California Enacts Two Notable Legislations to Be Extolled
In a move aimed at boosting housing construction, Governor Gavin Newsom of California has signed AB 130 and SB 131, exempting market-rate, infill housing development from environmental review under the California Environmental Quality Act (CEQA).
CEQA, a state law requiring government agencies to study, disclose, and mitigate the environmental impacts of their projects, has been a cornerstone of California's environmental policy for decades. However, critics argue that its complex and transactional politics have hindered development, particularly in urban areas.
Jason Sorens, a senior research fellow at the American Institute for Economic Research, believes that California needs to embrace an 'abundance mindset' to overcome these challenges. This shift, he suggests, would involve moving away from interest-group politics and pessimism about capitalism.
New York and Vermont, too, have exempted certain housing projects from environmental review. The relaxation of Vermont's environmentally motivated state-level permitting process for infill housing development resulted in a permitting rate increase of about 25 percent.
Not everyone is on board with the new CEQA exemptions, though. NIMBY environmentalists, organized labour, and law professor Eric Biber have expressed concerns and anticipate amendments. They argue that these exemptions could lead to environmental degradation and social inequality.
It's important to note that these new laws will not spur a dramatic increase in housing construction. Infill development is often more costly than greenfield development, and legislators often have close ties with municipal officials who oppose state zoning-preemption laws.
Governor Newsom has been vocal about his support for YIMBYs (Yes In My Backyard) and the 'abundance agenda.' He gave shoutouts to both when signing the bills, suggesting that this move is part of a broader effort to address California's housing crisis.
However, the political motivations behind these changes are not without controversy. Some believe that Governor Newsom may have twisted arms and dangled carrots to get these bills across the finish line, driven in part by his potential presidential ambitions in 2028.
California is one of only three states that subject local permitting decisions about private construction to environmental review, the others being Vermont and Washington. As the state grapples with its housing crisis, the impact of these new laws will be closely watched.
[Image Caption: A construction site in San Francisco, California. Photo by FREDERIC J. BROWN/AFP via Getty Images.]
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