California
Will this bill be the end of California’s housing vs environment wars?
By Ben Christopher, CalMatters
This story was originally published by CalMatters. Sign up for their newsletters.
For years California has been stuck in a recurring fight between legislators who want the state to turbocharge new home construction and legislators determined to defend a landmark environmental protection law.
The final showdown in that long-standing battle may have just arrived.
A new bill by Oakland Democratic Assemblymember Buffy Wicks would exempt most urban housing developments from the 55-year-old California Environmental Quality Act.
If it passes — a big if, even in today’s ascendent pro-building political environment — it would mean no more environmental lawsuits over proposed apartment buildings, no more legislative debates over which projects should be favored with exemptions and no more use of the law by environmental justice advocates, construction unions and anti-development homeowners to wrest concessions from developers or delay them indefinitely.
In short, it would spell the end of California’s Housing-CEQA Wars.
“If we’re able to get it to the governor’s desk, I think it’s probably one of the most significant changes to CEQA we will have seen since the law’s inception,” said Wicks.
Wicks’ broadside at CEQA (pronounced “see-kwah”) is one of 22 housing bills that she and a bipartisan group of legislators are parading out Thursday as a unified “Fast Track Housing Package.” Wicks teed up the legislative blitz earlier this month when she released a report, based on the findings of the select committee she chaired last year, that identified slow, uncertain and costly regulatory approval processes as among the main culprits behind California’s housing crisis.
The nearly two dozen bills are a deregulatory barrage meant to blast away at every possible choke point in the housing approval pipeline.
Most are eye-glazingly deep in the weeds.
There are bills to standardize municipal forms and speed up big city application processes. One bill would assign state and regional regulatory agencies strict timelines to approve or reject projects and another would let developers hire outside reviewers if cities blow the deadlines. Different bills take aim at different institutions identified as obstructionist: the California Coastal Commission, investor-owned utilities and local governments throwing up roadblocks to the construction of duplexes.
Wicks’ bill stands out. It’s simple: No more environmental lawsuits for “infill” housing. It’s also likely to draw the most controversy.
“It’s trying something that legislators have not been willing to try in the past,” said Chris Elmendorf, a UC Davis law professor and frequent critic of CEQA. “And the reason they have not been willing to try in the past is because there are a constellation of interest groups that benefit from the status quo. The question now is whether those interest groups will kill this or there’s a change in the zeitgeist.”
A spokesperson for CEQA Works, a coalition of dozens of environmental, conservation, and preservation advocacy organizations, said the members of the group needed more time to review the new legislation before being interviewed for this story.
A spokesperson for the State Building and Construction Trades Council, which advocates on behalf of tens of thousands of unionized construction workers in California, said the organization was still “digging into” the details of the bill.
What’s the big deal?
The California Environmental Quality Act has been on the books since 1971, but its power as a potential check on development has ebbed and flowed with various court rulings and state legislative sessions. The act doesn’t ban or restrict anything outright. It requires government agencies to study the environmental impact of any decisions they make — including the approval of new housing — and to make those studies public.
In practice, these studies can take years to complete and can be challenged in court, sometimes repeatedly.
Defenders of how the law applies to new housing argue that CEQA lawsuits are, in fact, relatively rare. Critics counter that the mere threat of litigation is often enough to pare down or entirely dissuade potential development.
As state lawmakers have come around to the idea that the state’s shortage of homes is the main driver of California’s punishingly high cost of living — and a major political vulnerability for Democrats — CEQA has been a frequent target.
Until now, attacks on the law have generally come in the form of selective carve-outs, conditioned exemptions and narrow loopholes.
“If we’re able to get it to the governor’s desk, I think it’s probably one of the most significant changes to CEQA we will have seen since the law’s inception.”
Buffy Wicks, Assemblymember, Democrat, Oakland
There’s the law that lets apartment developers ignore the act — but only so long as they set aside some of the units at a discount and pay their workers union-level wages.
