✅Student housing versus CEQA

Student housing at Fresno State on Feb. 8, 2022. Photo by Larry Valenzuela for CalMatters
Student housing at Fresno State. Photo by Larry Valenzuela for CalMatters

By Mikhail Zinshteyn

WHAT THE BILL WOULD DO

SB 886 by Sen. Scott Wiener, a Democrat from San Francisco, would excuse public college and university housing from regulations of the  California Environmental Quality Act, a 1970s-era law that developers deplore but that environmental groups and some cities champion as a safeguard against pollution. The bill is meant to address the chronic student housing crisis by sparing development from environmental lawsuits that in the past have slowed down dorm construction. Campus projects for student and faculty housing would have to check off a long list of environmental and labor-relations musts to evade CEQA’s, which cities and community groups cite in lawsuits to challenge development. Housing projects would have to be on campus-owned land and not displace affordable housing.

WHO SUPPORTS IT

A vast constellation of student groups, labor unions, business organizations and “YIMBY” activists who support more housing development. They view the bill as vital to protecting much-needed housing development from environmental lawsuits. They argue the bill will lead to more dorm beds faster.

WHO IS OPPOSED

Some environmental justice groups, the city and county where UC Santa Cruz is located, a town adjacent to UC Santa Barbara and three state Democrats who cast the only dissenting votes against the bill. The barrier to more student housing is poor university planning and insufficient funding, the California Environmental Justice Alliance argued.

WHY IT MATTERS

Is CEQA the bogeyman it’s made out to be? Opponents of this bill point to research showing that only 2% of housing development projects face CEQA lawsuits. But the environmental law was catapulted into national prominence when UC Berkeley was almost forced to cut its new class of students by a third until state lawmakers bailed out the campus with another CEQA exemption in March. Backers and foes of this bill say they want the same thing: more student housing. They just don’t agree on how to get there or that this watershed environmental law is the culprit. 

GOVERNOR’S CALL

Newsom signed the bill on Sept. 28.

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