Chris Elmendorf Profile picture
Jun 26 15 tweets 4 min read Read on X
For years, California environmentalists have been MIA or worse on an absolute no-brainer of green policy: building dense housing near transit.

Are changes afoot? ⤵️

Maybe! But @NRDC's SB 79 support letter also shows persistence of addled Groups-blob thinking.

🧵/14.
First, some context:

- How I came to be an environmentalist without a home in the environmental movement,


/2
- How CA enviros were duped or white-guilted into letting greenfield developers get their dream policy enacted, even as the same orgs continued to fight infill housing,

/3motherjones.com/environment/20…
A @Scott_Wiener bill now pending in the legislature, SB 79, would upzone land within 1/2 mile of fixed transit for 65'-75' apartment & condo buildings, regardless of underlying zoning.

/4
As introduced, the bill was distinctive for its plain-bagel character.

It did not require projects to provide money-losing affordable housing, or to use high-cost labor, as a precondition of approval.

/5


But, w/o enviro support, it was a slog to get SB 79 through the legislative committees.

The bill initially stalled out at Senate Appropriations. Then it was rescued by the addition of an affordability mandate patterned on the state's Density Bonus Law.

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Now lets dig into @NRDC's new SB 79 support letter.

It opens w/ a perfunctory recitation of enviro benefits of dense infill development near transit (less VMT/GHG, less sprawl into environmentally sensitive lands).

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This is followed by two paragraphs of hand-wringing about the "complex[ities]" of "striking an appropriate balance" b/t market-rate and low-income development via BMR mandates. Oof.

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NRDC expressly conditions its support on SB 79's 11th-hour IZ mandate.

Going further, NRDC calls for a "stronger statewide floor for affordable housing requirements." Oof.

/9
Nowhere does @NRDC acknowledge that California's imposition of an unfunded IZ mandate on housing near transit will mean less housing near transit in CA--and more sprawl in California and other states. Oof.

/10


ternercenter.berkeley.edu/wp-content/upl…

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Though it does not outright endorse what @drvolts recently called the "craziest" position he'd ever heard--that dense housing near fixed transit is good only if it's deed-restricted for affordability--the letter certainly gestures in that direction.



/11
It exhorts the bill's author to "continue discussions with affordable housing organizations."

This seems like a roundabout way of signaling that NRDC may withdraw its support if the author can't get some backing from the it's-only-good-if-its-deed-restricted camp.

/12
One wonders whether NRDC's leadership actually wants dense transit-oriented development to occur, or whether they're just looking to bridge internal conflicts and avoid being called out by the likes of @ezraklein.

/13
I want to believe that a "green transition" is underway within NRDC and other major green groups, but I don't see much evidence for it yet.

/end
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More from @CSElmendorf

Jun 25
Further thoughts on the construction-wage provisions of AB 140, the @BuffyWicks & @GavinNewsom budget trailer bill.

🧵/17.
As a matter of principle, I *do not* support industry-specific, let alone task-specific, wage requirements.

I've tweeted that so-called "prevailing wage" rules are the Democratic Party's version of crony capitalism.

/2 Image
I think it's profoundly embarrassing that "intellectuals" with Democratic Party career ambitions won't publicly acknowledge this point.

/3
Read 17 tweets
Jun 25
Joe C. points out that CA housing trailer bill also modifies the Permit Streamlining Act (PSA) in important ways.

I see the PSA provisions as a work in progress, whose ultimate payoff (if any) will depend on future legislative & judicial tinkering. 🧵/15

x.com/CohenSite/stat… x.com/CSElmendorf/st…Image
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The big idea of the PSA is that if a city doesn't approve or deny a project w/in defined period of time, the project becomes "automatically approved" by operation of law.

However, opponents can attack it in court if project didn't comply w/ applicable rules.

/2
That is, a project which has been "deemed approved" by operation of PSA is not "deemed to comply" with applicable zoning & development standards. (Though certain provisions of the HAA may render project "deemed compliant" too.)

/3
Read 16 tweets
Jun 25
Big news from CA: new budget "trailer bill" will effect biggest CEQA reforms ever (should it pass), and points toward plausibly workable detente between key labor unions & housing developers.

Kudos to @BuffyWicks, @GavinNewsom & @cayimby.

🧵/18 Image
The bill marries @BuffyWicks's AB 609, a clean CEQA exemption for infill housing, w/ new labor standards & tribal consultation rules.

The labor standards and tribal rules are different--and much better--than those of other recent CA housing laws.

/2


The "prevailing wage" rules imposed on public works projects (& housing projects per previous CEQA-exempt housing bills) establish detailed job classifications and a way-above-market wage for each classification.

By contrast, this bill is more like a minimum-wage law.

/3
Read 19 tweets
May 29
Does U.S. Supreme Court's big new NEPA decision have implications for CEQA?

Yes!

The liberals' (!) concurring opinion strongly reinforces an argument that @TDuncheon & I made for judicially narrowing the scope of CEQA review of housing projects.

🧵/16 Image
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Current convention under CEQA prescribe analysis of the "effects" of a project as a whole, relative to a no-project (a/k/a status-quo, a/k/a current-conditions) baseline.

/2
But b/c the whole point of CEQA (like NEPA) is to inform the agency's exercise of *discretion*, Tim & I argued that the current convention is misguided.

Analysis of "effects" should be limited to effects caused by (and thus within scope of) agency exercise of discretion.

/3
Read 17 tweets
May 17
Worth taking a moment to observe just how far the politics of CEQA reform have shifted over the last 3 years.

A timeline 🧵.

1/15
- spring 2022: CEQA ruling blocks UC Berkeley from expanding enrollment. Met w/ outrage, but Leg musters only very narrow fix.

/2


courthousenews.com/legislature-pa…
- winter/spring 2023: court holds that "student noise" is CEQA pollution, blocking UC Berkeley campus housing & again triggering outrage + super-narrow fix

/3


sfist.com/2023/05/23/sta…
Read 18 tweets
May 7
City of L.A. is swinging for the fences w/ demurrer to YIMBY lawsuit challenging adequacy of housing element rezoning.

I think city will lose at this stage, but its demurrer does illustrate a real problem w/ manner in which cities & HCD implement the Housing Element Law.
1/5 Image
L.A. argues that *none* of its housing element commitments is enforceable, owing to HE's prefatory description of programs/deadlines as aspirational.

(L.A. concedes it must rezone by statutory deadline, but insists it needn't do any specific rezoning actions listed in HE.)
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The nub of the problem is that *some* housing element programs must be real commitments, enforceable in court. See GC 65587(b) (enforcement by traditional mandamus) & GC 65589(d)(2) (burden of proof on city w.r.t. adequacy of rezoning & constraint removal programs).
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Read 5 tweets

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