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OCII adopts CEQA appeal procedure for state-designated 'environmental leadership' projects
Summary
The commission adopted an OCII procedure allowing members of the public who commented at the hearing to file appeals on certified EIRs for state-certified environmental leadership projects; staff said the process complements the state's expedited litigation pathway and creates a 10-day appeal window to OCII prior to forwarding meritorious appeals to the Board of Supervisors.
The Commission on Community Investment and Infrastructure on June 2 adopted a procedure for handling appeals of certified environmental-impact reports (EIRs) for projects designated by the governor as "environmental leadership" projects.
Jim Morales, interim general counsel, said the procedure allows members of the public who appeared at the EIR hearing or submitted written comments to file an appeal within 10 days after certification. OCII staff then have five days to review the appeal for merit; if the appeal is deemed meritorious, the appeal and relevant materials are forwarded to the San Francisco Board of Supervisors for a hearing under the board's established CEQA-appeal procedures.
Why it matters: State law created an "environmental leadership" designation that makes litigation challenging EIRs subject to an expedited schedule (270 days). Morales said the OCII procedure aims to give the public a clear administrative route to raise concerns and to provide the Board of Supervisors the opportunity to consider appeals before litigants seek judicial review.
Morales noted that the Golden State Warriors' proposed arena/mixed-use project had been certified by Gov. Brown as an environmental leadership project and that the office expected draft EIR documentation to be published imminently; under the state process, environmental challenges for such projects are prioritized for rapid resolution. The proposed OCII procedure applies to environmental leadership projects certified by the governor and concurred by the legislative budget committee.
The commission voted 4-0 to adopt the procedure. A public speaker supported the change during the hearing, and commissioners asked only a minor, non-substantive edit to remove an extra word in the draft notice language.
What's next: The adopted procedure will govern how OCII receives and screens appeals on certified EIRs for environmental leadership projects; meritorious appeals will be forwarded to the Board of Supervisors for further action.