A spate of bills from two years ago waived the act for most homes, but only if they are reserved exclusively for low-income tenants.
There was the time a CEQA lawsuit held up a UC Berkeley student housing project over its presumptively noisy future tenants and the Legislature clapped back with a hyper-specific exemption.
Wicks’ new bill is different, in that the exemption is broad and comes with no strings attached. It would apply to any “infill” housing project, a general term for homes in already built-up urban areas, as opposed to fresh subdivisions on the suburban fringes.
That echoes a suggestion from the Little Hoover Commission, an independent state oversight agency, which made a series of “targeted reform” proposals to the environmental law last year.
“California will never achieve its housing goals as long as CEQA has the potential to turn housing development into something akin to urban warfare—contested block by block, building by building,” the report said. “The Commission recommends that the state exempt all infill housing from CEQA review— without additional conditions or qualifications.”
Wicks bill defines “infill” broadly as any housing in an urban area that’s either been previously developed or surrounded by developed lots and doesn’t sit on a wetland, a farm field, a hazardous waste site or a conservation area.
The site also has to be less than 20 acres to qualify for the exemption, but at roughly the size of 15 football fields, that’s not likely to be a limiting factor for most housing projects.
One possible rub: When a housing project varies from what is allowed under local zoning rules and requires special approval — a common requirement even for small housing projects — the exemption would not apply.
Enter another bill in the housing package, Senate Bill 607. Authored by San Francisco Democratic Sen. Scott Wiener, that bill would also exempt those rezonings from CEQA if the project is consistent with the city’s state-mandated housing plan.
“Put the two bills together and it’s really a dramatic raising of the ante in terms of what the pro-housing legislators are willing to put on the table and ask their colleagues to vote for,” said Elmendorf.
An environmental case against the Environmental Quality Act?
Environmental justice advocates regularly use the law to block or extract changes from developments that they argue will negatively affect low-income communities. Developers and lawyers regularly claim that organized labor groups defend the law to preserve it as a hard-nosed labor negotiation tool. Well-to-do homeowners who oppose local development projects for any reason may turn to CEQA to stall a project that otherwise passes muster on paper.
All these groups have pull in the California capitol. That may be one reason why this kind of bill hasn’t been introduced in recent memory.
Wicks said she thinks California’s Legislature may be ready to take up the cause. The severity of the housing crisis, Democratic electoral losses over the issue of unaffordability, and the urgency to rebuild in the wake of the Los Angeles wildfires all have created a “moment” for this argument, she said.
She, and other supporters of the bill, also insist that the cause of the environment is on their side too.
“I don’t view building infill housing for our working class communities in need as on par with drilling more oil wells in our communities, yet CEQA is applied in the same way,” she said.
Researchers have found that packing more homes into already-dense urban areas is a good way to cut down carbon emissions. That’s because living closer to shops, schools, jobs and restaurants mean more walking and biking and less driving, and also because downtown apartments, which tend to be smaller, require less energy to heat and cool.
Even if infill is, in general, more ecologically friendly than sprawl development, that doesn’t mean that a particular project can’t produce a wide array of environmental harms. In a letter to the Little Hoover Commission, the California Environmental Justice Alliance, a nonprofit member of CEQA Works, highlighted the 2007 Miraflores Senior Housing project in Richmond.
A final environmental impact report for the project “added strategies to mitigate the poor air quality, water quality, and noise impacts” associated with the development and “included plans to preserve the historic character of buildings, added key sustainability strategies, and improved the process for site clean up.” That report was certified by the city in 2009.
Jennifer Hernandez, a land-use attorney and one of the state’s most prolific critics of CEQA, said local permit requirements and public nuisance rules should be up to the task of addressing those problems, no outside litigation required.
“The whole construct of using CEQA to allow the dissenting ‘no’ vote, a community member with resources, to hold up a project for five years is just ridiculous,” she said. “It’s like making the mere act of inhabiting a city for the people who live there a harm to the existing environment.”
