Summary
SB 231 would require the Office of Land Use and Climate Innovation to create a new appendix in the California Environmental Quality Act (CEQA) guidelines to establish best practices for lead agencies to follow when determining if a proposed project will have a significant effect on the environment.
Background
CEQA requires government agencies to consider environmental consequences of their actions before approving plans and policies or committing to a course of action on a project. This process of consideration includes studies, environmental impact reports (EIRs), and public input to identify and mitigate any significant environmental impacts that might be associated with a project or action.
Public Resources Code Section 21083 provides the Office of Land Use and Climate Innovation with some guidance on how to define a “significant effect on the environment” in their publishing of the CEQA guidelines. However, the interpretation of what qualifies as a significant environmental impact remains a frequent subject of litigation costing taxpayers, developers, and environmental advocates tremendous amounts of time and money.
In 2024, the Little Hoover Commission (LHC) conducted a study on CEQA reform and provided recommendations to the Legislature in 2024. The report states “The governor and Legislature should establish clear parameters for significance thresholds and for analysis and mitigation of impacts, starting with those categories of impact that are most frequently the subject of litigation.” The commission further stated their belief that greenhouse gas emissions (GHG), vehicle miles traveled (VMT) analysis, and noise are among the categories of impact that feature the most uncertainty regarding their threshold of significance and are most likely to be litigated.
Proposal
SB 231 will provide greater clarity to the most uncertain and most litigated environmental impact categories including GHG emissions, VMT, and noise pollution by requiring the creation of a new appendix in the CEQA guidelines outlining best practices for identifying significance thresholds.