A Law That Has Lost Its Way

The California Environmental Quality Act, or CEQA, is in need of thoughtful changes to make it function in a way that promotes, not hinders, the type of economic growth and job creation California needs. By modernizing CEQA, our legislators have an opportunity to move our economy quickly toward job creation and sustainable growth. Governor Jerry Brown has called CEQA reform “the Lord’s work” and once again reiterated his support during the State of the State address. Senate President Pro Tem Darrell Steinberg began the legislative process of CEQA reform in February by introducing Senate Bill 731, which sets an initial framework for CEQA modernization discussions. Other pieces of legislation such as AB 930 and AB 1079 have introduced the idea of fast-tracking projects in Enterprise Zones, a concept that would be highly beneficial. And broad coalitions like the CEQA Working Group have come together to offer sound principles for reform. They include: • Integrate environmental and planning laws; • Eliminate CEQA duplication; • Focus CEQA litigation on compliance with environmental and planning laws; and • Enhance public disclosure and accountability. These bills, along with the expressed political support, show a growing momentum to reform CEQA and strike a new balance between environmental protection and responsible economic growth. In the 43 years since CEQA’s passage, the law has served as a vital tool to protect our environment. It has ensured that proposed local development projects undergo a rigorous environmental review process and the impacts of new projects on the environment are adequately mitigated. However, it has also become a tool frequently used by those who seek to halt projects – often for reasons that have little or nothing to do with environmental protection. Those misuses of CEQA need to be addressed and stopped. In the Santa Clarita Valley, many important projects have been unnecessarily delayed due to CEQA-related challenges, often for anti-growth reasons that have nothing to do with environmental protection. For example, Henry Mayo Newhall Memorial Hospital faced a lengthy and expensive CEQA challenge before it could move forward with a master planned expansion to bring new health services and an improved campus to our valley. Challenges from CEQA have held up critical road and infrastructure improvements, including the Decoro Bridge and the Cross Valley Connector; many public projects, such as a proposed high school in Castaic that facing pending litigation; and of course developments like Vista Canyon, Needham Ranch and Newhall Ranch have all been subject to CEQA litigation, delaying the valley the jobs and services they will provide. In the case of Newhall Ranch, opponents have used CEQA numerous times. Throughout the state, CEQA regulations have gridlocked affordable housing, schools, renewable energy projects, hospitals and many other local renewal and environmentally desirable projects. In fact, according to a review of CEQA cases from 1997 to 2012 that went before appellate courts or the California Supreme Court, 59 percent of cases were filed against infill projects and 36 percent were filed against public works projects like schools, universities or roads. In an effort to increase opportunities for responsible development, job creation and business growth in California, CEQA needs to be modernized. Changes need to ensure that projects conforming to California’s rigorous environmental laws and local and federal regulations are able to move forward without the threat of meritless lawsuits having nothing to do with ecological preservation. Achieving these goals will not be easy, but with participation from diverse stakeholders and commitment from legislators on both sides of the aisle, meaningful CEQA reform can and should be accomplished this year. We urge legislators to make this a top priority. Jonas Peterson is chief executive of the Santa Clarita Valley Economic Development Corp., an organization that represents industry and government leaders in the Santa Clarita Valley.