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Culture War Roundup for the week of April 3, 2023

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It's Morning in California. Rather, it's Morning in the legislative season, a time when big ideas seem possible, before they disappear into a swamp of obscure pitfalls and shenaniganry. Here's my understanding of the current roster of big housing bills this year, and the threats and potential involved. See also Alfred Twu's very detailed writeup (PDF).

(Part of an ongoing series on housing, mostly in California, also at theschism.)

Some common themes:

  • CEQA, the California version of NEPA, is a problem, and though it's right up there with Prop 13 as a Third Rail in California politics, many of the housing bills this year center around exempting projects from CEQA, especially after a particularly egregious use to block student housing because the students themselves would constitute an environmental impact. (I'm reminded of SourceWatch's very cursed Precautionary Principle chart.)
  • Last year's AB 2011 was a particularly big deal, not because of its contents, but because Assemblymember Wicks (previously seen here) managed to get the carpenters' union on board. The Building Trades have been adamant in their demands (basically, require that workers on streamlined projects attended a particular union training program), which the YIMBYs consider a dealbreaker. The compromise in AB 2011 was to provide various benefits to any worker on those projects, and to give preferences to graduates of union apprenticeship programs. There's a huge difference in California politics between "the unions oppose" and "the unions are divided". This mainly applies to SB 423, but the model will likely be tried in plenty of other bills.

The major bills:

  • AB 68 (CA YIMBY), the Housing and Climate Solutions Act. (Not to be confused with 2019's AB 68, part of the push to legalize ADUs). This will likely be a two-year bill, but it's a mass upzoning in the vein of SB 827 and SB 50. Those bills failed, so the YIMBYs are taking a different tack: this is a collaboration between California YIMBY and the Nature Conservancy, as it would not only make it easier to build in cities, it would make it harder to build in the wilderness, under the Gain/Maintain/Sustain rubric outlined here. Details are still in flux, but Livable California is furious. Much of how this goes will depend on how labor gets on board.
  • SB 423 (CA YIMBY), an extension of 2017's SB 35 (previously seen here). The original SB 35 streamlined approvals (including CEQA exemptions) for general plan-compliant projects in cities behind on their housing goals. It was a compromise, which got the Building Trades on board: all-subsidized projects could pay prevailing wage, but market-rate projects had to use "Skilled and Trained" labor, which is extremely scarce. As a result, the only SB 35 projects completed as of this point are subsidized. SB 423 would apply AB 2011-style labor standards to all projects and indefinitely extend the streamlining. The intra-labor fight has been intense. The carpenters are supporting in droves; the remaining trades are stopping just shy of calling them scabs.
  • SB 4, a revival of 2020's SB 899, which would allow churches and nonprofit schools to build housing on their land. This is enormously popular, and was killed for unclear reasons last time. There's been some remarkable cross-pollination with SB 423 at the Capitol, with religious leaders supporting SB 423 and the carpenters supporting SB 4.
  • AB 309 (CA YIMBY), a revival of AB 2053, which would take the first steps in establishing a statewide social housing agency.
  • AB 1630 would exempt student housing within a thousand feet of a school from CEQA, as well as from a variety of building standards such as floor-area ratios, parking minimums, density limits, and height limits under forty feet. This is a direct response to the Berkeley ruling earlier this year.

These bills will of course change going forward, and some will certainly fail to advance, but this is the state of things at the top of the year.

I have nothing substanitive to offer so my thanks for these fascinating posts will have to suffice.

Thank you so very much! Honestly, it's very motivating to not feel like I'm yelling into a void about this stuff, so the fact that you're here and reading means a lot to me.

if feedback is appreciated, it's probably worth saying that I've read in detail and extensively ponder every post you've done in this series. As someone reflexively skeptical of the idea of modern urban governance and development and of the idea of "progress" generally, the events you highlight are one of the best sources of "maybe I'm wrong" impressions I get in this space, and I value them very highly.