Picture of Jordan Grimes

Jordan Grimes

Six Reasons to Reject This Proposed CEQA Ballot Initiative

For advocates working at the intersection of environmental protection and climate-smart growth, the California Environmental Quality Act (CEQA) has long been a source of both pride and frustration. While it has been a critical tool to protect our natural and working lands, its procedural delays have often been used to stall projects essential to a low-carbon future: dense infill housing and transit-oriented development in our existing communities.

In July 2025, however, at the urging of Governor Newsom, the California legislature passed some of the most impactful changes to CEQA since its inception. Taken together, the two bills (AB 130 and SB 131) provide robust statutory CEQA exemptions for infill housing and housing element rezonings, require the state to map infill areas where exemptions would apply, and narrow the scope of the administrative record, helping to curtail anti-housing litigation.

Despite these monumental changes that address the barriers to critical infill development, California’s business lobby and sprawl developers were left unsatisfied. Now, they are proposing a ballot initiative that would make far more radical changes to the law. Signature gathering is to begin imminently, and millions of dollars are already flowing into a campaign account from Southern California Edison and the California Building Industry Association.

While the rhetoric of the measure (proponents have dubbed it the Building an Affordable California Act, or BACA) seems to be aligned with urbanist goals and those of the broader abundance movement, the actual policy details and mechanics of the initiative—and the progress we’ve already achieved in the legislature last year—suggest that the costs it brings far outweigh any potential benefits.

Below, we outline six reasons why the measure should be rejected (click to read more):

For years, a primary objective for California’s urbanists was to stop the abuse of environmental law against projects that genuinely help the environment: dense, transit-oriented housing.
In a landmark shift for the state, that goal has largely been realized. Following years of coalition-building between housing and climate advocates, the legislature passed a clean statutory CEQA exemption for infill housing. AB 130, which Greenbelt Alliance was proud to support, is already being utilized across California, allowing builders to move forward with climate-friendly housing in high-opportunity areas like Palo Alto or Beverly Hills without the threat of being endlessly delayed by the environmental review process. While there is room for technical refinements, the fundamental issue at hand—the misuse of environmental laws to delay environmentally-friendly housing projects—has largely been addressed.

As the saying goes, “the devil is in the details”, and that’s certainly true for the BACA initiative. While modest on the surface, BACA creates a completely new set of rules for what it calls “essential” projects. So what, exactly, is an “essential project”?

The list is incredibly broad. Under Article 2, Section 21013, “essential projects” include housing, water, transportation, clean energy, transmission, broadband, and healthcare infrastructure. In practice, this definition encompasses a wide range of large-scale developments. For example, new freeways and existing freeway expansions would qualify as “essential transportation” projects; large greenfield sprawl developments would be treated as “essential” housing projects; and new dams and reservoirs would qualify as “essential” water projects. The definition even includes all “related and ancillary infrastructure,” meaning that highway interchanges, utility extensions, and water pipelines that enable sprawl developments also receive streamlined approval. All of these are enormous projects in terms of size and scale, with major potential environmental impacts. Yet, just like an apartment building in an urban area, under BACA, they would qualify for a significantly truncated review process.

In effect, this new CEQA process mirrors the fundamental flaw of its predecessor. While the old system failed to exempt low or no-impact projects from excessive review, the new one errs in the opposite direction, fast-tracking high-risk developments with significant potential for harm.

The BACA initiative imposes strict timelines for this new class of projects that it deems “essential”: the environmental review process can take no more than one year. On the surface, a one-year limit on an Environmental Impact Report (EIR) seems reasonable. And for certain projects, like an apartment building on a parking lot in downtown San Francisco, or a townhome development in an LA suburb, it would be.

However, the measure’s definition of “essential” includes highways, dams, large-scale subdivisions, and other major projects. The environmental review required for projects at this scale cannot be done in a single year. Surveying hundreds if not thousands (or even tens of thousands) of acres of undisturbed and undeveloped land for species nesting patterns and habitat, water pollution impacts, and other environmental concerns physically cannot be accomplished within the timeframe laid out in the initiative. By forcing these projects into such a condensed timeline, we will be creating a system that overlooks genuine environmental harm in favor of speed.

For projects with unambiguous environmental benefits, such as housing developments within already urbanized areas, such speed makes sense. Many of the project types considered by this measure do not have the same clear, unambiguous benefits.

One of CEQA’s most critical tools for preventing environmental harm is its alternative analysis provision, which allows for the identification of better project locations and designs. Currently, CEQA requires agencies to analyze a “reasonable range of alternatives” that could reduce environmental impacts, including different sites, reduced intensity options, and designs that avoid sensitive resources. This is how agencies can say, “this housing should be built downtown on a parking lot instead of on farmland,” or “this highway expansion has an alternative transit solution.”

BACA restricts this to just three options: the proposed project, one alternative designed by the applicant themselves (which doesn’t even need to be at a different location), and “no project.” The applicant’s alternative can be a slightly modified version of their original proposal on the same site. This eliminates the core mechanism for steering projects away from environmentally sensitive locations toward more appropriate sites, exactly the tool needed to prevent sprawl, protect open space, and ensure development happens in the right places.

Maybe the most radical change incorporated in the ballot measure is to CEQA’s standard of review. Right now, CEQA allows a lead agency (generally a city or county) to use its own discretion to explore project alternatives and negotiate environmental mitigations. BACA proposes to eliminate this by requiring that environmental impacts only be found significant if they violate objective, quantifiable standards already in existing law when the project was proposed, which doesn’t sound inherently unreasonable! 

However, the measure doesn’t actually require jurisdictions to adopt such standards; instead, it exploits their absence. If numerical thresholds don’t already exist for resources like oak woodlands, groundwater, or wildlife corridors, impacts to them essentially can’t be found significant regardless of severity. A genuine objective standards approach would mandate jurisdictions adopt protective thresholds and update them as science improves. This measure rewards weak standards, freezes them at application date, and prevents improvements based on new knowledge.

Finally, one of the greatest flaws of the measure is its rigidity. Should it pass, BACA would require a 2/3rds vote of the legislature to amend.

California has a long, storied history with ballot box governance, where initiatives become impossible to adjust as new problems arise. The 2/3rds requirement virtually guarantees the law could never be changed, regardless of what issues may arise. An unchangeable measure, with foreseeable negative impacts for the state, may have lasting consequences for generations.

Some of the project types included in this measure, such as clean energy or transmission infrastructure, may benefit from the types of streamlining being considered if careful, targeted changes were made. Rather than a broad, clunky initiative that will be extremely difficult to change, we should advocate for those reforms through the legislative cleanup process already underway.

Every day, Californians are being crushed by the cost of living in our state, and this ballot measure promises to be a salve. In reality, however, it’s an accelerant. It will explode growth in all the wrong places, causing us to pay more and more every day in terms of increasing utilities, insurance, and transportation costs. At a time when people are struggling to make ends meet, and when the federal government is doing all it can to roll back our environmental protections, the last thing we need is to double down on the failed policies we have tried for decades and know do not work.

BACA will hurt the environment and your wallet.

Greenbelt Alliance strongly opposes this proposed ballot measure and urges voters not to endorse it.

Share this post

KEEP READING

Related Posts

Scroll to Top