After decades of polarizing discussions on the California Environmental Quality Act (CEQA), California Governor Gavin Newsom signed AB 130 into law. Passed on June 30, this bill includes language from AB 609 addressing much-needed CEQA reforms for urban infill housing.
As part of our state legislative priorities this cycle, Greenbelt Alliance is incredibly excited to see elements of AB 609 adopted. Written by California Assemblymember Buffy Wicks, this bill makes it easier to build housing within existing communities by allowing development projects to bypass CEQA review. Projects would have to qualify for the exemption by meeting a set of key criteria—including measures of size, location, density, and use—and as long as they are not located on environmentally sensitive or hazardous sites. Additionally, these sites need to conform to existing zoning, which means the area has already undergone an environmental review as part of the city’s planning and zoning process.
AB 609 functions to streamline the permitting process for housing in already developed, urban areas, improving upon pre-existing but underutilized buildings and lots. This bill narrowly exempts infill housing from the current CEQA process, which will increase the potential for growth within communities and away from farmlands, wildlife habitat, and other natural lands that provide ecological and climate resilience benefits.
One benefit of focusing growth within existing communities is that essential services such as grocery stores, workplaces, and schools are more accessible to people. Additionally, focused growth helps increase the viability of public transit, giving people the option to save money on gas and avoid traffic congestion, while reducing GHG emissions from cars.
In summary, AB 609 is a key step in reframing the way we grow in California, making it easier to build in existing communities, closer to jobs and services, and away from ecologically sensitive and hazardous areas.
This is a watershed moment for climate and housing policy, one that has been a long time coming!
Essential Reforms
The initial passage of CEQA in the 1970s was a critical landmark for environmental protections in California, and the Act has played an essential role in protecting the environment in our state. However, as is true for most legislation that is decades old, the use of the law has drifted from its original intent and led to unintended consequences.
In recent years, there have been a number of cases where CEQA lawsuits blocked the development of much-needed housing in our communities, exacerbating the housing crisis and the overall cost of living. Researcher and data analyst Darrell Owens explains the evolution of CEQA and its relation to the environmental movement in the great piece “How Environmentalism Works in California.”
When CEQA litigation prevents infill housing, it paradoxically helps enable sprawl development on natural and working lands. With the cost of living in cities rising exponentially, more people have sought more affordable homes farther away from developed areas.
For example, in 2022, we wrote about the misuse of CEQA in a controversial ruling against UC Berkeley and how this landmark environmental law had evolved since its adoption. CEQA is often used to prevent development in whiter, wealthier, and higher-resourced locations, suggesting that CEQA is effectively being used to uphold a history of redlining and discriminatory housing practices. At the time, we urged cities and the State to “open Pandora’s box and rethink how CEQA applies to infill development.”
Step In The Right Direction
As an environmental organization that has been fighting for decades to protect open spaces and support smart urban growth, Greenbelt Alliance values the importance of CEQA as a tool to protect natural lands and ensure clean air and water. With protections being dismantled at the federal level, our state policies are more important than ever.
Our goal is to emerge with stronger and more effective environmental protections that truly protect wildlife habitat, endangered species, watersheds, and forests. By focusing on essential environmental review in areas where these landscapes are threatened, we can improve environmental outcomes without standing in the way of housing affordability and the resilience of our communities.
These reforms are a step in the right direction, but we are aware that they are not the end-all to our dual crises. We remain vigilant to address any unintended pitfalls that may arise and hope that we can all work together to advance a holistic agenda that protects the environment and provides housing for all.
So, what happens next?
AB 609 was integrated into the state budget under the AB 130 trailer bill and was approved by both the Assembly and Senate. Governor Newsom has since signed it into law, so it goes into effect immediately!
