Current policies that could be a template for regulatory revamping, according to the report: the state’s bolstering of accessory dwelling units, electric vehicle charging stations and certain environmental restoration projects.
But those “success stories” share a trait that points to what could be the most contentious aspect of the coming legislative package. All three are exempt from the California Environmental Quality Act, a 1970 law that requires governments to study and publish findings on the environmental impact of any decision they make, including the approval of new housing, transit or energy projects.
The act, pronounced see-kwah, is among the most fiercely debated in California politics. Opponents contend that the law is regularly hijacked by special interest groups, such as NIMBY property owners or organized labor unions, to stall projects for decidedly non-environmental reasons. They point to high profile court battles as examples of the act’s abuse, such as the case resolved by the state Supreme Court last year in which Berkeley neighborhood groups argued that the noise predicted to come from college student housing amounted to a pollutant under the law.
“If we want to reach our climate change goals, CEQA needs to be reformed,” Wicks said. “If we want to reach our housing goals, CEQA needs to be reformed.”
Defenders of the law say it is vital to deliberation, public input and transparency, keeping local and state governments and developers from running roughshod over vulnerable communities.
“Sometimes, for vulnerable communities, the act is the only tool available to have a seat at the decision making table,” said J.P. Rose, a policy director at the Center for Biological Diversity. “To brush all of that aside to say ‘that’s just permitting,’ I think that’s a misguided lens to address this issue.”
Lawmakers often carve specific exemptions into the law, but historically, making across-the-board changes to CEQA has been a heavy lift in Sacramento. Two years ago, Newsom rolled out plans to overhaul the law in order to speed up the approval of big, infrastructure projects. Many of its most ambitious proposals were sidelined. Last year, the Legislature tried to rush through a bill aimed at getting clean energy projects up and running more quickly (it failed).
Lawmakers are likely to spend plenty of time arguing about the act, no matter what happens to the permitting package. One bill, already in print, by San Francisco Democratic Sen. Scott Wiener, would make it easier for urban housing projects to exempt themselves from the law and for local and state governments to avoid having to conduct full environmental reviews for every aspect of each project. The senator dubbed it “the fast and focused CEQA Act.”
Rose, at the Center for Biological Diversity, said the bill “fires a shotgun at the heart of CEQA.”
Carter Rubin, a public transportation advocate with the Natural Resources Defense Council who testified to the select committee last year, said there ought to be a difference between the way regulators review projects that help achieve the state’s housing and climate goals and those that emphatically do not.
“We certainly would not support streamlining highway expansion or sprawl development that impacts ecosystems,” he said in a phone interview. “It’s really important that the Legislature focuses on shovel-worthy projects, not just shovel-ready projects.”
Wicks said she will put forward a housing bill on CEQA as part of the overall package.
“Right now, there are too many opportunities in the process to put a wrench in the gears,” she said. “There will be a cost for us Democrats on the ballot in the future if we don’t fix that problem.”