SACRAMENTO, Calif. (CN) — Governor Gavin Newsom has signed a housing bill into law in an attempt to tackle an environmental act he says is misused to stymie building projects.
Assembly Bill 1307 by Assemblywoman Buffy Wicks, an Oakland Democrat, stems from a February court ruling that stopped an affordable housing project at UC Berkeley. Now law, the legislation will remove residential noise as a significant environmental effect that can be considered under the California Environmental Quality Act (CEQA). It also removes a requirement that, when certain specifications are met, public universities must examine alternative sites for housing projects.
“California will not allow NIMBYism to take hold, blocking critically needed housing for years and even decades,” Newsom said in a statement. “I thank Assemblymember Wicks and all the legislative leaders for taking on the status quo and clearing the way for our state to build more affordable housing."
Newsom has signed over 70 bills to streamline construction processes, including over 20 that focus on CEQA reform.
At issue was a project that would have brought over 1,200 housing units, including 160 units for formerly unhoused people, at People’s Park — almost 3 acres owned by the University of California, Berkeley. The governor and Legislature put $100 million into the 2022-23 budget for the project. That funding is part of $4 billion in investments and planned grants for California community colleges, the California State University and University of California systems.
“AB 1307 reestablishes over 50 years of CEQA precedent and reaffirms that people are not pollution,” Wicks said in the release.
She added: “Just as importantly, AB 1307 provides more certainty for housing projects across the state, instead of more red tape and higher construction costs.”
Despite the new law, the state Supreme Court still has jurisdiction over the issue. The high court is considering an appeal of the appellate court ruling that led to Wicks’ bill, said Dan Mogulof, assistant vice chancellor at UC Berkeley, in an email.
Mogulof noted that Wicks’ bill provides no new exemptions under CEQA. The university is committed to complying with the environmental act and didn’t ask for People’s Park to be exempted from it. The university made an environmental impact report for the project, and the trial court found that it complied with CEQA. Wicks’ bill is consistent with that lower court’s decision.
“UC will ask the Supreme Court to consider the new statute when it issues its ruling,” Mogulof said. “The campus will resume construction of the People's Park project when the lawsuit is resolved and hopes that the new law will substantially hasten the resolution of the lawsuit.”
The university is committed to building student housing at the People’s Park construction site, Mogulof said.
Mogulof called the appellate court’s interpretation of CEQA “unprecedented” and thanked the governor and Legislature for their quick response. He said that ruling would have stopped students from accessing necessary housing while giving more power to the Not-In-My-Back-Yard crowd who want to stop new construction that would benefit students, the unhoused and low-income families.
Harvey Smith, president of the People's Park Historic District Advocacy Group, said his organization hasn’t yet spoken to its attorney about the bill’s passage. He also noted the high court hasn’t yet ruled.
“To us, the bill represents the epitome of special-interest legislation,” Smith said.
Smith said he’s not opposed to student housing, but it shouldn’t be a choice between the park and that housing. He called the park historic. It was placed on the National Register of Historic Places last year.
CEQA has long been a stumbling block for developers seeking to build everything from housing to vineyards to Dollar General stores.
California legislators have submitted several bills this session in an attempt to ease construction efforts.
Senate Bill 4 by Senator Scott Wiener, a San Francisco Democrat, would allow faith institutions and nonprofit colleges to build affordable housing on their property. It passed the Assembly Thursday and now returns to the Senate for a final vote on amendments.
Wiener also wrote SB 423, which would extend an existing law that helps streamline development of affordable housing. It also passed the Assembly on Thursday and has returned to the Senate.
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