A Recent California Ballot Initiative Could Redefine the CEQA Review Process
A new California Ballot initiative titled the Building an Affordable California Act, filed by the California Chamber of Commerce, seeks to streamline the environmental review process under the California Environmental Quality Act (CEQA) for certain “essential projects.” If it garners sufficient signatures, the measure could appear on the November 3, 2026, statewide ballot. The initiative aims to accelerate environmental review and permitting for projects that support clean energy, housing, infrastructure, and public safety by adding Chapter 1.5 (starting at section 21010) to Division 13 of the Public Resources Code.
The ballot measure would apply to a broad range of “essential projects,” including those related to:
- Clean drinking water and secure water supply
- Hospitals and clinics
- Clean energy and reliable electricity
- Affordable housing
- Roads, bridges, and transit
- Wildfire prevention and resilience projects
- Broadband and telecommunications infrastructure
The measure would establish strict deadlines for environmental review and judicial proceedings under CEQA. Public agencies must determine whether an application is complete within 30 days of receipt, or the application is automatically deemed complete. Once complete, the lead agency must decide within 30 days which type of environmental document to prepare. The ballot measure would impose firm timelines for completing CEQA review:
- 365 days for Environmental Impact Reports
- 180 days for Negative Declarations or Mitigated Negative Declarations
- 90 days for Exemptions or project impacts evaluated under prior environmental documents
If an agency fails to meet a deadline, the applicant may request a public hearing that the agency must complete and issue a final decision within 60 days.
The ballot measure would also shorten public comment periods to 15 days for MNDs and 30 days for EIRs. It would also limit the administrative record to notices, studies, written and electronic comments submitted during the comment period or received at least 72 hours before a public hearing, and verbal testimony given at the hearing. Agencies must issue final decisions on any permit, authorization, or approval within 90 days after certification of an Environmental Impact Report, adoption of a Negative Declaration, Mitigated Negative Declaration or exemption determination.
The initiative also establishes accelerated judicial review procedures. CEQA challenges must be filed within 30 days of a Notice of Determination or Notice of Exemption, and courts must complete all trial and appellate proceedings within 270 days. The measure would replace the traditional independent judgment and prejudicial abuse of discretion standards with a substantial evidence standard of review, regardless of the CEQA determination.
If approved by the voters, the Building an Affordable California Act would represent one of the most significant CEQA reforms in decades. However, the broad and uncertain definition of “essential projects” could allow many projects to qualify, potentially overwhelming the courts under the measure’s shortened review timelines. Without further clarification, the proposal may create new procedural challenges that undermine its goal of streamlining approvals.
The Building an Affordable California Act ballot measure can be found here.
For more information on these legislative updates, please contact a BBK attorney within the Environmental Law & Natural Resources practice group.
Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.
