Newsom pushes CEQA reform amid rebuilding delays after LA wildfires

Rebecca Kendall Vice President, Strategy
Rebecca Kendall Vice President, Strategy - R Street Institute
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The rebuilding efforts in Los Angeles following the recent wildfires have highlighted ongoing challenges with California’s bureaucratic processes. According to the Los Angeles County permitting progress dashboard, only a small number of building permits have been approved months after the fires ended. This slow progress persists despite Governor Gavin Newsom’s executive order exempting reconstruction projects from the California Environmental Quality Act (CEQA) and the Coastal Act.

The Southern California News Group commented on this issue, stating, “In reality, California governments have built a massive bureaucratic process that impedes construction of anything — and it’s not easy to unravel even after an emergency and when top leaders are committed to doing so.” The complexity of navigating these processes has been widely reported.

This situation is reminiscent of Jerry Pournelle’s Iron Law of Bureaucracy, which suggests that organizations often prioritize their own survival over their stated goals. Bureaucracies tend to be risk-averse, with little accountability for delays. This has contributed to California’s shift away from its entrepreneurial roots toward a more bureaucratic system.

In response to these challenges, some Democrats in California have been working to reduce regulatory barriers, particularly those affecting housing construction. High housing costs and homelessness have become pressing issues for policymakers and voters alike. CEQA is identified as a significant obstacle due to its extensive paperwork requirements and potential for litigation.

Governor Newsom recently took decisive action by threatening to delay the state budget unless comprehensive CEQA reforms were passed. These reforms were eventually approved in two bills that exempt certain projects from CEQA requirements and tighten standards for filing lawsuits under the act. Despite opposition from environmentalists, who expressed their concerns during public hearings, the Legislature voted overwhelmingly in favor of these changes.

Senator Scott Wiener criticized environmentalists’ reactions as “melodramatic,” while acknowledging his support for housing reform. The lone dissenting vote came from a senator opposed to Newsom’s last-minute tactics. With these new laws signed by Newsom, it remains uncertain whether they will effectively change how CEQA operates or redirect bureaucracies towards their original objectives.

The governor’s approach demonstrated that meaningful legislative change is possible; however, it raises questions about whether there is genuine willingness within the Legislature to pursue such changes consistently.



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