Judicial Streamlining Legislative History
Previous legislation regarding Environmental Leadership Development Projects
SB 7 (Atkins, 2021) is the most recent legislation to provide judicial streamlining for certain CEQA lawsuits. This idea originated in AB 900 (Buchanan, 2011) but has been iterated over the years through various pieces of legislation.
Authorized the Governor to certify certain projects adhering to strengthened transportation, labor, and GHG mitigation standards as Environmental Leadership Development Projects (ELDPs). An ELDP was then entitled to a streamlined judicial review process achieved by vesting original jurisdiction in the court of appeal.
(Note: a trial court later held that the provision vesting original jurisdiction in the court of appeal was unconstitutional.)
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.
Extended the ELDP certification program until January 1, 2019, and added a requirement to unbundle parking on multifamily residential projects certified by the program.
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.
Authorized the Governor to certify the Clippers’ Basketball and Entertainment Center for judicial streamlining if certain criteria were met.
Authorized the Governor to certify the Oakland As’ Sports and Mixed-Use Project at Howard Terminal for judicial streamlining if certain criteria were met.