Environmental Reform Top Priority in Sacto

Many have heard of California’s Environmental Quality Act (CEQA). It was signed into law in 1970 by Republican Gov. Ronald Reagan (yep, Reagan).

So why is a moderate Democrat from the Central Valley taking on this scared cow of the enviros, NIMBYs, no growthers, coasties and BANANAs (Build Absolutely Nothing Anywhere Near Anything)?

Could it be that as Kern County Supervisor, Sen. Michael Rubio witnessed CEQA being used to slow - get ready for this - solar and wind projects; alternative energy projects which are green by their very nature.

As noted in the L.A. Times, the move to reform CEQA is the culmination of years of complaints from consumers, businesses, affordable housing service providers, builders and other critics who say the law is being misused to block projects for reasons other than environmental harm.

(What! CEQA being used to force project proponents to pay environmental blackmail to protesting neighborhood/environmental/”concerned citizen” groups… shocking I tell you – sarcasm provided free of charge).

And Rubio is taking on fellow Democrats as well, as moving to rewrite CEQA has become one of the most controversial policy issues in Sacramento. Since joining the Senate, Rubio has gained a reputation as one of the more moderate Democrats in Sac-a-tatoes. The move on CEQA puts him at odds with many of his mostly liberal Democratic associates in the Senate, as well as two prime interest groups representing key Democratic constituencies: environmentalists and labor.

From the “You Could See This One Coming a Mile Away” Department: Many of CEQA's supporters, however, say it doesn't need to be changed.  Kathryn Phillips, lead lobbyist for the Sierra Club of California, was quoted in the L.A. Times saying she sees the potential for a compromise bill that would tackle some "low-hanging fruit" to make CEQA work better. But she characterized the types of changes sought by Rubio and his backers as misguided attempts by developers and other interests to use a down economy as an excuse "to go after something they haven't liked for some time."

"It's getting him a lot of exposure, but I wish he would focus on something else that would be more productive," she said. The cynics add that his concern has to do with the fact the High Speed Rail (HSR) line is supposed to begin construction in his district. Problem is, Rubio took on rampant CEQA abuses before the HSR was finalized.  And there are those that note some of those wind and solar projects in Kern County were blocked by unions.

Yes, unions have used CEQA to block projects throughout the state until the project proponents give them labor agreements. It happens. Their “reasons” are never tied to leveraging union contracts; much as environmental objections are never tied to getting paid off to go away (i.e., as a surreptitious fundraiser).

Even Da Guv gave a shout out about CEQA reform in his State of the State address. Senate President pro Tem Darrell Steinberg (D-Sacramento) tabbed Rubio as he chair of the Senate’s Environmental Quality Committee and has pledged to make reviewing possible updates to the law a priority this session. (Interesting juxtaposition with the Surreal [Sierra] Club statements, no?) Chief among the reform goals is limiting lawsuits over aspects of a proposal that have already met certain planning or environmental standards.

Make no mistake; Rubio's got his work cut out for him. Many of the seats on his committee are filled with some of the Senate's most radical environmentalists. Remember also that since all politics is local, whatever changes come about will impact (in some form) such projects as the Saltworks, the Transit Village, Pacifica’s Quarry strategy, and the Grand Avenue project – most likely in a positive manner unless, of course, you’re an enviro, NIMBY, no growther, coastie or BANANA.

(Full Disclosure: the San Mateo County Association of REALTORS® is member of the CEQA Working Group, a broad coalition representing business, labor, schools, hospitals, clean tech, transit, affordable housing advocates and other organizations that are pushing for moderate reforms to CEQA that will preserve its original intent – environmental protection and public disclosure – while eliminating some of the misuses of CEQA that hurt job creation, community renewal and the environment.)