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
California
GOP California governor candidates to face off at Clovis forum ahead of primary
With California’s June 2nd primary election nearing, Republican candidates for governor, Steve Hilton and Sheriff Chad Bianco, are set to appear at a forum in Clovis.
The Fresno County & City Republican Women Federated is hosting its “Celebrating 250 Years of America Dinner” and a gubernatorial forum on Friday, May 22nd, at The Regency Event Center, 1600 Willow Ave., in Clovis.
The forum will be moderated by State Senator Shannon Grove.
The discussion is expected to focus on major issues facing Californians, with questions presented via video by a panel of state and local figures, including Fresno County District Attorney Lisa Smittcamp on public safety and crime; former Fresno County Sheriff Margaret Mims on border control and citizenship; William Bourdeau of Bourdeau Farms LLC on water rights and agricultural issues; California state Assemblymember David Tangipa on taxation and fiscal responsibility; Jonathan Keller of the California Family Council on parental rights and education; and Matthew Dildine, CEO of Fresno Mission, on homelessness and mental health.
Clovis Mayor Pro Tem Diane Pearce and Fresno County Supervisor Nathan Magsig are listed as masters of ceremonies.
Doors are scheduled to open at 4:30 p.m., followed by a social hour at 5 p.m. Dinner and the program are set for 6 p.m.
Attire is listed as cocktail or business formal. Organizers said a portion of the proceeds will benefit the Veterans Home of California – Fresno.
GOP California governor candidates to face off at Clovis forum ahead of primary (Courtesy: Fresno County & City Republican Women Federated)
[RELATED] Top-two primary could pit same-party rivals as crowded Democratic field fractures votes
“This forum comes at a pivotal moment for our state,” FCCRWF event organizers said. “Bringing the top Republican gubernatorial candidates to Clovis allows Valley families, farmers, and business owners to get real answers on the issues that affect their daily lives, from water infrastructure to public safety and the skyrocketing cost of living.”
Individual tickets are $150, with discounts offered to FCCRWF members.
Table sponsorships are available at the $1,500, $2,500 and $5,000 levels.
Tickets and sponsorships are available online at FresnoRepublicanWomen.org.
California
Amazon halts high-speed e-bike sales in California following fatal crashes
Orange County’s top prosecutor said Amazon has agreed to stop California sales of certain e-bikes that can go faster than state speed limits following a series of fatal collisions.
The announcement, first reported by KCRA, comes on the heels of an April consumer alert by California Attorney General Rob Bonta that highlighted a rise in deaths related to e-bike and motorcycle crashes.
“We are seeing a surge of safety incidents on our sidewalks, parks, and streets,” Bonta said in a statement. “To ride a motorcycle or moped, you need to have the appropriate driver’s license and comply with rules of the road.”
Bonta’s alert stated that pedal-assisted e-bikes cannot exceed 28 mph. Throttle-assisted e-bikes are limited to 20 mph.
Amazon had continued to sell e-bikes with speeds over 40 mph. Amazon did not immediately respond to a request for comment.
Electric bikes and motorcycles have become increasingly popular in the last few years, particularly among teens. But the surge has been shadowed by a spate of deadly crashes.
Orange County Dist. Atty. Todd Spitzer has charged at least three parents with allowing their children to ride electric motorcycles illegally, calling the vehicles a “loaded weapon.”
Spitzer noted in a post on X that Amazon said it removed e-bikes advertised with speeds over 40 miles per hour after KCRA contacted the company.
“The company said it has removed the examples provided and is investigating compliance for similar products,” Spitzer wrote.
That includes an Orange County mother, who faces an involuntary manslaughter charge after her son allegedly struck an 81-year-old man with an electric motorcycle. The 14-year-old boy had been doing wheelies on an e-motorcycle
A 13-year-old boy on an e-bike in Garden Grove died earlier this week after veering into the center median and hurtling onto the roadway. The boy was traveling at around 35 mph on a black E Ride Pro electric motorcycle, authorities said.
