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California initiative that would make changes to the environmental review process established by CEQA qualifies for the November ballot


The California Secretary of State announced that a ballot initiative proposing to amend the California Environmental Quality Act by modifying environmental review processes qualified for the ballot on June 16. The Committee to Build an Affordable California, the campaign supporting the initiative, submitted 942,967 signatures, of which the secretary of state projected 77.5% are valid, or about 731,082 valid signatures, through a random sample count. To qualify an initiated state statute in California, petitioners need to submit signatures equal to 5% of the votes cast in the last gubernatorial election, which is 546,651 signatures for this election cycle.

The initiative would expedite the environmental review process for specified project categories, such as housing, water supply improvements, transportation, energy, and facilities for health and public safety. This would amend the California Environmental Quality Act (CEQA) and the Permit Streamlining Act (PSA). 

CEQA was enacted in 1970 and requires state and local government agencies to inform decision-makers and the public about the potential environmental impacts of proposed projects and mitigate them as much as possible. CEQA applies to projects that need government approval or use public funds and could cause a physical change to the environment. PSA, enacted in 1977, established time limits for state and local agencies making permitting decisions. Permits cannot be issued until the CEQA process is complete.

The initiative would set deadlines for public agencies to complete the environmental review, and allow an expedited review of the environmental impacts of the project, setting a 365-day limit on environmental reviews. If the agency does not complete the review within the 365-day limit, the applicant can submit a written request requiring the agency to move forward, where the final decision must be made within 60 days. It would amend the judicial process by requiring courts to rule on CEQA challenges within 270 days.

In a press release announcing the qualification, CalChamber President and CEO Jennifer Barrera said, “For too long, Californians have been led to believe that sky-high housing and electricity costs, crumbling infrastructure, and endless delays are inevitable. But voters know better. Delays drive up the cost of everyday essentials and families pay the price. If we’re serious about lowering the cost of living, we must be just as serious about building the housing and infrastructure projects that Californians need. We are confident voters will pass Affordable CA this November and choose a more affordable future.”

American Clean Power - California, Associated General Contractors of California, California Building Industry Association, California Business Roundtable, California Chamber of Commerce, California Hospital Association, California Water Association, Housing Action Coalition, and NAACP California/Hawaii State Conference endorsed the initiative. The Committee to Build an Affordable California reported more than $13.7 million in contributions through March 31.

The measure is opposed by the Sierra Club of California and the State Building and Construction Trades of California. Miguel Miguel, director of Sierra Club California, said, "We strongly oppose it. We know that what they are really trying to do is eliminate a lot of the environmental safeguards that have existed for a long time. People have to read long technical documents to get a better understanding of whether a project is right or wrong for their community. It takes time for us to do discovery and have conversations with neighbors. Our input needs to be valued. Are developers trying to make it efficient or cut out the true voices of people who have concerns?”

This is the eighth initiative to qualify for the November California ballot. Voters will also be deciding on three legislative referrals. The measures address healthcare executive compensation, housing, health clinic spending, vote requirements on tax measures, voter ID, public financing of election campaigns, conducting recall elections, healthcare union political spending, and vote thresholds for ballot measures.

Signatures are pending for seven other California ballot initiatives. To see the list of measures, click here.

The deadline to qualify for the ballot is June 25 (131 days prior to the election).

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