The state's environmental quality act was just gutted, and California will soon pay the price. Developers can now build dangerous industrial developments without analyzing and mitigating the very real harms their projects could cause for human communities and wildlife.
Now that California legislators and their staff are back from recess, they have an opportunity to fix some of the rollbacks and make sure Californians, beloved landscapes, and cherished wildlife are protected from the worst of SB 131, the recent budget trailer bill.
We've put together a quick guide that outlines some top-priority amendments. Read on for how legislators can make a difference for their constituents and the state at large.
Since 1970, the California Environmental Quality Act has provided a bill of rights for public health and the environment that California communities depend on.
The Act pushes public decision-makers to fully weigh the environmental risks from new development and craft a plan to address them before approving a project. It’s easy to disregard a careful analysis when it’s billed as burdensome bureaucracy — but set aside the rhetoric, and most Californians appreciate and rely on the environmental protections the Act provides for their communities.
In fact, the Act is often the only way that disadvantaged and frontline communities become aware of potentially damaging projects proposed in their neighborhoods. And this law provides a lifeline to wildlife too — helping ensure the state’s most vulnerable plants and animals are protected by ensuring their habitats are considered before bulldozers roll in.
But SB 131 upends these protections, exposing vulnerable people to greater harm from polluted air and water and California’s native species to greater risk of extinction.
There is some good news. Statements made by California leadership — on the floor and to members — show there's interest in quickly pursuing legislation to address some key problems in SB 131.
We urge legislators to act quickly and decisively to address two serious flaws in the bill:
Flaw #1: The bill's broad exemptions from environmental review apply even on land that provides necessary habitat for threatened and endangered species.
The solution: Adding to the definition of “natural and protected lands” so that it includes habitat for vulnerable wildlife and lands important for conservation plans will solve this problem and ensure that any projects proposed in those areas won’t be exempt from environmental review under the California Environmental Quality Act.
Flaw #2: The bill completely exempts “advanced manufacturing” facilities from environmental review, meaning that a toxic chemical-manufacturing plant could be put next to a school with no notice to the community or mitigation of harms.
The solution: Removing the advanced manufacturing exemption will make sure any potential new facilities that are extremely hazardous to the environment and public health cannot be exempt from environmental review under the Act. They can be built in California, but they shouldn’t circumvent environmental review or skip required mitigation that would otherwise protect harmed communities.
The California Environmental Quality Act was written more than 50 years ago to protect people, wildlife, and the environment. It has made California the nation’s environmental leader and protected our irreplaceable natural resources for decades.
Sacrificing our air, water, natural areas, and community health to appease private industry will only get us farther from our goal of achieving a sustainable, equitable, and resilient future for all Californians.
Legislators, please fulfill your commitment to address these concerns for our health and the environment by amending SB 131 as soon as possible.
Center for Biological Diversity | Saving Life on Earth
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