Amazon’s new sales limits come as the Los Angeles City Council pushes to keep electric bikes of off most city recreational trails, arguing they are a threat to hikers. E-bikes would still be allowed on designated bikeways, such as along the L.A. River.
California
After exile, California tribes could help run their ancestral redwoods again
Daniel Felix, 10, looks out from atop a gargantuan stump of an old-growth redwood on his tribe’s ancestral land. Once, this forest on California’s North Coast was replete with the ancient behemoths that can live beyond 2,000 years.
Only a fraction are left now, depleted by a logging company before the state acquired the forest in the 1940s.
This is unique public land, Jackson Demonstration State Forest, spanning 50,000 acres. Trees are plentiful here, but they might not live a millennium. California’s 14 demonstration forests are required to produce and sell timber to show — or “demonstrate” — sustainable practices. Money from logging — roughly $8.5 million a year — pays for management of the forests by the California Department of Forestry and Fire Protection, or Cal Fire.
Daniel’s tribe, the Coyote Valley Band of Pomo Indians, has pushed to rein in the cutting — spearheaded by his late great-grandmother, Priscilla Hunter. They’re part of a diverse coalition that includes environmental activists, local politicians and other tribes.
Now they may finally get their wish. Assemblymember Chris Rogers (D-Santa Rosa) has introduced a bill that would nix the forests’ logging mandate, instead prioritizing values such as carbon storage, wildfire resilience and biodiversity.
The bill represents the latest chapter in a region legendary for fierce battles over logging, and it marks an uncommon alliance between tribes and the environmental movement.
Under Assembly Bill 2494, there could still be logging, but it would have to support those new principles, and the forests would be funded differently.
And it proposes another significant change. It would pave the way for giving tribes a say in managing the lands for the first time since they were forcibly evicted more than a century ago, and for integrating Indigenous knowledge — like cultural burning — into the forests.
“It’s what we dreamed of,” said Polly Girvin, Hunter’s former partner and a retired lawyer focused on Native American issues. “And to have it come true? I’m used to movements that sometimes take 30 years in Indian Country to get to the justice you’re seeking.”
Kids play in the stump of an ancient redwood during a potluck held after the spirit run in Jackson Demonstration State Forest last month.
(Paul Kuroda / For The Times)
Some backers say the bill offers a new economic path forward for communities behind the so-called redwood curtain. With the decline of logging and cannabis, they see tourism driven by ultramarathons, mushroom foraging and other outdoor activities as a financial savior.
“If we had an increase of 10% of visitors coming to our county because of recreational opportunities, that would more than surpass all of the timber tax in our county,” Mendocino County Supervisor Ted Williams said, projecting an increase in money from a lodging tax.
But the push to reshape forest management is fiercely opposed by loggers and mill owners, who say their work is sustainable and provides blue-collar jobs in a region where they’ve dwindled. Already California imports most of its wood from Oregon, Washington and Canada.
“California has the most rules and regulations of anywhere in the world so all they’re doing is exporting the environmental impact to somewhere else, still using the product,” said Myles Anderson, owner of a logging company in Fort Bragg founded by his grandfather. “It’s pretty disgusting, really.”
Anderson believes the bill will greatly reduce logging, even stop it altogether. In his office, with photos of him and his father at a logging site decades ago, he points out it’s sponsored by the Environmental Protection Information Center. Why else would they and other environmental groups “support it if they didn’t see the same thing that I’m seeing?”
Last month, activists who have sought to rein in logging at Jackson held their first major gathering in about four years, galvanized by the bill that they see as a significant step in the right direction.
(Paul Kuroda / For The Times)
A new but old fight
About five years ago, community members caught wind of plans to chop down towering redwoods within Jackson, near the coastal town of Caspar. Priscilla Hunter would come out to the forest “and could hear them crying — it was our ancestors,” said her daughter Melinda Hunter, the tribe’s vice chairwoman. “Then she had to protect [the trees].”
