Chris Elmendorf Profile picture
The law prof at UC Davis, not the developer in San Diego. Dad. Denizen of San Francisco. Patron of Amtrak. Tweets are my own, not statements of UC.

May 10, 22 tweets

Watching @ezraklein grill the candidates for CA governor on housing policy was a vertiginous experience.

tl, dr: "Abundance" has won the war of ideas, but not the war of legislative attrition in Sacramento. And no one's talking about the second war.

🧵/21

First, the war of ideas: I had expected that at least one of the leading Dem candidates would try to separate from the pack by veering NIMBY.

It hasn't happened.

/2

Take SB 79 (transit-oriented upzoning) for example. Last fall, there was a huge NIMBY push for a gubernatorial veto, led by homeowners associations and @MayorOfLA.

Yet today, not one of the candidates is calling for a pause.

/3

Indeed, the day before the debate, the candidate who's had the least to say about housing, @XavierBecerra, dropped a new housing platform that calls for expanding SB 79.

/4

Or consider the "builder's remedy" for noncompliance with the state's fair-share planning law. (It allows developers to build huge apartment buildings almost anywhere in cities that lack an @California_HCD-approved housing plan.)

/5

Five years ago, the builder's remedy was a moribund, befuddling, never-used provision of state law.

Then it exploded, almost accidentally, due to a couple of seemingly unrelated changes in state law. It was ratified by the Leg in 2024.

/6

nytimes.com/2025/11/20/bus…

You might have thought that a moderate mayor like @MattMahanSJ, whose city got builder's-remedied while he was in office, would speak out against it. Not so!

/7

.@MattMahanSJ actually sang the praises of the builder's remedy, describing it as a huge improvement over lawyers and litigation for getting cities to relax zoning & other constraints on development.

(Listen from 44:30, )

/8

And surely *some* leading Dem would defend prevailing wage or skilled-and-trained mandates, arguing that the housing we need is union-built housing that pays a "fair wage."

Right?

(Recent research finds these mandates add nearly $100k to cost of delivering a new home.)

/9

Becerra's platform nods in this direction. Ezra challenged him.

Becerra answered that there should be ***no wage standard for projects up to 8 stories' tall***, the compromise embedded in @BuffyWicks's 2025 CEQA reforms.

(Listen from 16:45, )

/10

Then @katieporterca jumped in and said there should be no union-wage mandate on residential construction, period.

She bragged about being the only candidate at the @CaliforniaLabor forum who had the gumption to reject such union-wage mandates. (Listen from 26:30.)

/11

I could go on. The candidates basically all agreed that CA should:
- cap impact fees
- reform building code to allow lower-cost construction
- require speedy ministerial permitting, w/ a standardized application form
- backstop it all w/ builder's remedies

/12

So why my sense of vertigo?

Compare what the candidates said to what the Leg is actually doing...and failing to do. Right now.

/13

1⃣ SB 1216, the first "let's tie intergovernmental transfers to housing outcomes" bill of the @cayimby era, SB 1216, was just pulled by its author.

The opposition was too strong for it to survive even a single committee vote.

So much for prioritizing results over plans.

/14

2⃣ Housing leaders like @BuffyWicks have been talking about 2026 as the year the California will make it financially feasible to build housing at scale.

/15

Thus, I was hopeful that the Leg would roll the labor deal of Buffy's 2025 CEQA reforms into other state housing laws.

This would end "prevailing wage" for projects <85' tall (as @XavierBecerra urged at the forum), hugely boosting feasibility.

/16


Yet in 2026, "the year we're finally tackling the cost of construction," no CA Dem even introduced such a bill.

Worse, the Leg is actually backsliding on labor standards.

/17

An egregious bill (SB 1383) authored by a normally-stalwart YIMBY, @JesseArreguin, would prevent developers of mixed-income housing from using the State Density Bonus Law to get cost-saving exemptions from *municipal* labor standards.

/18

leginfo.legislature.ca.gov/faces/billNavC…

SB 1383 is unbelievably bad.

It removes developers' only avenue of relief from wildly infeasible local labor rules.

It's a standing invitation for cities to evade state housing law w/ novel labor standards & local-hire rules.

And It sailed thru its first committee votes.

/19

As @GavinNewsom has shown, a good governor can check such legislative shenanigans.

You do it w/ the veto pen.

You do it w/ budget leverage, pushing through reforms that benefit the diffuse public over opposition from concentrated interests.

/20

hypertext.niskanencenter.org/p/californias-…

But does anyone in the current crop of CA gubernatorial candidates have the mettle to do it?

I wish I knew.

Please listen to the candidates with this question front of mind: .

/end

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