CEQA Reform

SB 122 (Jackson, Hill, Roth) – Request for Comments
As Introduced January 15, 2015

Senators Jackson, Hill and Roth have introduced a bill on CEQA reform. At a stakeholder meeting earlier this month, the Senators discussed a broad CEQA reform proposal which focuses on what they’d described as, “low- hanging fruit.” The Senators presented to a large group of stakeholders three concepts outlined below, two of which are currently included in SB 122. They acknowledged the work that had been done through previous attempts to reform CEQA, and stated their intent to only move forward with areas of consensus. The concepts presented have all been discussed in previous CEQA reform proposals.

1. Concurrent Preparation of the Administrative Record. SB 122 includes language that would require the lead agency, upon request of the project applicant and consent of the lead agency to prepare a record of proceedings concurrently with the preparation of a negative declaration, mitigated negative declaration, EIR, or other environmental document for projects.
2. Increased Use of Internet Resources. SB 122 included intent language that would establish a cleaning house for CEQA notices and documents. Concepts discussed during the stakeholder meeting referenced the Governor’s Office of Planning and Research (OPR) expanding their existing CEQA repository to serve as a statewide clearinghouse on CEQA documents. Senator Roth indicated that they are working on the cost issue for OPR. Several questions during the meeting were raised related to how it will work, the cost of preparing the record, and what timeframes local agencies and others would need to send information to OPR.
3. Strategies for handling late comments, or “document-dumps”. SB 122 does not address the issue of late comments, but it was a central point of discussion during the stakeholder meeting. The concept presented would designate an additional 30- day public comment period for the final EIR (FEIR) for written comments. Any written documents provided during the last 30 days could only be submitted if they could provide good cause for not presenting this information earlier. After the 30 days, public comment would close and no comments submitted after that date could be considered part of the administrative record. Senator Jackson indicated that this concept was fashioned after NEPA, which also has a final 30 day period to close out all issues.

CSAC will continue to participate in the stakeholder process and engage on proposals moving forward. We welcome your input on this issue. Please contact Cara Martinson, CSAC Legislative Representative for additional information.

Water Bond Implementation Update

Implementation of Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Water Bond) is a parallel two-part process that includes required administrative actions, such as guideline development and the budget appropriations process. The following is a brief outline of recent actions and upcoming events concerning implementation of the Water Bond.

• As reported in CSAC’s Budget Action Bulletin, the Governor’s Budget proposes $532.5 million as the first year allocation of a multi-year plan to spend funds consistent with the California Water Action Plan. Additional details are expected to be available next week when the Budget Change Proposals (BCPs) are released. The Governor’s budget will be considered in legislative budget sub-committee hearings and policy committees which are expected to take place in February and March. The budget sub-committees will propose conditions on the funding and may also set the schedule and rules for the entire bond.
• The Assembly Water, Parks and Wildlife Committee has scheduled an informational hearing on the implementation of Proposition 1 (water bond) for Tuesday, February 10 at 9:30 in the State Capitol, Room 437. Additional details will be reported in the CSAC Legislative Bulletin once the agenda is made available
• On the administrative side, this week the California Water Commission (commission) received an update on the development of regulations and parameters for allocating the $2.7 billion in water storage funding. The commission also discussed the process of determining the public benefit of water storage projects. The public comment period for the draft regulations is expected to begin in October of this year. The commission has a December 15, 2016 deadline for final adoption of the regulations. More information is available at https://cwc.ca.gov/Pages/PublicBenefits1.aspx
• Also worth noting is the bond summary prepared by the Department of Water Resources that includes a breakdown of bond funding to each hydrologic region of the state, as well as the funding eligible for expenditure within the specific regions to help finance water management projects and programs with local, regional and statewide benefits. The document can be found here.

CFCC Funding Fairs

The 2015 California Financing Coordinating Committee (CFCC) recently announced the schedule and location of six free upcoming funding fairs. According to their Flyer, the CFCC Funding Fairs provide opportunities to learn more about available grant, loan and bond financing options for infrastructure projects. These fairs are directed towards local government representatives, water and irrigation district managers, economic development and engineering professionals, financial advisors, and project consultants. For more information, please visit the CFCC website at www.cfcc.ca.gov.