Environmental activists and Native Americans, not historically allies in the region, joined forces to fight it. “Forest defenders” camped out high in the canopy and blocked logging equipment with their bodies. Some were arrested.
The uprising harked back to the 1980s and 1990s, when iconic environmentalist Judi Bari led Earth First! campaigns against logging in the region. Many of the old tree sitters — white-haired and brimming with stories of Bari — have come out of the woodwork for the latest battle.
For them, it was a win. Cal Fire paused new timber sales and, citing public safety, halted some that were underway — including one expected to generate millions of dollars for Myles Anderson’s logging company.
“We were left with nothing,” Anderson said.
Then, last year, Cal Fire approved the first harvest plan since that hiatus. It riled up the sizable, ecologically minded community.
Jessica Curl, 47, remembers growing up nearby “in a terrain of trunks” as trucks carried out logs. Now the redwoods are regrowing, “gorgeous” and gobbling carbon, she said.
“We’re so lucky to live in an area where we have this amazing climate-change mitigation tool, that if we would just leave it alone would do this amazing work that we’re trying to think of all these cool, inventive things to do.”
Isidro Chavez receives burning sage, or smudging, after a run in Jackson Demonstration State Forest. Smudging is a ritual used to cleanse spaces and individuals of negative energy, promote calm and improve mood.
(Paul Kuroda / For The Times)
Tears of grief, resolve
A group of “spirit runners” — a Native American tradition of bringing prayer — sprinted through the heart of Jackson forest as rain poured through the canopy. The mid-April event marked activists’ first major gathering since protests wound down in 2022.
Attendees gathered in a circle to wait for them. Misty Cook, of the Sherwood Valley Band of Pomo Indians, read a statement as eyes misted all around:
“All the living things around us, they miss us. They miss the language. They miss our touch, our hands, touching all of the things — the water, the plants. They miss the songs. They miss the beat of our footsteps and our voices, and they miss the children’s laughter and play, which was so important. They want us to gather them, to use them and to share them. Otherwise they will get sick and possibly die.”
Cal Fire launched a tribal advisory council to bring Indigenous perspective into Jackson. But some local tribes say it’s not enough because they lack decision-making power.
When the runners arrived, the circle absorbed them. Then they continued on to the site of a controversial proposed harvest, Camp Eight. They wrapped a bandana that belonged to Priscilla Hunter around a small tree — a quiet, somber act where she took her last stand. Runners took turns embracing the trunk.
Redwoods at the Capitol
In March, Rogers’ bill cleared a committee and is now in the Assembly Appropriations Committee’s suspense file. A hearing is set for Thursday.
Funding is a major point of contention. Environmentalists say funding these forests with timber operations incentivizes cutting bigger trees. Cal Fire maintains decisions are driven by forest health, not industry demand.
AB 2494 would fund the forests through a tax on lumber and engineered wood products. The shift could create “[o]ngoing state costs and cost pressures of an unknown but potentially significant amount, possibly in the low millions of dollars annually,” according to a legislative analysis.
The California Forestry Assn., a timber industry trade group, says the idea is a nonstarter.
Cal Fire declined to comment on pending legislation but Kevin Conway, the agency’s staff chief for resource protection and improvement, said its nearly 80-year history managing Jackson reflects “care and attention.” Since the state acquired the forest, “we have more trees on the landscape, more habitat and those trees are trending larger,” he said.
For the tribes who have rallied and prayed, a burning question is whether the land will again reflect their vision, or remain shaped by decisions made by others.
Buffie Campbell, executive director of the InterTribal Sinkyone Wilderness Council — co-founded by Priscilla Hunter and one of the groups supporting the bill — said young people wouldn’t be able to fathom the significance of the legislation passing. Maybe that’s a good thing.
“Maybe they don’t need to know about all the fighting that we have to do before they get to go out and enjoy and be tribal guardians stewarding their land.”
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