California Environmental Quality Act: grounds for noncompliance.
Impact
If passed, AB 340 would change the existing legal framework regarding how challenges to public agency decisions are presented. By enforcing a preemptive deadline for written comments, the bill could significantly reduce the volume of late objections brought before courts, which may expedite project approvals. Proponents argue that it would encourage effective public participation while still maintaining the integrity of the review process. However, there could be implications for transparency regarding community involvement in environmental matters.
Summary
Assembly Bill 340, introduced by Assembly Member Vince Fong, seeks to amend Section 21177 of the Public Resources Code, specifically addressing compliance with the California Environmental Quality Act (CEQA). The bill mandates that any person wishing to challenge a project approved by a public agency must present their grounds for noncompliance in writing at least 10 days prior to the public hearing. This requirement aims to streamline the process by ensuring that relevant objections are made known to the agency well in advance, thereby facilitating an orderly review process.
Contention
The bill may face opposition from environmental advocacy groups and individuals concerned about limiting public participation in the CEQA process. Critics argue that imposing a strict timeline could disenfranchise community members who may only discover issues after the 10-day submission window has closed. Furthermore, there are concerns that this amendment could favor developers by making it more challenging for residents to challenge projects that may negatively impact their environment or quality of life.