Donna Frye: Public Gets Kicked in the Gut — Part 2

Contact Governor Newsom Immediately to Veto SB 344 -the Midway Rising Gut-and-Amend Bill

By Donna Frye

[Here’s Part 1]

If you’ve been following the Midway Rising development project for the past many years, you know how complicated it has become. The project being proposed includes a new sports arena and housing development in the Midway area that “was once part of the river bottom and alluvial flood plain area of the San Diego River.”

Most recently, state legislation (SB 344) was introduced at the very last minute and passed via a shameful gut-and-amend political maneuver by the state legislators.

It’s been difficult to watch this process play out and not feel disconnected from the elected officials who are supposed to represent us. But it’s no wonder especially when our representatives work so hard to shut us out of the process.

That being said, we still have to do something to try and stop SB 344 from being signed into law.

Next Step for SB 344

The legislation is now on Governor Newsom’s desk and is waiting to be signed or vetoed before September 30.

You can make a phone call, write a letter or use the form to let him know your position. Time is of the essence.

If you use the form to send a message, please be aware that if you select “An Active Bill” as the Topic option, SB 344 will not be listed as an option in the drop-down menu that asks “What Specific Bill?”  I am guessing that’s because SB 344 was jammed through the legislative process so quickly that even the governor’s own website isn’t yet able to track it.

In order to send a message about SB 344 using the form, select another option as the Topic such as “Environment Issues/Concerns” or “OTHER”.

Contact information: https://www.gov.ca.gov/contact/

Below is the letter I sent to Governor Newsom on September 8.

Dear Governor Newsom,

Please veto SB 344, a gut-and-amend bill that will deny the public a legal remedy to challenge in court the current environmental documents for the Midway Rising project in San Diego.

SB 344 does this “…by shielding the City of San Diego from judicial review of its CEQA actions” and declaring that, “…the City of San Diego’s Midway Rising Specific Plan Subsequent Environmental Impact Report (SPSEIR), which is pending certification by the City, fully complies with the California Environmental Quality Act (CEQA).”

As you may or may not know, this legislation was driven, in large part, by the City of San Diego’s failure to prepare adequate Environmental Impact Reports for the Midway Rising project. The City of San Diego was sued in court and lost because of those past failures.

It defies common sense to reward the City of San Diego for its failures, while at the same time penalizing the public by eliminating our ability to exercise any legal remedy if the documents prove once again to be legally deficient. Without proper environmental analysis, how can adequate mitigation measures be identified to address the negative environmental impacts?

Wouldn’t it make more sense to ensure that the City of San Diego’s environmental impact report for the project meets all the legal CEQA requirements instead?

You are no doubt aware that the public’s right to know and participate in government decisions are critical and key parts of good government. SB 344 fails on both counts and adds insult to injury by suspending or ignoring common sense rules that were put in place to prevent these type of gut-and-amend tactics.

For example, I have yet to hear any of the legislators who voted  for SB 344 explain how the bill’s original 2025 language (burial/scattering of ashes at sea) is germane to the current language (shielding the City of San Diego from judicial review of its CEQA actions for the Midway Rising development).

It appears this question will not be answered since none of the elected officials who voted for it raised the issue at any of the rushed hearings. I suspect if anyone had, there wouldn’t have been enough hoops available for them to jump through to explain something that defies all logical analysis or common sense.

But you could ask that question. You could stand up for the public and common sense. You could ensure that the public does not lose access to the CEQA judicial review process. You could exercise your authority and send a message that you respect the public process under CEQA and believe it is worth protecting and preserving.

You could veto SB 344 and I respectfully request that you do.

Thank you,

Donna Frye