Chris Elmendorf Profile picture
May 10 22 tweets 6 min read Read on X
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 Image
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 Image
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 Image
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 Image
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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 Image
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 Image
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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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More from @CSElmendorf

Apr 6
The West SOMA residents' second legal claim is that S.F.'s draft SB 79 "local implementation plan" is illegal.

This claim has merit.

S.F.'s draft SB 79 ordinance is legally and politically baffling.

🧵/14
Background: SB 79, the transit-oriented development bill passed to much fanfare last fall, allows cities to exclude certain industrial zones from SB 79's upzoning for 5-9 story apartment buildings.

/2
SB 79 says that cities may, but need not, withdraw a district of industrially zoned lands if:
- the district encompasses at least 250 contiguous acres,
- parcels w/in district are "primarily dedicated to industrial use," AND
- housing is not "a permitted use" in district

/3 Image
Read 14 tweets
Mar 21
Things to be hopeful about: Both the most progressive & the most mod Dem candidates for CA Gov want to:
- slash development fees & exactions
- cap r-e transfer taxes
- improve construction productivity
- prioritize low-cost building w/ state affordable housing funds

🧵/12 Image
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.@katieporterca and @ericswalwell have also been clear that CA needs to drive down the cost of building (though their published housing platforms have fewer specifics than @TomSteyer's & @MattMahanSJ's)

/2 Image
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And at least one strong candidate has called out a chief demander of California-style "everything bagel liberalism."

/4 Image
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Read 11 tweets
Jan 22
An architect who does multifamily housing throughout CA told me recently,

"The secret's not out, but San Francisco, erstwhile worst offender, has become one of the easiest places to get projects entitled & permitted in CA."

I asked what changed. He said, "The mayor."

1/5
"Just about everyone in every city dept now understands its their job to get permits issued, quickly. Mangers got their marching orders from @DanielLurie and workflows have gotten much better."

(I'm paraphrasing his remarks.)

/2
S.F. still has all sorts of lousy laws & policies that thwart housing production -- high transfer taxes, high IZ, expensive bespoke code requirements, de facto prohibitions on redevelopment of any building w/ rent-controlled units -- but mgmt apparently is much improved.

/3
Read 5 tweets
Jan 1
A New Year's Day 🧵on @CalChamber's CEQA's reform ballot measure.

It's a doozy: instead of empowering project opponents to delay projects, "New CEQA" would empower project sponsors to force quick approval of projects that meet applicable, objective regulatory standards.

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In the spirit of @Scott_Wiener's SB 607 & SB 131, the Chamber's proposal would create two CEQAs. Old CEQA would continue applying to some projects; New CEQA would govern others.



/2
But whereas SB 607 drew the Old/New line based on the *location* of the project (specifically, whether it's on "natural and protected lands") the Chamber's proposal bases it on the project's *type*.

All "essential projects" would be governed by New CEQA, wherever located.

/3
Read 24 tweets
Dec 31, 2025
New decision from CA Court of Appeal on the fee-shifting provisions of AB 1633 has big implications for NIMBYs' incentive to challenge housing approvals under CEQA & beyond.

This one belongs in a Law of Abundance casebook.

🧵/24
law.justia.com/cases/californ…Image
Context: As part of the 1970s revolution in admin law, states & the federal gov't actively encouraged self-appointed "private attorneys general" to sue, via attorneys' fee bounties.

/2
Asymmetric fee-shifting provisions were written into scores of public laws: If a plaintiff challenging a gov't decision wins, the gov't has to pay for the plaintiff's attorney; if the plaintiff loses, they don't have to pay for the gov's attorney.

/3 Image
Read 25 tweets
Dec 30, 2025
"For a typical mid-rise apartment in San José, construction costs can exceed $700k–$900k per unit."

I 💯% agree w/ @MattMahanSJ that reducing construction costs should be a top priority for 2026 -- and that this is mainly a job for the state legislature.

🧵/22
Reason #1. CA's fiscal constitution + local political incentives push local govs to extract "value" from development w/ impact fees, IZ & transfer taxes.

This drives up the cost of building enormously.

/2
The state leg should preempt most such fees, IZ, & taxes, ***and create a substitute source of local revenue.***

My preferred alternative: a state parcel tax assessed on the "net potential square feet" or "net potential units" created by upzoning pursuant to state law.

/3
Read 22 tweets

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