The California Environmental Quality Act (CEQA), passed in 1970, mandates that state and local agencies identify and disclose the significant environmental consequences of proposed projects and undertake measures to mitigate the negative impacts of such proposals. The guidelines under CEQA specify the regulatory framework for evaluating the proposed public and private development projects.
In an effort to render the CEQA process more efficient and time sensitive while maintaining the integrity of the state’s environmental policies, the administration has undertaken a broad update of its policies. If these amendments are ultimately adopted in some fashion, this would represent the most significant update to CEQA policies since the late 1990’s.
As part of the revision process, the Governor’s Office of Planning and Research (OPR) released a lengthy report entitled a Preliminary Discussion Draft of Proposed Updates to the CEQA Guidelines (Draft). OPR has emphasized that this stage of the project is geared toward dialogue, and has therefore requested participation and comments from all interested parties in the state of California. The Draft is the first step in the pre-regulatory process prior to submitting the proposals for formal rulemaking. The deadline for submissions was October 12, 2015.
The Draft incorporates initial comments of OPR on the proposed amendments. It also offers potential revisions to approximately 30 sections of CEQA guidelines. These amendments are divided into three categories: (i) efficiency improvements, (ii) substantive enhancements and (iii) technical amendments. Some of the major areas for revision include: the use of regulatory standards under CEQA; the consequences of a court’s invalidation of certain aspects of the review; guidance as to what items are within the scope of an Environmental Impact Report; the use of exemptions and the determination of when a project is considered discretionary.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com.