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Provinces and territories commit to national biodiversity strategy — here’s what it means for nature

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Friday, May 26, 2023

By Ainslie Cruickshank Five months after Canada and 195 other countries inked a new agreement to save nature, most provinces and territories have agreed to collaborate on a new national biodiversity strategy, the federal government announced Friday.  In an interview with The Narwhal earlier this week, Environment and Climate Change Minister Steven Guilbeault said he is confident Canada will achieve its goal of conserving 30 per cent of marine areas. But Guilbeault warned meeting the country’s global commitment to conserve 30 per cent of lands and freshwater could be difficult without buy-in from all the provinces and territories. “As challenging as it was to broker this agreement in Montreal, domestic implementation is where the rubber hits the road,” Guilbeault said at a press conference Friday. “I’m very happy to report we’re all on the same page in recognizing the critical importance of protecting nature and the COP15 objectives,” he said. At COP15, an international nature conference held in December in Montreal, countries agreed to the Kunming-Montreal Global Biodiversity Framework, which lays out 23 targets to halt and ultimately reverse biodiversity decline. Though the federal government pledged to reach those targets, achieving them requires collaborative efforts from all levels of government. Alberta, which is in the midst of a provincial election campaign, did not participate in the meetings. Quebec, which is developing its own nature strategy in response to the global biodiversity agreement, participated as an observer. Environment and Climate Change Canada Minister Steven Guilbeault said he’s confident Canada will meet its target to conserve 30 per cent of land and water by 2030, but collaboration with provinces and territories and Indigenous leadership are key to success. Photo: Selena Phillips-Boyle / The Narwhal The Canadian Parks and Wilderness Society welcomed the announcement. “It’s taken a long time for governments to agree on the urgency, and today we’re relieved to finally mark the starting point of a pan-Canadian approach to collaborating in the work to halt and reverse biodiversity loss in Canada,” Sandra Schwartz, the organization’s national executive director, said in a statement. The language in the government’s press release is vague. It notes governments have reaffirmed their commitment “to collaborating on shared objectives for the conservation and sustainable use of Canada’s biodiversity, in accordance with each government’s priorities and jurisdiction.”  A key challenge for many governments is competing objectives to protect biodiversity and expand industries that are harmful to nature. Just this week, a coalition of environmental organizations launched a legal challenge over the approval of the controversial Roberts Bank Terminal 2 project in B.C. The project will destroy a piece of the Fraser River estuary, a biodiversity hotspot that is home to more than 100 at-risk species.  Lucero Gonzalez, a biodiversity campaigner with the Georgia Strait Alliance, one of the organizations behind the legal challenge, said there’s a “sense that Canada is really just waiting until the last possible moment to protect biodiversity and achieve its promised targets.” “But by the time they do it, it might already be too late,” she warned in an interview. What’s at stake for biodiversity in Canada Biodiversity is declining faster than at any other point in human history. One million species are already at risk of extinction, according to a landmark global assessment published in 2019. Canada isn’t immune. One in five wild species in Canada are at risk of disappearing; some are already gone. What happens in Canada over the next several years will have global implications. According to a federal discussion paper, 94 per cent of the world’s remaining wilderness areas are found in just 20 countries, with Canada responsible for the second largest area. The Vancouver Island marmot is one of more than 100 species at risk of extinction in Canada that exist nowhere else in the world. Photo: Frank Fichtmueller / Shutterstock In addition to buy-in from the provinces and territories, Guilbeault and Prime Minister Justin Trudeau have repeatedly acknowledged Indigenous leadership is crucial for advancing conservation and reconciliation with Indigenous peoples “The most important thing that governments can do is support, recognize and fully resource Indigenous-led conservation and stewardship, including [Indigenous Protected and Conserved Areas] and Guardians programs,” Valérie Courtois, director of the Indigenous Leadership Initiative, said in an email. “Every day I see examples of how Indigenous nations are offering solutions to the challenges of climate change and loss of biodiversity,” she said. “That’s the best and perhaps only path by which Canada can achieve its target of protecting 30 per cent of lands and waters by 2030.” Indigenous nations advancing conservation, but more support needed In December, the