CEQA
A summary of BACA
An overview of my analyses of Proposition 45
I’ve written a lot on the Cal Chamber sponsored initiative to dramatically change CEQA, BACA, which is Proposition 45 on this year’s ballot. Here are some key takeaways from what I’ve written, as well as links to the relevant blog posts. First, BACA will not just apply to CEQA. It broadly expands vested rights and …
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CONTINUE READINGA Warning to Local Planners in California
If Proposition 45 is passed, you may get blindsided by projects you cannot stop. You may want to prepare yourself.
A lot of the debates over BACA, the Cal Chamber supported initiative to fundamentally change CEQA (Proposition 45 on the ballot) focus on the initiative’s impacts on CEQA. But from a local government and planning perspective, I would argue that far more important are the sweeping vested rights provisions in the initiative. As I noted …
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CONTINUE READINGMore on BACA and data centers
Considering the arguments in a recent op-ed arguing Prop 45 does not cover data centers
A key issue in the debate over the Cal Chamber of Commerce CEQA initiative (BACA, or Proposition 45 on the ballot) is whether it includes data centers as the types of projects that are eligible for the CEQA exemptions and vested rights provisions in the initiative. I’ve written about why they may well fall within …
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CONTINUE READINGThe Limits of Implementation for BACA
Potential practical limits on the scope of the initiative to rewrite CEQA
I’ve done a lot of analysis of the potential scope of the Cal Chamber initiative on the ballot this fall to fundamentally rework CEQA. However, I also want to highlight a range of constraints that I think will limit the practical impact of the initiative. In doing so, I do not want to minimize the …
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CONTINUE READINGBACA and planning
Initiative to fundamentally rewrite CEQA will have important implications for planning in California
A key question under the CEQA initiative on the ballot this fall, should it be enacted, is how it will relate to planning in California law. The question is an important one because planning has long been a key component of California land-use and environmental law. All local governments are required by state law to …
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CONTINUE READINGEnsuring Environmental Protections Without CEQA
The legislature could take steps to address the impacts on state environmental law of the enactment of BACA this November
It seems likely at this point that the Cal Chamber initiative to significantly rewrite CEQA will pass this fall. A recent PPIC poll found over 70% support for the initiative. As I’ve noted earlier, a real concern with any change to CEQA is that key parts of California’s system of environmental protections depend on CEQA. …
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CONTINUE READINGBACA and unions
The complicated dynamics of unions and CEQA may impact this fall’s CEQA ballot initiative
In this post I will assess the labor provisions of the California Chamber of Commerce’s ballot initiative to drastically overhaul CEQA, which will be on the ballot in November. The quick summary is that those provisions turn out to generally codify current practice or law – and importantly, may not be locked-in against subsequent state …
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CONTINUE READINGBACA and Data Centers, Part II
The inclusion of data centers within this fall’s CEQA ballot initiative may make it much harder to regulate their construction
This is the second of two posts exploring whether the California Chamber of Commerce’s ballot initiative to drastically reform CEQA might facilitate the construction of data centers in California. In the first post, I examined whether data centers fall within the scope of the initiative (and concluded they likely do so). What are the implications …
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CONTINUE READINGBACA and Data Centers, Part I
Ballot initiative may facilitate construction of data centers in California
As I noted in my initial analysis of the California Chamber of Commerce’s ballot initiative to rollback most of CEQA, one important point about the initiative is how many different projects are covered by it – despite the framing that it only covers “essential projects.” One kind of development project that is particularly controversial right …
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CONTINUE READINGReforming CEQA Part 6
Providing for quicker, more expert dispute resolution
This is the sixth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, …
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