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By JIM WASSERMAN, The
Associated Press
Monday, April 4, 2005
SACRAMENTO (AP) -- California's housing
shortage, which has pushed median home prices above $470,000,
is spurring a variety of moves to change the state's
35-year-old environmental protection law, long considered the
nation's toughest.
Attempts by the state's home building
industry to change the 1970 law, signed by former Gov. Ronald
Reagan, are nothing new, but this year Republican Gov. Arnold
Schwarzenegger and a growing list of Democrats are joining in.
Key lawmakers are pushing bills to make it easier for
developers to maneuver around the law, especially to build
housing in downtowns and older urban neighborhoods.
The growing momentum to change the
California Environmental Quality Act sets up a clash between
business and environmental interests in a state with some of
the nation's highest priced homes and lowest rates of
homeownership. A majority of Californians can no longer afford
to buy homes, prompting some lawmakers to lament their
generation may be the state's first unable to provide a better
life for its children.
Although environmental groups have given
Schwarzenegger's early moves high marks, the governor is
expected to unveil proposals to ease current CEQA rules and
make it harder to use the law to stop residential construction
projects. A draft version of the bill would limit the ability
of opponents to file some lawsuits and would streamline the
regulatory process for developers in areas already planned and
zoned for housing.
Earlier this year Schwarzenegger called
home ownership "part of the American Dream" and promised to
eliminate "regulatory and legal hurdles that delay
construction and increase the costs."
His proposal also expands on
recommendations made by the California Performance Review
study Schwarzenegger started last year. The review's report
said CEQA creates "too many opportunities for blocking
projects for non-environmental considerations" and that
neighborhood opposition groups especially use it to block
multifamily apartment projects.
Builders and their allies provided key
input to the CPR panel and also to a 41-member Resources
Agency advisory group regarding the draft legislation.
Although many of the proposals are aimed
at limiting the sprawl of housing to empty farmland,
environmental groups fear the proposals will change the law so
much that it will actually foster more sprawl instead of more
housing in urban areas. On the defensive, they're highlighting
the act's success stories and preparing for battle in the
Legislature.
"If builders get their way, ordinary
Californians are going to be sitting in traffic even longer
and living further out and having fewer options," said Karen
Douglas, attorney for the Planning and Conservation League, a
lobbying coalition of environmental groups. Because the law
requires detailed studies of a development's potential effects
on its surroundings, it "has made the state better."
Developer groups don't argue the law's
benefits. Instead, they say it's been twisted by NIMBY -- "not
in my back yard" -- groups to shrink development proposals by
forcing extra environmental studies. Such delays -- a new
environmental impact report can cost up to $200,000 and take
18 months -- sometimes make developers just walk away.
A handful of law firms have used it to
stall many of the 40 Wal-Mart Supercenters planned in
California. Developers building housing subdivisions on empty
land also find themselves wrangling with lawsuits alleging
insufficient environmental studies.
Some of the tactics led Oakland Mayor
Jerry Brown, a Democrat who was staunch defender of the law
when he was governor of California from 1975 to 1983, to push
for a new law to restrict opponents' ability to use it to
block downtown Oakland housing projects.
The problem isn't the law but those who
abuse it, said Tim Coyle, the top lobbyist for the California
Building Industry Association.
Coyle said legislators, many of them
former city council members, complain to him that the law
"keeps getting in the way of urban revitalization projects and
neighborhood restoration projects."
Last year, California developers built
211,000 new homes and apartments, and expect to reach a
similar target this year. But that's still 80,000 short of
demand for a two-year span, they say. As prices of existing
homes reached a median price last month of $471,620 -- where
half cost more and half cost less -- fewer than one in four
households could afford one, reports the California
Association of Realtors.
"We're killing the most fundamental goal
or objective of every middle-class Californian -- owning a
home," said Senate President Pro Tem Don Perata,
D-Oakland.
Perata wants more central city and
downtown housing projects declared off limits to CEQA
challenges and has introduced a bill greatly expanding the
acreage and number of homes that qualify. The bill is part of
a package of anti-sprawl legislation that Perata said will be
a top Senate priority this year.
Other lawmakers have followed suit. Bills
awaiting their first hearings would allow builders to use
"short form" environmental reports in areas already planned
and zoned for homes, make those who file CEQA lawsuits
disclose their backers and their economic or other interest in
the project.
Another would exempt some downtown
residential projects from traffic impact studies.
"There are plenty of situations, in
Sacramento and elsewhere in the state, where smart growth,
infill housing developments, which are designed to give people
an option to live close to work and where they shop, are faced
with significant traffic mitigation requirements," said its
author, Assemblyman Dave Jones, D-Sacramento.
In Sacramento, opponents recently used
the act to delay a 119-apartment project just blocks from a
downtown light rail line and within walking distance of
thousands of jobs.
Despite some of the complaints, the law's
defenders said its benefits are too great to ignore.
It's not perfect, because any law that
opens the way for lawsuit can be abused, said Sean Hecht,
executive director of the Environmental Law Center at the
University of California at Los Angeles School of Law.
"The fact that some people might
frivolously file employment discrimination lawsuits when
there's been no discrimination doesn't mean we throw out
employment law. I see CEQA the same," he said. "Like any good
law, it's done some really important things for our
state."
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Read the bills, SB948, SB832, SB785,
SB427, AB648 and AB1387 at http://www.legislature.ca.gov
Planning and Conservation League:
http://www.pcl.org
California Building Industry Association:
http://cbia.org |