On the general election ballots due this November 3rd, California voters will decide on Proposition 45, the “Modifies Environmental Review For Certain Projects” Initiative. Proposition 45 would change how certain projects are reviewed under the California Environmental Quality Act (CEQA) in a way that could have significant impacts to historic resources across the state.

 

What is Proposition 45?

 

Prop. 45 proposes to mandate accelerated environmental reviews for a wide range of public and private development projects it defines as “essential,” including housing, transportation, schools, broadband, water infrastructure, public health and safety facilities, and more. Supporters, including the California Chamber of Commerce, argue that California's current environmental review laws add unnecessary costs and lengthy timelines to projects that would otherwise be faster and cheaper to build. They argue that Prop. 45 would reduce delays while maintaining core environmental protections. Opponents, including a broad coalition of environmental organizations, smart-growth advocates, labor unions, and historic preservation groups, argue that Prop. 45 would dramatically undercut these protections by mandating unrealistic timeframes for complex impact studies, limiting public participation and oversight, and restricting the ability to challenge projects in court.    

 

What is CEQA?

 

The California Environmental Quality Act (CEQA) is a California law enacted in 1970. It requires government agencies to identify and disclose the potential environmental impacts of certain projects before approving them. CEQA can address impacts to air and water quality, wildlife, public health, and historic and cultural resources. It also gives the public an opportunity to review environmental documents, provide comments, and, in some circumstances, challenge an agency's decision in court.

 

CEQA does not automatically stop a project because it would cause environmental harm. An agency can approve a project with unavoidable impacts if it determines that the project's benefits outweigh those impacts.

 

How would Proposition 45 change CEQA?

 

For eligible projects, Prop 45 would create tighter deadlines and new rules for environmental review and legal challenges. Among other things, it would:

• Limit the time available for public comment.

• Limit the alternatives considered during environmental review.

• Require court challenges to be resolved within 270 days.

• Limit what courts can consider when reviewing certain CEQA challenges.

• Restrict the remedies courts can impose when they find a CEQA violation.
   

Why does this matter for historic resources?

 

Historic buildings and sites are considered environmental resources under CEQA. When a project could affect a historic resource, CEQA can require the project's potential impact to be identified and evaluated.

 

For example, imagine a proposed housing project would demolish an older building. A historic resources report commissioned by the developer concludes that the building is not historically significant, but another expert or member of the public believes that conclusion is wrong.

 

Under current CEQA procedures, there are opportunities to challenge that determination, provide additional evidence, and potentially challenge the agency's decision in court. Prop 45 would not eliminate those opportunities, but it would make them more limited and time-constricted. 

 

Also under current CEQA procedures, agencies are required to analyze a range of project alternatives that would potentially reduce or avoid harms to historic resources. In many cases, this analysis results in “win-win” project revisions. Prop 45 would allow developers to propose only a single hand-picked alternative for analysis, ignoring other, more feasible compromise solutions.  

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PAC*SJ Opposes Proposition 45

 

PAC*SJ supports new housing, commercial development, and the infrastructure California needs to survive and thrive in the 21st century. At the same time, PAC*SJ strongly believes that these challenges can be met, and needed growth can occur, without undermining the safeguards designed to protect the state’s environmental resources and cultural heritage from exploitation and destruction. We encourage voters to read the official California Voter Information Guide, including the arguments for and against Proposition 45, and make their own informed decision and to vote by November 3rd.

 

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