Washington Legislature Approves Infill Housing Environmental Review Exemptions with 97-3 Vote

UC Davis Law Professor Chris Elmendorf recently highlighted Washington state's near-unanimous legislative support for exempting infill housing from environmental review, challenging arguments that such reforms are detrimental. The Democratically-controlled Washington legislature passed a key reform with a 97-3 vote, offering a stark contrast to the contentious debate surrounding similar measures in California. This legislative action aims to accelerate housing development by streamlining permitting processes.

The California Environmental Quality Act (CEQA), a landmark environmental law enacted in 1970, requires extensive environmental studies for most development projects. While intended to safeguard the environment, critics argue that CEQA has frequently been weaponized to delay or halt housing projects, even those with minimal environmental impact. Professor Elmendorf directly addressed strong opposition, stating, "Next time someone says that ending CEQA review for infill housing is like reestablishing slavery or Jim Crow, ask yourself: 'Why did the Democratically controlled state legislature in Washington pass the same reform 97-3?'"

Washington's legislative efforts, particularly those in 2023, have significantly streamlined housing development by exempting zoning-compliant infill housing in urban growth areas from its State Environmental Policy Act (SEPA) review, which functions similarly to CEQA. This bipartisan consensus reflects a growing recognition of the urgent need to address housing shortages. Measures like HB 1576, which passed the Senate 47-2, and HB 1096, which passed with nearly unanimous votes, exemplify this broad support for reducing regulatory hurdles.

California is pursuing similar legislative changes, with bills like Assembly Bill 609 (AB 609) and Senate Bill 607 (SB 607) seeking to create broad CEQA exemptions for infill housing projects. Governor Gavin Newsom has publicly supported these reforms, emphasizing the need to align environmental laws with housing and climate goals. AB 609, for instance, aims to exempt code-compliant infill developments in existing urban areas from CEQA review, a move seen by proponents as a major step towards boosting housing supply.

The push for infill housing exemptions underscores a broader strategy to combat housing affordability crises and promote sustainable urban development. By encouraging construction within existing urban footprints, these reforms aim to reduce sprawl and leverage existing infrastructure. However, debates persist, with some environmental justice groups expressing concerns about potential impacts if affordability protections are not adequately integrated into the new streamlined processes.