AB609 and the California Environmental Quality Act

Eva Greenebaum

The California Environmental Quality Act was passed in 1970 to mitigate climate risk in local development. Colloquially known as CEQA (pronounced SEE-qua), it requires public bodies to inform local decision-makers about the environmental impacts of a specific construction project. A CEQA report, called an Environmental Impact Report (EIR), must include a variety of elements. It must identify ways to reduce environmental impacts and offer feasible alternatives to mitigate these impacts. In essence, CEQA is a revolutionary California act designed to help decision-makers in a community understand the environmental impacts of their decision to allow a project. It also encourages developers to consider the environmental risks of a desired project.

One major downside of CEQA is that it disincentivizes affordable housing projects. A guest CalMatters user went as far as calling it a "hulking behemoth warping the construction industry statewide." Specifically, the threat of a CEQA lawsuit is enough to eliminate such projects before they even get off the ground. That is why Buffy Wicks introduced Assembly Bill 609 in February 2025.

AB 609 helps encourage affordable housing development projects by waiving CEQA requirements for a limited number of cases. To be exempt from CEQA ordinances, the project must be consistent with local zoning and not located in an environmentally sensitive site. Additionally, previously developed property and property surrounded on all sides by urban uses are also exempt.

The bill passed the Assembly floor in May by a 63-0 vote. It then passed both the Senate and Assembly in June and was signed into law by Governor Gavin Newsom. Supporters of the bill claim that California’s housing crisis should be balanced with environmental policy. They also argue that more housing developments will encourage an increase in population, leading to California gaining more House and electoral seats. Opponents suggest that communities should have a say in what gets built in their neighborhoods. As reported by KQED, Susan Kirsch claims that a one-size-fits-all approach is not the way to go for local housing development.

At 50 years old, CEQA remains an important piece of California legislation. As it continues to adapt to California’s needs, there is hope that the core message of the policy is retained while also balancing the housing needs of California communities.

Sources:

https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I86C9BC205B4D11EC976B000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29

https://calmatters.org/commentary/2025/06/ceqa-environmental-law-reform/

https://calmatters.digitaldemocracy.org/bills/ca_202520260ab609?scrlybrkr=fbcd6308

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB609

https://cayimby.org/legislation/ab-609/?scrlybrkr=fbcd6308

https://www.kqed.org/news/12036917/bill-reform-controversial-environmental-law-faces-first-legislative-hurdle

https://calmatters.org/commentary/reader-reactions/2021/10/ceqa-has-a-harmful-effect-on-housing/

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