Abstract
In California and many other states, new development projects must undergo an environmental impact analysis as part of the approval process. In California, this happens through the California Environmental Quality Act (CEQA). While CEQA is designed to ensure thoughtful consideration of environmental effects, it can also invite litigation that can delay or derail projects, even for projects that may benefit the environment, such as transit oriented development (TOD).
TOD aims to reduce vehicle miles traveled (VMT) and its associated impacts, such as greenhouse gas emissions (GHGs), by locating housing, jobs, and amenities near high-frequency public transit. But when environmental review requirements delay or discourage TOD, the result can be to push development to less accessible areas, leading to more driving, more emissions, and fewer housing options— undermining the very goals CEQA was meant to protect.
In 2008, California passed Senate Bill (SB) 375, a major climate law aimed at promoting sustainable development. It included two CEQA streamlining provisions for TOD projects that meet specific criteria:
1. Full CEQA exemption for eligible “transit priority projects.”
2. Simplified CEQA review for qualifying transit priority projects through a process called a Sustainable Communities Enviromental Assessment (SCEA).
Anecdotal evidence suggests that the two provisions have not been very effective, but there had been limited empirical research to bear that out. Our research team quantified how much and where the provisions have been used. We also interviewed planning and development practitioners to assess how effective SB 375’s streamlining provisions have been when used, and how streamlining could be improved to better facilitate TOD projects.
