Hot Issues for the Week of May 20, 2013
Improved Legal Climate
SUPPORT SB 731 (Steinberg; D-Sacramento ) JOB CREATOR: Comprehensive CEQA Reform — Establishes the Legislatures’ intent to address a variety of problems with the CEQA process and CEQA litigation including: 1) expanding the infill exemption, 2) streamlining the process for several types of projects, 3) adopting thresholds of significance for certain environmental impacts, 4) streamlining the process for projects subject to a plan with a full EIR, 5) giving clearer instruction to trial courts, and 6) addressing document dumping. Senate Appropriations Committee hearing May 20.
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Economic Development Barriers
OPPOSE AB 953 (Ammiano; D-San Francisco) JOB KILLER: Increases CEQA Litigation — Invites more litigation over CEQA projects by overturning a recent court decision and allowing project opponents to challenge EIRs that don’t adequately evaluate and mitigate impacts related to conditions and physical features in the environment like sea-level rise and fault-lines. Assembly Floor.
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Expensive, Unnecessary Regulations
OPPOSE SB 395 (Jackson; D-Santa Barbara) JOB KILLER: Threatens All Oil and Gas Production — Threatens all oil and gas production in California, driving up fuel and energy prices and harming the job market in these sectors, by requiring oil and gas generators to prove that produced water used in oil and natural gas wells is not hazardous before it can be disposed of in a disposal well, the most commonly-used and cost-effective means of disposal available in California. Senate Appropriations Committee hearing May 20.
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OPPOSE SB 754 (Evans; Santa Rosa) JOB KILLER: Dramatic CEQA Expansion — Expands and incentivizes litigation under the California Environmental Quality Act (CEQA) and increases the complexity and cost of CEQA compliance by 1) Prohibiting a lead agency from asking a project proponent to draft an EIR, 2) forcing re-analysis of projects that more than more than 7 years old, 3) creating a new cause of action to allow anyone to stop a project by alleging a mitigation measure has not been implemented, and 4) removing limits on archeological resources mitigation fees. Senate Appropriations Committee hearing May 20.
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Environmental Regulation
OPPOSE SB 4 (Pavley; D-Agoura Hills) Future Moratorium on Fracking — Threatens future oil and gas production in the state, which would raise energy prices for businesses and individuals alike, by threatening to impose a temporary moratorium on the use of hydraulic fracturing if the state’s Natural Resources Agency does not complete a study of the practice and promulgate regulations by January 1, 2015. Senate Appropriations Committee hearing May 20.
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