The Schwarzenegger administration seeks to exempt a
number of major construction projects from California’s environmental laws, restrict the power of the courts
to review them and give final authority over the projects
to his appointees. The proposal, viewed within the administration as a
recession-driven, job-creation measure, is contained in language for a bill that would be considered along with the main
state budget, Capitol sources said. The governor released
his 2010-11 budget today. A copy of the draft language was reviewed by Capitol
Weekly. There was no immediate comment from the administration. The proposal allows exemptions for at least 20 construction projects located across the state, arranged
according to air pollution control districts. Seven
would be in the Los Angeles area, three in the San
Francisco Bay area, five in the San Joaquin Valley
and five from the rest of the state. The projects are
not named, and there is no immediate indication that
the administration has specific projects in mind. The
final draft of the bill may contain more projects. The proposal, which includes a provision for at least
one public hearing and legislative input, gives final
authority over the projects to the Business, Transportation
and Housing Agency, or BTH, a cabinet-level superagency whose secretary, a gubernatorial
appointee, reports directly to the governor. The goal of the governor’s proposal is to expedite projects that would generate
jobs and stimulate the sluggish economy. The exemptions from the California Environmental Quality
Act, or CEQA, are not limited to transportation projects,
as had been expected, but could include refinery, water,
sewage, transportation and other projects. Proposals to exempt projects from CEQA also occurred in the last budget fight. The proposal sets up a timetable for projects to be
approved, and allows for approval if the entity seeking
the project expects the project ultimately to receive
environmental approval. If the project fails the environmental
certification, the BTH can choose alternates. The proposed
bill calls for BTH to give lawmakers and the public
a list of the projects that win final approval. Environmentalists said the governor’s plan would weaken environmental safeguards, and questioned
whether the language barring court review would pass
constitutional muster. "We’ve been concerned since last year’s (Los Angeles) stadium CEQA exemption that it opened the floodgates,
and now you’ve got lot’s of wealthy developers hiring lobbyists to try and
buy their own CEQA exemptions. This proposal would
kind of institutionalize that feeding frenzy," said
Bill Magavern of Sierra Club California. Last year the govenror signed AB 81 3X by Assemblyman Isadore Hall, D-Compton, that streamlined certain CEQA requirements
to construct a new NFL stadium in the City of Industry.
The stadium proposal, already exempted, would not be
covered by the latest legislation.
