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  • Newsom Proposes Statewide VMT Mitigation Fee

    In his “May revise” budget for next year, Gov. Gavin Newsom has proposed creating the long-awaited state vehicle miles traveled mitigation program, with mitigation to be allocated on a region-by-region basis.

  • How Will The Supreme Court's NEPA Ruling Affect CEQA?

    The U.S. Supreme Court’s ruling involving the National Environmental Policy Act does not directly affect California’s environmental review process. But the NEPA ruling is likely, some lawyers say, to expand the gulf between NEPA and the California Environmental Quality Act.

  • Major CEQA Reform Bill Runs Into Trouble

    Under fierce pressure from environmentalists and labor unions, the Senate has gutted Sen. Scott Wiener’s SB 607, a major California Environmental Quality Act reform bill, subject to additional negotiations.

  • What's Actually In SB 79

    As virtually every major media outlet in California has reported, SB 79 – Sen. Scott Wiener’s bill that would give significant land-use power to transit agencies – barely squeaked by in the Senate last week and is now in the Assembly.

  • Split Decision on Permit Streamlining Act v. CEQA

    A local jurisdiction can’t condition the completion of a permit application on environmental information not included in the permit’s application checklist.

  • CEQA Ruling Could Make Segmenting Easier

    A potentially important case involving the California Environmental Quality Act from Eureka has been published, meaning it can now be used as precedent in other cases.

  • Judge Rules Against Citizen Group in Newport Beach Housing Case

    State laws override local land-use ballot measures.

  • Budget Bill Would Expand CEQA Infill Exemption

    Significant reforms to the California Environmental Quality Act have been included in a “budget trailer bill; and could take effect as soon as next week. The bill also amends the Permit Streamlining Act to speed up ministerial projects. Although at tentative deal was announced Tuesday night as part of a budget agreement, the trailer bill still must be approved by the Legislature and signed by Gov. Gavin Newsom. The legislative analysis of AB 130, the trailer bill, can be found here. Most of the CEQA provisions were moved over from Assemblymember Buffay Wicks’ AB 609. Most importantly, the bill significantly expands the CEQA exemption for infill development ; an exemption that is already being used more and more frequently by cities. Currently, to qualify for the exemption, a project must be less than 5 acres in size and 75% surrounded by urban development. The trailer bill expands the CEQA exemption to include projects of 20 acres or less. The projects can still be 75% surrounded by urban development ; but also applies to projects where 75% of the land within a ¼-mile radius of the site consists of urban development. This essentially brings neighborhood context into the definition of infill, rather than just the parcel. (Builder’s remedy projects seeking a CEQA exemption would still be limited to 5 acres.) The infill exemption applies only to projects of a certain density ; specifically, half of the so-called “Mullin densities; contained in SB 375. The minimum densities would be at least five units per acre for an unincorporated area in a nonmetropolitan county, 10 units per acre in a suburban jurisdiction, and 15 units per acre in a metropolitan jurisdiction. Any project below these densities would be subject to CEQA. To qualify for the exemption, projects still must conform with the local general plan and any specific plans. The trailer bill would also impose Permit Streamlining Act deadlines on ministerial approvals for the first time. Up to now, PSA deadlines have applied only to discretionary approvals. The trailer bill would impose a 60-day shot clock on ministerial projects.

  • Developers Can't Use "Upstream" Cap-And-Trade Allowances To Offset GHG Emissions

    In a new battle between the Tejon Ranch Company and environmentalists, an appellate court has ruled that Los Angeles County’s environmental impact report for the Centennial community in Antelope Valley was misleading because it tried to count “upstream” reductions in greenhouse gas emissions resulting from the state’s cap-and-trade program.

  • What the CEQA Bills Will Do

    Gov. Gavin Newsom signed the most significant reforms to the California Environmental Quality Act in memory yesterday (June 30) in signing the so-called “trailer bills” to the 2025-26 state budget.

  • CP&DR’s Quick-And-Dirty Guide to Everything the Legislature Did on Housing and CEQA

    On July 1, the provisions of AB 130 and SB 131 – the two budget trailer bills that reformed the California Environmental Quality Act to streamline housing approvals – went into effect. Although the bills represented something less than comprehensive CEQA reform, they were probably the most significant legislative changes to CEQA in this century. And while the infill housing got the most publicity, a wide range of other provisions are also important.

  • Judge Orders Fresno To Approve Housing Project

    The City of Fresno has been ordered to overturn its decision to deny a multifamily housing project and instead approve the 82-unit project.

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