An assemblywoman has introduced legislation that could seriously weaken developers' control over the environmental review process for their projects.
The bill was triggered by allegations that a homebuilder was able to conceal and destroy an endangered plant on the site of a planned subdivision in Los Angeles County.
If the bill overcomes significant opposition from the building industry -- which contends the approach would needlessly complicate the planning process -- it could radically alter the way developments are approved in many jurisdictions, including the city and county of Los Angeles. It could also be one of the first tests of the Legislature's willingness to support controversial environmental laws.
Under AB 406, introduced by Assemblywoman Hannah-Beth Jackson (D-Santa Barbara), developers would be prohibited from directly hiring the consultants who write environmental impact reports, which evaluate possible harmful effects of the development. The legislation would also prohibit developers from imposing confidentiality agreements on consultants who have done work on the project.
Los Angeles County and a number of other local governments now allow developers to write the documents themselves. Government officials say they do so because they lack the money and staff members to do the work on their own, though they insist they have the final say on the documents.
Environmentalists, however, have long maintained that the practice gives builders an unfair sway over the outcome of controversial building projects.
"In some of these cases there [are] millions and millions and millions of dollars at stake," said Sandy Spelliscy, general counsel to the Sacramento-based Planning & Conservation League. "And what makes more sense -- a neutral party hiring the consultant, or someone with a financial interest [the developer] hiring the consultant?"
To support their argument, activists cite the controversy surrounding the proposed 21,600-home Newhall Ranch subdivision in northwest Los Angeles County. The developer, Santa Clarita-based Newhall Land & Farming Co., forced its environmental consultants to sign confidentiality agreements that prohibited them from sharing study findings with anyone -- including government officials.
