Environmental law
at risk in name of housing
By Jim
Wasserman
ASSOCIATED
PRESS
SACRAMENTO - 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 no
longer can afford to buy homes, prompting some lawmakers to lament
that 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 CEQA rules and make it more difficult 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 that 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 farther 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 undeveloped land also find themselves
wrangling with lawsuits that allege insufficient environmental
studies.
Some of the tactics led Oakland Mayor Jerry Brown, a Democrat who
was a 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, the California Association
of Realtors reports.
"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.
He 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, in-fill 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 UCLA 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." |