Focus

California Supreme Court reinforces CEQA’s definition of a project

Allen Matkins – August 26

In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court considered the definition of a "project" under the California Environmental Quality Act (CEQA). The Court held that a lead agency needs to consider reasonably foreseeable direct and indirect potential physical impacts on the environment at the outset of the CEQA process and rejected the efforts of the City of San Diego to delay the environmental analysis of a zoning ordinance to a later date. As a consequence of the ruling, lead agencies may be forced to analyze the potential indirect impacts of activities, like zoning code changes, previously thought to be outside the reach of CEQA. This case is important because the determination of what activities constitute a "project" is the first step in the CEQA evaluation process. If a proposed activity is found not to be a "project," a lead agency may proceed without further CEQA review. The result of this case may well be that public agencies take a more conservative view and determine many more activities constitute a project, thus subjecting such activities to further CEQA review.

News

Southern California must plan for 1.3 million new homes in the next decade, Governor Newsom says

Los Angeles Times – August 22

Cities and counties in Southern California will have to plan for the construction of 1.3 million new homes in the next decade, a figure more than three times what local governments had proposed over the same period, according to a letter released by state housing officials. The decision is sure to intensify a clash between cities in the region and Governor Gavin Newsom over the need for new construction to alleviate the state’s housing crisis. Newsom and allies in the Legislature have called for 3.5 million new homes to be built statewide by 2025 in an effort to end a shortage of available homes that is driving up prices. Local government officials, including many in the Los Angeles area, have been frustrated by the state’s efforts to push for greater growth in their communities and to take away some of their control over development.

San Mateo adopts new green building codes

The Daily Journal - August 24

In an effort to support sustainable construction in San Mateo, city officials approved incentives for developers of new projects in the city to electrify their buildings, install solar panels, and expand the capacity of parking spaces to charge electric vehicles. Andrea Chow, the city’s sustainability analyst, said the city adopted reach codes in 2016 when the state’s codes were last updated, and opted to explore rules regarding electrification of buildings, solar panels, and electric vehicle charging readiness during the 2019 building code cycle.

Sacramento City Council approves rent control measure

The Sacramento Bee – August 13

The Sacramento City Council has approved a rent control and tenant protection measure, moving up the date it will take effect in an attempt to prevent landlords from evicting tenants before the new regulations are implemented. The act will create a set of renter protections for tenants who live in housing built prior to February 1, 1995. The ordinance will cap the amount that landlords can increase rent each year at 6 percent plus inflation, prohibit landlords from evicting tenants without a reason, and create a process where tenants can report landlords who violate the act. The act will prohibit landlords from raising rent more than 6 percent plus inflation, based on the “consumer price index” percentage for the West Region per year. The council moved up the date the act will take effect from October 12 to September 12.

CPUC approves electric charging stations for large vehicles and trucks in San Diego

PV Magazine - August 19

The California Public Utilities Commission (CPUC) has approved a plan proposed by San Diego Gas & Electric (SDG&E) to build charging infrastructure for up to 6,000 plug-in medium-duty and heavy-duty electric vehicles, including transit buses, school buses, delivery trucks, and forklifts. The program is scheduled to last five years and has a budget of $107.4 million. The agency also approved a new vehicle-to-grid pilot for 10 electric school buses with a budget of $1.7 million. SDG&E noted that approximately 41 percent of California’s greenhouse gas emissions come from transportation, while in San Diego it is closer to 50 percent.

New CPUC efficiency goals are equivalent to reducing 658,000 cars-worth of GHGs

Utility Dive – August 19

The California Public Utilities Commission (CPUC) last Thursday adopted new energy efficiency goals for the state's electric and gas utilities, covering the period from 2020 to 2030. Regulators say savings from the first two years will reduce greenhouse gases as much as pulling more than 658,000 cars off the road. The commission's order addresses the findings of the 2019 Energy Efficiency Potential and Goals Study, which identified a decrease in potential energy efficiency savings from utility rebate programs. The new savings targets will not include savings from appliance recycling programs, as there are questions about their cost effectiveness and the programs have not been used in recent years.

San Francisco International Airport bans sale of small plastic water bottles

ABC News – August 20

A ban on the sale of plastic water bottles under 1 liter at San Francisco International Airport (SFO) went into effect in mid-August, but travelers still have the option of buying water in larger sizes. All of the airport's restaurants, retailers, lounges, and vending machines will be required to sell water in recyclable aluminum, glass, or BPI-certified bottles, according a statement released by the airport. The new rule applies to all water, but does not include a ban on sodas, teas, or juices. SFO is hoping to achieve zero waste by 2021.