The Legislature tried to fix housing. It didn’t go far enough

Capitol Weekly welcomes Opinions on California public policy or politics. Please read our guidelines for opinion pieces before submitting an Op-Ed. Submissions that do not adhere to our guidelines will not be considered for publication. 

OPINION – California has a housing affordability crisis. With some of the most expensive housing in the country, the Legislature has spent years trying to make it easier to build more homes by cutting red tape and reducing unnecessary barriers.

Last year, lawmakers tried again. The Legislature passed a major housing reform package meant to help projects move faster and build the housing Californians desperately need.

The goal was right. But parts of that law lack the legal certainty to be effective.

One piece of last year’s reform created a new statewide option for projects to address transportation impacts. Instead of trying to work through a patchwork of one-off approaches for development, projects could pay into a state-approved fund that supports housing and infrastructure near transit. This was intended to make housing easier and cheaper to build.

However, the law’s lack of legal protection for this innovative approach makes the option unappealing to try and, if used, could result in more delay and more costs for housing projects across the state.

As co-chairs of the legislative Problem Solvers Caucus, that doesn’t sit right with us.

Added costs don’t stay on paper. They get passed along to homebuyers and renters. When projects get stalled, costs rise. When costs rise, fewer homes get built. And when fewer homes get built, affordability gets even worse.

Fixing this problem in clear, practical terms is why we’ve introduced AB 2552 and SB 508.

The bills make it clear that a development can satisfy the law if it uses the new state-approved option to deal with transportation impacts. This reduces the risk housing projects get dragged into lawsuits because the law is vague. That means fewer costly delays and a clearer path to breaking ground and getting housing built.

These bills will work to get projects moving again because they clear the air surrounding all the uncertainty from last year’s reforms.

When the law is unclear, developers hesitate, public agencies slow down and projects get tied up in court. All of that drives up costs. AB 2552 and SB 508 create the clarity and legal certainty that last year’s reform should have had in the first place. They make the process more predictable, which makes it easier to move housing forward.

These bills don’t weaken environmental protections. They simply make the rules clear enough to follow and strong enough to hold up. That’s the bare minimum for effective legislation.

When a policy meant to help doesn’t live up to its potential, lawmakers have a responsibility to correct it. California must take advantage of every opportunity to improve on affordability.

Sen. Suzette Valladares represents the 23RD Senate District; Assemblymember Anamarie Ávila Farías, the 15TH Assembly District.