The Mercury News

Why did the housing bill fail so fast?

Theories :1) Too flawed .2) Killed by insider politics .3) Election-year worries.

- By Katy Murphy kmurphy @bayareanew­sgroup.com

SACRAMENTO >> Without the political heft of an official housing package backed by top legislativ­e leaders and the governor, a proposal that could have added millions of apartments and condominiu­ms throughout the state failed suddenly this week at its first committee hearing, giving its champions no time to finesse the thorny policy and politics of developmen­t.

Last year’s package gave staying power to tough housing bills, such as one to fast-track housing near public transporta­tion, which was signed into law last fall, said Sen. Scott Wiener, D-San Francisco, author of the ill-fated Senate Bill 827.

“This year, that dynamic does not exist,” he said.

Others working behind the scenes to advance or thwart SB 827 — which would have forced California cities to allow apartment buildings within a half mile of rail and ferry stops — have offered varying theories about why it failed so quickly: It was too flawed to fix; it was killed by insider politics; it is an election year, when lawmakers are loathe to stick out their necks on controvers­ial legislatio­n. The bill was also sponsored by a political newcomer, the pro-developmen­t California YIMBY (Yes In My Backyard) coalition, a group that — for all of its publicity and momentum — is still finding its bearings in Sacramento.

The vote sent a powerful message about the role the state Legislatur­e is willing to take amid an ever-worsening housing crisis, said Ethan Elkind, who directs the climate program at UC Berkeley Law School’s Center for Law, Energy & the Environmen­t and who supported the bill.

“For them to just strangle it in the crib like that,”

he said, “indicates that this relatively big approach to reign in local government isn’t going to fly anytime soon in California.”

The proposal was not the typical stuff of wonky housing policy. A new analysis by the data firm UrbanFootp­rint found that if every parcel of land along the 45-mile El Camino Real corridor was redevelope­d according to the new height limits allowed under SB 827, the number of homes along the route — from San Bruno to San Jose — would triple to 453,000.

But it also found that a potentiall­y less contentiou­s alternativ­e, adding homes to commercial developmen­ts along the same corridor, would nearly double the housing stock.

Wiener said he knew going into Tuesday’s committee hearing that the votes he needed were, at best, up in the air. But rather than pull the bill, he decided to proceed and hope for the best.

“I knew we had at least an outside shot, and we thought it was important to call the question,” he said.

“This is just not the sort of bill that you can introduce in January and have tied up with a bow by April.”

— Anya Lawler of the Western Center on Law & Poverty

Wiener could be forgiven for his optimism. Last year, another contentiou­s bill from the senator — bypassing city approval hurdles for some housing developmen­ts — managed to survive fraught policy committee hearings, eventually making it into law. Along the way, he was able to neutralize much of the opposition, including from labor.

But he didn’t have a chance to smooth over concerns around developmen­t and local control this time. His colleagues on the Senate Transporta­tion and Housing Committee killed the bill, even as they compliment­ed the effort, shutting down the passionate debate as soon as it had begun.

The bill drew fierce opposition from neighborho­od groups, city officials and affordable housing advocates, who argued it was too sweeping and that it would bring unintended consequenc­es.

Anya Lawler, of the Western Center on Law & Poverty, argued that it was too simplistic of a solution, ignoring decades of research and advocacy on the preservati­on of affordable housing and developmen­t near transporta­tion hubs. But she and many others, including Wiener, have said that legislatio­n of this scope can take years to become law.

“This is just not the sort of bill that you can introduce in January and have tied up with a bow by April,” she said.

Thad Kousser, a professor of California politics at UC San Diego, pointed to proposals such as universal health care and even Propositio­n 13, which have taken — or will take — years to succeed.

“This bill is dead for this session, but this idea isn’t dead,” he said.

“Sometimes ideas need the right political conditions,” he added. “And California’s only going to have more of a housing crunch.”

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