Built on a lie, AB 1633 will hurt low-income communities

OPINION – Last week, AB 1633 passed the State Senate by a single vote despite a strong campaign by environmental justice advocates to stop the bill. Unless vetoed by the Governor, this bill will tip the scales in favor of powerful development and industry interests and against everyday Californians and vulnerable communities.

AB 1633 undermines the core purposes of CEQA in fundamental ways. First, it allows developers to sue a city if they disagree with the city’s decisions about environmental review for housing projects—and to recover their attorneys’ fees if they prevail in the suit. For example, a developer could sue a city for requiring an Environmental Impact Report when the developer claims the project is exempt from CEQA. Critically, such lawsuits can be filed before the city acts to approve or deny the project, and even before the public has had a meaningful opportunity to comment on its effect. Worse yet, the mere threat of these lawsuits is likely to cause cities to forego necessary environmental analysis, even for projects proposed in communities suffering from long-term pollution.

Second, the bill effectively bars community groups from recovering their attorneys’ fees in CEQA suits challenging housing even when meeting the stringent requirements for private attorneys general after a court rules in their favor on the merits. This new rule means that only monied interests can sue to enforce CEQA; environmental justice groups, who depend on attorneys taking cases on a contingent basis, cannot. This change is unprecedented and will rob vulnerable communities of their most effective tool for safeguarding the public health and safety.

How did this shocking bill arise? The author, Assemblyman Phil Ting, claimed the new law is necessary to thwart actions like the City of San Francisco’s decision to require additional environmental review for a housing project proposed at 469 Stevenson Street. This is an enormous luxury home development sited in the low-income South of Market neighborhood. Despite outcry from pro-development forces, the Board of Supervisors agreed to the neighbors’ request to provide missing analysis regarding the project impacts relating to gentrification, geotechnical impacts, and harm to nearby historic resources.

Unless vetoed by the Governor, this bill will tip the scales in favor of powerful development and industry interests and against everyday Californians and vulnerable communities.

As it turned out, the City’s additional environmental review was extremely valuable. Adequate information regarding geotechnical and gentrification was added, and mitigation measures were adopted to address vibration from the project’s construction that could significantly harm nearby historic buildings. With the revised EIR completed, the City approved the project and the new mitigation; the project may now move forward to construction.

Thus, contrary to the false narrative that played out in the mainstream press, CEQA worked exactly as it should for 469 Stevenson Street. Without this law, the towering new project would have damaged buildings in one of the City’s famed historic districts. Wasn’t it worth the extra time to prevent such a disaster? Special interests would weaken CEQA to increase their own profits, but such a result hurts the rest of us. As the proceedings around this project illustrate, CEQA doesn’t stop housing development; the law improves it.

Disturbingly, special interests have repeatedly used 469 Stevenson Street in their relentless crusade to blame CEQA for the housing shortages throughout California. This campaign is getting tired. Numerous studies—from UC Berkeley Law, The Housing Workshop, and BAE Urban Economics—have concluded that, contrary to the suggestions of Assemblyman Ting and others, CEQA is not responsible for California’s housing crisis; the problem is nationwide and economic factors are to blame.

If AB 1633 is signed into law, San Francisco communities like South of Market will suffer, as serious environmental and public health impacts will go unanalyzed and unmitigated. This is unacceptable and wrong. Developers may find environmental regulation inconvenient, but CEQA is vitally important as Californians face the dangerous challenges of drought, air and water pollution, and environmental injustice.

The Governor has said he stands with the state’s low-income and minority communities. He must “walk the walk” and reject AB 1633.

Reina Tello is a community organizer at PODER (People Organizing to Demand Environmental and Economic Rights) in San Francisco.