California voters will decide Nov. 3 whether to rewrite how the state's main environmental law handles big building projects, from housing that does not already qualify for an exemption to roads, water systems, broadband and wildfire work.
Proposition 45, sponsored by the California Chamber of Commerce, would let applicants for projects it labels essential choose a faster track under the California Environmental Quality Act. Applicants could also stay with the current process, CalMatters reported in an explainer on the measure.
What would change
Under the fast track:
- A clock for agencies. A lead agency would get 365 business days to rule on an environmental impact report. If it missed that deadline, the applicant could ask for a hearing and possibly sue.
- A clock for courts. Lawsuits would have to be resolved within 270 calendar days.
- One alternative, not several. Today agencies weigh a range of options, including not building at all. An applicant could instead pick a single alternative for review.
- Rules frozen at filing. Agencies would judge impacts using the standards in place on the day of the application, rather than updating them as new information arrives.
- Shorter comment window. The public would get a firm 45 days to comment, and late comments could not be part of the record a judge reviews.
- Partial stops only. A court that found a flaw could halt only the piece of a project that fell short, not the whole thing.
Public agencies building their own roads or water lines could use the same rules, the Legislative Analyst's Office says.
The case for it
Chamber CEO Jennifer Barrera said review delays can add six to 10 years to a project, with consumers paying the cost. Dan Dunmoyer, who heads the California Building Industry Association, put the savings on an average home at $75,000. A campaign spokesperson said quicker, more predictable reviews would let the state build for less.
