The RCJ votes No. California is over-regulated, in many ways, but taking short-cuts around environmental reviews sounds like bad long-term planning.
Proposition 45 would change California’s environmental-review rules under the California Environmental Quality Act (CEQA), creating an expedited review process for a broad range of projects. The measure covers most housing, transportation, water, healthcare, wildfire-prevention, educational, internet-access and clean-energy projects.
What would it do?
Prop. 45 would allow eligible projects to use a new, faster environmental-review and litigation process. Among other things, it would:
- Establish deadlines for agencies to complete environmental reviews.
- Set deadlines for lawsuits challenging project approvals.
- Limit the range of project alternatives agencies must consider.
- Limit the evidence courts can consider in CEQA lawsuits and the remedies courts can impose.
- Require agencies to identify application requirements up front and restrict repeated requests for additional information.
For example, eligible projects could have 365 business days for completion of an environmental-impact report, while courts generally would have to resolve related litigation within 270 days.
The Legislative Analyst estimates that implementing the new procedures would initially cost state and local governments tens of millions of dollars annually, potentially more than $100 million, although fees would cover some of those costs. Longer-term fiscal effects are uncertain.
The argument for
Supporters say California’s environmental-review system has become too slow, expensive and vulnerable to litigation, contributing to high housing, electricity and infrastructure costs.
They argue that Prop. 45 would:
- Speed construction of housing, hospitals, schools, water projects and clean-energy infrastructure.
- Reduce costs caused by lengthy permitting and litigation.
- Make project approval more predictable.
- Retain California’s underlying environmental laws while making the review process faster.
- Help California address housing shortages and infrastructure needs more quickly.
The official supporters’ argument emphasizes that Prop. 45 does not exempt eligible projects from environmental review; rather, it changes the procedures and deadlines under which that review occurs.
The argument against
Opponents say the measure goes substantially beyond speeding up paperwork. They argue that it would weaken CEQA’s ability to identify and mitigate environmental consequences before projects are approved.
Their concerns include:
- Less examination of alternative project designs.
- Less time and fewer opportunities for public participation.
- Greater difficulty challenging projects in court.
- Potentially greater environmental impacts on communities, air and water quality, and wildlife.
- The possibility that projects could move forward before environmental problems are adequately addressed.
Opponents therefore characterize Prop. 45 as a significant reduction in environmental and community safeguards, rather than simply an administrative streamlining measure.
Who supports Proposition 45?
The measure was sponsored by the California Chamber of Commerce and has attracted a coalition of more than 150 organizations from business, housing, healthcare, clean-energy and other sectors.
Notable supporters include:
- California Chamber of Commerce
- California Building Industry Association
- California Children’s Hospital Association
- California Water Association
- California Council for Affordable Housing
- American Clean Power—California
- California Taxpayers Association
- PG&E
- Southern California Edison
- Numerous chambers of commerce and business organizations.
The official voter guide also identifies the California Children’s Hospital Association, California Water Association and California Council for Affordable Housing as principal supporters.
Who opposes it?
Opposition is also extensive, with more than 300 organizations reportedly aligned against the measure. The coalition includes environmental, labor, public-health, civil-rights and community organizations.
Notable opponents include:
- National Wildlife Federation
- California Environmental Voters
- Coalition for Clean Air
- Clean Water Action
- California Environmental Justice Alliance
- Physicians for Social Responsibility–Los Angeles
- American Nurses Association–California
- California Federation of Labor
- ACLU of Southern California
- California Democratic Party
- California State Building and Construction Trades Council