Governor Signs Noteworthy CEQA Legislation
New Law Streamlines Resolution of Lawsuits Targeting Job-Creating Projects
BBK Law
09/28/2011
In a notable amendment of the California Environmental Quality Act (CEQA) targeting large, economically important projects, Gov. Jerry Brown has signed Assembly Bill 900, also known as the Jobs and Economic Improvement Through Environmental Leadership Act of 2011. AB 900 is a companion piece to AB 292, a narrowly targeted bill easing CEQA requirements for a downtown Los Angeles football stadium.
AB 900, for certain types of large projects, significantly streamlines the resolution of lawsuits by project opponents alleging a failure to comply with CEQA. Such projects would then be able to begin construction and improve the state’s economy sooner. It is important to note that AB 900 does not exempt large construction projects from the CEQA process, but it does fast track certain key construction projects that will create new jobs. For example, AB 900's companion bill, AB 292, is expected to create several thousands of jobs.
Under AB 900, the governor would have the authority to designate certain “Environmental Leadership Development Projects” for streamlining. While a streamlined Leadership Project is undergoing CEQA review, the lead agency will be required to assemble the administrative record for use should a CEQA lawsuit be filed. The lead agency will have to post the record on the Internet and certify the record within five days of the project being approved, thereby potentially saving several months of time as compared to the normal administrative record process. Furthermore, any CEQA lawsuits filed would skip the trial court and proceed directly to the Court of Appeals, and must be resolved within 175 days of its filing. Overall, this can reduce the time in court for these large projects by a year or more.
