YIMBYs are winning this session

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YES IN MY STATEHOUSE — The YIMBYs are steadily getting the upper hand in their ongoing fight to make housing a climate issue.

YIMBYs won big last week with Sen. Scott Wiener’s (D-San Francisco) SB 423, which would streamline construction in communities falling behind on their state-mandated affordable housing goals.

Wiener’s SB 4, to enable religious and educational nonprofits to build affordable housing on deed-restricted land, was another big housing/climate victory this session.

And Assemblymember Phil Ting’s (D-San Francisco) AB 1633, which passed the Senate this afternoon by a 21-3 vote, would limit the ability to challenge projects under the California Environmental Quality Act. Dozens of groups, including Communities for a Better Environment and Los Angeles Audubon, are opposing that one.

Pro-housing advocates are cheering the growing recognition of the link between development patterns and emissions. They’re pushing for more multi-family housing, which is more energy-efficient, and more urban infill development, which is closer to public transportation and can reduce driving.

“I think for a long time the environmental movement has been centered around saying no and stopping things,” said Jordan Grimes, resilience manager with the Greenbelt Alliance. “But there is a big difference between stopping a freeway expansion or the construction of a warehouse in a low income community and stopping affordable housing.”

Traditional environmentalists — and some environmental justice groups — are on the back foot. Twenty-nine groups, including the Center for Biological Diversity and Sierra Club California, opposed SB 423, arguing it could encourage building in ecologically sensitive habitat and in dangerous fire and flood zones. The California Environmental Justice Alliance also opposed based on concerns that the bill didn’t include sufficient guardrails around building on unremediated sites or near toxic facilities.

Wiener amended it to prevent construction in some coastal areas vulnerable to sea-level rise, but they say it still goes too far.

“Unfortunately the bill, even as currently amended, does not contain adequate safeguards to protect sensitive wildlife habitat in coastal zones,” said J.P. Rose, an attorney with the Center for Biological Diversity. “It still allows for development without environmental review in high-risk wildfire zones and does not ensure that housing is properly distanced from polluting or industrial uses.”

YIMBYs are emboldened by this session’s victories. There’s talk of going for a bill next session that would map areas to keep off-limits for fire and flood safety, but upzone and streamline permitting in areas deemed climate-safe.

The protectionist wing is open to talks.

“There have been discussions and proposals floated for more significant bills that address both the kind of building up as opposed to building out issue,” Rose said. “I think probably the Center would support a bill that more holistically addresses these issues.”

A lot of you have asked us to cover housing as a climate story. Do you have a housing pitch? Let us know.

NEWSOM’S TRAVEL PLANS — Gov. Gavin Newsom said he wouldn’t make any news at our California launch party last night. But a few minutes later he announced that he’ll be traveling to China next month for a climate-focused trip.

“The imperative of maintaining a relationship on climate with China is about the fate and future of this planet,” Newsom told Chris Cadelago in an interview at the California Museum. “It’s too important; it’s another example where California needs to lead.”

We’ve reported on how Newsom’s administration is building on policy collaborations with China that stretch back over a decade to reduce air pollution, transition to electric vehicles, and more.

As geopolitical tensions heighten between China and the United States over trade, Taiwan, Russia and human rights issues, and Republicans in Congress target any association with China in the electric vehicle supply chain, the California-China climate bridge is becoming more important.

Newsom referenced the breakdown of climate talks at the national level, noting, “We’re doing subnational work in the absence of any other leadership.”

But he said he was working with the Biden administration on the trip. “You better believe I coordinated with the White House,” he said.

LITTLE ORPHAN OIL WELLS — California’s declining oil industry has left around 70,000 wells in various states of disuse.

They can leak methane and they’re expensive to plug. The state hasn’t collected nearly enough money from companies to pay the billions of dollars it will take to seal them all shut.

The Senate voted this afternoon 21-11 to approve AB 1167, which would require oil companies to take more responsibility upfront for the costs of eventually closing the wells.

The bill faces one more vote in the Assembly, where it was overwhelmingly approved in May, before it would go to Newsom’s desk.

Newsom, who spent much of the winter railing against oil companies over high gas prices, hasn’t taken a public position on the bill.

The Finance Department has opposed it, saying an existing law already addresses the problem of taxpayer liability for orphaned wells by allowing the Conservation Department to hold previous well owners responsible.

OIL WHISTLEBLOWER — A former California oil and gas regulator filed a lawsuit Monday against the state, arguing that he was fired for refusing an order from Gov. Gavin Newsom’s administration to halt drilling of new wells.

Uduak-Joe Ntuk stepped down as state oil and gas supervisor in January, citing family reasons. He’s now saying he was fired for filing a whistleblower complaint.

Some background: 2022’s SB 1137, to ban oil and gas wells within 3,200 feet of most buildings, took effect Jan. 1. The California Independent Petroleum Association qualified a ballot measure to block the law on Feb. 3, triggering an automatic pause to the Department of Conservation’s implementation.

Ntuk’s lawsuit alleges that Newsom administration officials directed him to stop issuing new permits “while the law was on hold due to the referendum.” He said in the suit that he filed a whistleblower complaint Jan. 4 and was fired Jan. 13.

Conservation Department spokesman Jacob Roper said in an email that the department had no record of Ntuk’s whistleblower complaint.

Jamon Hicks, an attorney with Los Angeles-based Douglas/Hicks Law who is representing Ntuk in the suit, declined to provide a copy of the whistleblower complaint, saying he could not “provide any potential evidence” due to the litigation. Hicks also declined a request to interview Ntuk.

SPOTTED at yesterday’s POLITICO California launch event with Gov. Gavin Newsom: Assemblymembers Rebecca Bauer-Kahan (D-Orinda), Damon Connolly (D-San Rafael), Mike Fong (D-Alhambra), Jesse Gabriel (D-Encino), James Gallagher (R-Yuba City), Ash Kalra (D-San Jose), Tom Lackey (R-Palmdale), Alex Lee (D-San Jose), Evan Low (D-Campbell), Tri Ta (R-Westminster), Buffy Wicks (D-Oakland) and Rick Zbur (D-Los Angeles).

Also spotted (the Senate was still in session): Sen. Josh Becker (D-Menlo Park).

POLL POSITION — We hear you, Dave Min, Josh Becker and Henry Stern — Sen. Lena Gonzalez (D-Long Beach) should be in the running for climate champion! We’ve added her to our poll on who the biggest climate champion in the Legislature is. Vote now if you haven’t already.

— The solar industry wants the CPUC to slow its roll on fixed-fee utility bills.

— A new study is pumping up heat pumps’ reputation for cold-weather performance.

— A bill headed to Newsom’s desk says potable water is too good for decorative grass.