California waives environment laws to speed utility rebuild after fires

California waives environment laws to speed utility rebuild after fires


In an ongoing initiative to accelerate recovery after the devastating firestorms in Los Angeles, Governor Gavin Newsom this week suspended environmental regulations in California for utility companies involved in rebuilding essential infrastructure.

His recent executive order waives compliance with the California Environmental Quality Act, commonly referred to as CEQA, as well as the California Coastal Act for utility companies tasked with restoring “electric, gas, water, sewer, and telecommunication infrastructure” in the burn areas of Palisades and Eaton.

Newsom also reiterated his support for the “undergrounding” of utility infrastructure wherever practical, stating that this will help mitigate future fire hazards in these neighborhoods.

“We are committed to rebuilding Altadena, Malibu, and Pacific Palisades stronger and more resilient than ever,” Newsom stated. “Accelerating the rebuilding of our utility systems will facilitate quicker returns for survivors and help prevent future fires.”

This action builds on previous executive orders from Newsom that also exempted reconstruction of homes and businesses that were destroyed or damaged in the fires, as well as wildfire prevention measures, from these two environmental statutes.

CEQA mandates that local and state agencies assess and mitigate the environmental impacts of their activities. The California Coastal Act, which established the California Coastal Commission permanently, sets forth regulations for coastal development and conservation.

While these laws are praised by environmental advocates, developers have long viewed their procedures as cumbersome, and residents and officials have called for reduced or waived requirements to hasten fire recovery efforts. The Trump administration has also expressed concerns about the California Coastal Commission, which customarily governs any coastal development under the state’s Coastal Act, and has indicated that additional federal funding might come with conditions that target the commission’s activities.

“The priority now is to ensure we rapidly address the need to underground not only traditional power utilities but also water and sewer lines simultaneously,” Newsom remarked in a video shared on social media this week.

Joshua Smith, a representative for the Coastal Commission, opted not to comment on the recent executive order.

In the past, the executive director of the commission clarified that coastal development permits are generally waived following disasters like the L.A. fires, provided that new constructions do not exceed the size of the damaged structures by more than 10%. However, this statement has since been removed from the commission’s website.

In a letter sent last month, Newsom encouraged Southern California Edison, the largest electricity provider in the region, to prioritize rebuilding lines underground in these affected areas.

“SCE has the chance to reconstruct a more modern, reliable, and resilient electric distribution system that can fulfill the community’s current and future requirements,” Newsom wrote, expressing interest in any information or suggestions that could facilitate such initiatives and keep expenses manageable.

Installing utilities underground is substantially more costly than standard above-ground installation, which has restricted its frequency.

David Eisenhauer, a spokesperson for Edison, stated that suspending CEQA and the Coastal Act will assist the utility’s ongoing efforts to rebuild and establish underground lines.

“We appreciate Governor Newsom’s measures to accelerate the permitting process,” Eisenhauer stated. “This will aid us in continuing our undergrounding efforts and help the communities recover stronger.”

Eisenhauer noted that SoCal Edison is already working to restore and relocate some of its electrical lines underground in the fire-affected regions. Much of this work had been pre-planned and permitted, including the relocation of 40 miles of line underground in Altadena and 80 miles in the Palisades area, he mentioned. However, this executive order will facilitate the permitting process for forthcoming work.

It is currently unclear how other utility companies might take advantage of the executive order, if at all. Representatives from Southern California Gas Co. and the L.A. Department of Water and Power did not immediately respond to requests for comments.

Newsom has asserted that his executive orders suspending these environmental statutes do not imply a shift in California’s commitment to such initiatives, although many environmental advocates are concerned that such broad exemptions could lead to significant ramifications in the future.

Bruce Reznik, executive director of Los Angeles Waterkeeper, a nonprofit organization that advocates for clean waters, acknowledged the necessity for swift rebuilding but emphasized the importance of maintaining a balance that respects critical environmental protections instead of issuing blanket waivers and exceptions.

“We all want to see the rebuilding progress as quickly as possible … but we must also be prudent about it,” Reznik stated. “We need to construct with a recognition of today’s climate change realities.”

He added that the natural environments in Altadena and Pacific Palisades were significant attractions for residents, highlighting the need to safeguard those areas — a priority echoed by CEQA and the California Coastal Act.

“These laws serve a vital role in ensuring that as we rebuild, we are doing so with an eye on climate resilience, safeguarding against future natural disasters … [and] protecting the health of our waterways and ecosystems,” he continued. “Regrettably, that has not been the approach taken by the governor, leading to concerns about the implications.”

Susan Jordan, executive director of the California Coastal Protection Network, remarked that Newsom’s ongoing exemptions contribute to worrying environmental practices observed after the fires, including the decision not to conduct soil testing in impacted regions.

“I hope that the governor eventually recognizes that the Coastal Commission is a willing partner and one of the best assets he has in his toolkit to ensure a swift, informed, and coordinated response to establish future long-term resiliency along the coast,” Jordan stated in a public statement.



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