike lanes to city streets, Tolkoff stated, "Nine people passed away and 2,000 people were hurt while riding their bikes in the city." And while San Francisco's Slow Streets Program went through CEQA appeals due to how it would eliminate some parking spots, Tolkoff said the dad of her 4-year-old's buddy was hit and eliminated riding his bike.

" There is a real human cost when tasks and plans are held up by CEQA," Tolkoff stated.

Those genuine human impacts work both methods, however, Prabhala argued. She pointed to a circumstance that's been unfolding near Scottsdale, Ariz., where a real estate community has actually had its water system cut off. Arizona doesn't have a CEQA-style law that needs factor to consider of whether there's sufficient water system prior to advancements get approved, leaving those citizens without assurance of basic services.

There have been a number of CEQA reforms over the last few years, Prabhala noted. These consist of guidelines that, under particular scenarios, can excuse economical housing jobs and public transportation tasks, including bike lanes, from complete CEQA evaluation.

But Hernandez said the truth that numerous exemptions are required is an indication that it's time to look at wider reforms.

Developing another exemption for housing also will not solve that issue, Hernandez argued, since individuals who might reside in those houses also require brand-new and upgraded schools, transportation, utilities and other services, any of which may be stymied by CEQA-related challenges. And while many CEQA talk revolves around real estate, the law also can affect numerous other types of development, from oil field growths to marijuana farms to updated public transit.

When it concerns reforms, Hernandez and Dan Dunmoyer, president of the California Building Industry Association, spoke about four crucial proposals. These include a restriction on confidential lawsuits associated with CEQA, ending duplicative claims, and disallowing CEQA challenges from stopping an entire task unless there are considerable health or safety results being considered. Their fourth proposal calls for judges to stop translating the law as broadly as they have for the previous half century.

That last modification is likely only if a CEQA case makes its method to the California Supreme Court, where brand-new precedent could be set, Hernandez stated.

When commissioners pressed CEQA defenders for any reforms they wish to see, they just pointed out changes that would enhance the law.

Marvin Norman, with the Riverside-based Center for Community Action and Environmental Justice, informed commissioners that his group has actually seen abuse with CEQA exemptions that have actually currently been carved out. He said storage facility developers, for example, have used carve outs for infill housing to advance their tasks beside houses in the Inland Empire. And he cited the law's inability to stop the enormous World Logistics Center development in Moreno Valley.

" The CEQA process isn't able to stop the most outright jobs," Norman stated.

The Little Hoover Commission's 3rd and second hearings on CEQA reform will be hung on April 13 and April 27. All 3 hearings will be streamed on the commission's website: lhc.ca.gov/ occasions. The general public can make comments at the end of each hearing or send composed remarks through the agency's website.