California Gov. Gavin Newsom on Jan. 12 issued an executive order in response to the devastating wildfires, suspending environmental reviews required under the California Environmental Quality Act (CEQA) and permitting requirements under the California Coastal Act.
CEQA requires for any “public project” — defined broadly as an action requiring a “public agency’s discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment” — that state and local agencies must review the potential environmental impacts, communicate these findings to the public, including the basis for their decisions, and work to mitigate any potential environmental impacts, including identifying alternatives.
Critics have accused CERQA of causing significant delays in projects, attributing them to its highly technical requirements and lengthy, multi-faceted review process.
The California Coastal Act (CCA) regulates developments along the California coastal line (in a defined area called the “coastal zone”) and seeks to protect and preserve the environment therein. The CCA also created the California Coastal Commission as the regulatory authority for coastal development and emphasized the importance of preserving the public’s right to access the shoreline. “Development” under the CCA is broadly defined and can include the demolition of buildings, grading and soil work, and “repair or maintenance activities that impact the environment,” among other things. Furthermore, the coastal zone can “extend up to up to five miles inland from the shore, including private and public property, and three miles out to sea.” As result of these definitions, virtually any activity near this coastal zone requires a permit.
Thus, the suspension of these CEQA and CCA requirements will significantly reduce the red-tape headaches for those seeking to rebuild after the wildfires. In addition, the Department of Housing and Community Development (HCD), the Office of Land Use and Climate Innovation, the Office of Emergency Services, and the Department of General Services (DGS) are required to identify and report on “other state permitting requirements that may unduly impede efforts to rebuild properties or facilities destroyed as a result of this emergency that should be considered for suspension.” Similarly, the HCD, along with the DGS Office of the State Fire Marshal, and the California Energy Commission, are also required to identify and report on provision of the Building Standards Code that should be suspended in “order to facilitate rapid, safe, and cost-effective rebuilding and recovery.” This signals that further suspension of various building permitting regulations is likely by the governor.
However, it is important to note that there are restrictions placed on this Executive Order. This order applies only to properties and facilities that were “substantially damaged or destroyed in recent Southern California wildfires.” Additionally, rebuilt properties must be in “substantially the same location” and cannot “exceed 110% of the footprint and height of properties and facilities that were legally established and existed immediately before this emergency.”
A copy of the Executive Order can be found here. A summary of the key provisions of the California Coastal Act can be found here. An overview of the CEQA process can be found here. A FAQ prepared for those impacted by the wildfires by the California Coastal Commission can be found here.