(June 28, 2005) California Chamber of Commerce-opposed legislation that slows the general plan process and increases opportunities for litigation, will be heard by the Assembly Local Government Committee tomorrow.

“While improving air quality in California is a goal that we can all agree on, forcing cities to adopt an air quality element or amend their general plans to include numerous air quality findings is not the way to accomplish it,” said Charles Bacchi, Chamber legislative advocate.  “SB 44 will add a costly mandate on local general plans, which will do little to improve air quality while instead helping slow the inevitable growth in housing supply needed to meet our population demands.”

The Chamber considers SB 44 (Kehoe; D-San Diego) a “job killer” because it slows development of affordable housing and increases the opportunities for unnecessary litigation by forcing local government to integrate two incompatible planning processes.

SB 44 would mandate that local governments amend their existing general plans or adopt new plans that include air quality assessments.  This mandate will serve to slow the development of new general plans and the implementation of existing plans. 

This mandate could not come at a worse time.  California must increase the supply of housing available to its citizens and the local planning process should be streamlined to help encourage growth.   California is failing to meet the demand for affordable housing for its residents as it is; SB 44 will only worsen the current situation. This bill moves the state in the wrong direction.

SB 44 also increase opportunities for lawsuits intended to stop the development of new homes.  Local general plans are frequently the target of California Environmental Quality Act (CEQA) lawsuits.  By forcing local governments to include an air quality element, SB 538 just adds one more opportunity for opponents of new homes to sue.

Action Needed
The Chamber is urging all employers to write members of the Assembly Local Government Committee opposing SB 44. A sample letter is available on the Chamber’s website.

For more information on SB 44 or for up-to-date information on the 2005 “job killer” list, please visit the Chamber’s website at www.calchamber.com/jobkillers.