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For Immediate Release:
April 15, 2008      

Contact: Tina Andolina
916-313-4521

Email: tandolina@pcl.org

Key Environmental Bill Passes
Senate Environmental Quality Committee

SB 1165 will Daylight Environmental Review Process and Ensure Greater Public Participation

(Sacramento, CA) Last night, SB 1165 (Kuehl) passed the Senate Committee on Environmental Quality with support from Senators Florez, Lowenthal, Steinberg, and its author Shelia Kuehl, who sits on the committee. It is now headed to the Senate Appropriations Committee. SB 1165 ensures greater transparency in the creation of draft Environmental Impact Reports (EIRs) and requires EIRs older than five years to be reviewed again for new impacts before they can be used to approve a project.

For 38 years, the California Environmental Quality Act (CEQA) has been a tool for citizens to participate in the environmental review process when decisions are made. Participation has allowed local residents to urge decision makers to address traffic congestion, and air and water pollution, and to rethink poorly planned developments. From San Diego to San Francisco, from Monterey to Mono Lake, CEQA has empowered residents to demand environmental accountability from our decision makers.

Unfortunately, developers have attempted to subvert CEQA by forcing consulting firms who draft EIRs on their behalf to sign non-disclosure agreements, thus preventing them from disclosing adverse environmental impacts caused by a construction projects. Furthermore, developers have cited attorney-client privilege as a cover for developers to essentially draft their own EIRs without public knowledge. “Environmental documents are supposed to be drafted by a public agency, for the public. When they’re not, it is nothing more than the fox guarding the henhouse,” said Tina Andolina, Legislative Director for the Planning and Conservation League, the bill’s sponsor.

SB 1165 also seeks to address the problem of outdated and irrelevant EIRs. The bill requires an EIR that is older than 5 years to be circulated for public comment before it can be used to approve a project. The bill’s proponents cite the controversial Elephant Hill development project in El Sereno. In this case, the developer asked the Los Angeles City Council to base their approval for the project on an outdated EIR that was drafted for a smaller project. “After years of fighting this development, we were able to convince the city council to require further review. However, this victory is definitely the exception, not the rule,” said Elva Yañez, Director of the Audubon Center at Debs Park.

The Planning and Conservation League hopes the momentum from today’s vote will add to the growing support for SB 1165 in order to see it through the Senate and Assembly, and eventually to the Governor’s desk for approval. This important legislation now has the support of 40 environmental and community groups.
The Planning and Conservation League is a nonpartisan, nonprofit alliance of individuals and conservation organizations working at the state, local, and national levels to protect and restore California's natural environment.
 

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