Legislative History
Previous legislation regarding judicial streamlining
SB 149 (Caballero, 2023) is the most recent legislation to provide judicial streamlining for certain California Environmental Quality Act (CEQA) lawsuits. This idea originated in AB 900 (Buchanan, 2011) and various pieces of legislation have iterated it over the years
Timeline
AB 900 (Buchanan, 2011)
As the field of climate adaptation continues to evolve, so too does our understanding of how to secure investments that support climate adaptation strategies and resilient communities. Many local jurisdictions across California have started incorporating climate change considerations into local planning efforts, however many jurisdictions face significant barriers to implementation due to financing and funding challenges. Given the relative newness of the field of practice, there are a limited number of guidance resources currently available.
(Note: a trial court later held that the provision vesting original jurisdiction in the court of appeal was unconstitutional.)
AB 743 (Steinberg, 2013)
Reauthorized the ELDP certification program until January 1, 2017, and amended the judicial streamlining process. Tasked the Judicial Council with establishing fast-tracked rules of court that allowed a CEQA lawsuit filed on an ELDP project to be resolved within 270-days after going through both the trial court and court of appeal.
AB 734 (Galgiani, 2016)
Extended the ELDP certification program until January 1, 2019, and added a requirement to unbundle parking on multifamily residential projects certified by the program.
AB 246 (Santiago, 2017)
Extended the ELDP certification program until January 1, 2021, and increased the certification requirements of the project to be LEED gold or better; increased the transportation efficiency to a 15% or greater standard; and required the project applicant to demonstrate compliance with requirements for commercial and organic waste recycling, as applicable.
AB 987 (Kamlager-Dove, 2018)
Authorized the Governor to certify the Clippers’ Basketball and Entertainment Center for judicial streamlining if certain criteria were met.
AB 734 (Bonta, 2018)
Authorized the Governor to certify the Oakland As’ Sports and Mixed-Use Project at Howard Terminal for judicial streamlining if certain criteria were met.
SB 7 (Atkins, 2021)
Revived the ELDP certification program until January 1, 2024, and expanded the list of eligible projects to include infill housing developments that invest between $15 million and $100 million.
SB 149 (Caballero, 2023)
SB 149 (Caballero, 2023) extended the ELDP Certification sunset date to January 1, 2023, and created a new streamlining path for infrastructure projects related to water, transportation, and energy, and semiconductor or microelectronic projects.