federal government announced $800 million over seven years to support some Indigenous-led conservation efforts. While it was encouraging to see a major funding announcement, “more is needed, especially at a regional scale,” according to Gillian Staveley, director of culture and land stewardship at the Dena Kayeh Institute, a non-profit focused on establishing a Kaska Dena Indigenous Protected and Conserved Area called Dene K’éh Kusān. “As much as I hate to say it, time is one of our biggest challenges,” Staveley said in an email. “We need to move faster to match the urgency of the crisis we face in our country.” This work is about more than averting the biodiversity and climate crises, Staveley added. “It also is about the ongoing stewardship of the land and water, and that is why we need supporting investments to strengthen our communities to build nationhood and to ensure that people on the ground are supported to do the work,” she said. “We have been developing a relationship with the land and to each other for millennia, and we know how to keep the land healthy.”  The Kaska Dena have proposed a large Indigenous Protected and Conserved Area, or IPCA, called Dene K’éh Kusān, which would help protect vital northern mountain caribou habitat. Photo: Jeremy Koreski / The Narwhal Staveley, who recently attended the First Nations National Guardians Gathering in Ottawa, said she is still feeling inspired by the stories she heard there. “The land Guardian initiatives across Canada are one of the few ways we can simultaneously address climate change, loss of biodiversity, and reconciliation,” she said. B.C. minister calls modern watershed, land-use planning ‘greatest hope’ for biodiversity but warns of capacity challenges In an interview with The Narwhal, B.C.’s Water, Land and Resource Stewardship Minister Nathan Cullen said the province views Indigenous-led conservation as the way forward on both conservation and reconciliation, calling it “a sea change” from the approach taken in even the last five or 10 years. B.C. has committed to protecting 30 per cent of land and waters by 2030 but progress has been slow. Cullen said a lot of “foundational” work is underway, including government-to-government negotiations with First Nations in several areas on modern land use plans and for a tripartite nature agreement among B.C., First Nations and the federal government. The “greatest hope” for biodiversity is better planning at a watershed or landscape level, he said. “The mistake that has been made in the past is going project by project, permit by permit, sometimes species by species,” Cullen said.  He said the B.C. government’s ability to meet the demand for better land-use planning across the province is challenged by a lack of capacity. “We’re getting calls and serious discussions from all corners of the province,” he said. Finding enough people to sit at many different discussion tables is a challenge, he said. Gillian Staveley, director of culture and land stewardship at the Dena Kayeh Institute, says more support is needed for Indigenous-led conservation on the ground. Photo: Taylor Roades / The Narwhal As discussions continue, the province is regularly making decisions around mining, logging, oil and gas and other developments, often with major implications for biodiversity. Significant gaps in B.C.’s laws and regulations — including the lack of a stand-alone law to protect at-risk species – continue to put wildlife and biodiversity in further jeopardy. So far, B.C. has conserved 19.6 per cent of land in the province through protected areas and other mechanisms. A report published May 24 by Canadian Parks and Wilderness Society pointed to the Dene K’éh Kusān IPCA as a key conservation opportunity in B.C. “We have high hopes for the co-governance of this region, and we know that governments see the value in working together to protect and safeguard more land and waters to meet our collective stewardship goals,” she said. Cullen seemed similarly optimistic. Though the minister said there’s still a lot of work ahead, he said he’s “feeling incredibly encouraged.” Approving Roberts Bank terminal expansion was a ‘difficult decision,’ Guilbeault says The Canadian Parks and Wilderness Society report found a mixed bag of progress on conservation across the country. Some provinces, including B.C. which scored a C in 2021, have made “significant progress” on conservation since the previous report card. Progress was minimal in others, including in Ontario and Alberta. So far, 13.6 per cent of land and freshwater and 14.7 per cent of marine areas have been conserved across the country.  “We are taking this seriously,” Guilbeault said in an interview this week. “I sense that there are a lot more people out there who believe we are trying to make a difference when it comes to nature.” The federal government has committed more than $8 billion towards conservation, including $3.2 billion for tree planting, $1.4 billion to conserve and restore wetlands, $800 million in Indigenous-led initiatives and almost $1 billion to protect marine areas. On Friday, Fisheries and Oceans Minister Joyce Murray announced $36.6 million over the next five years to fight aquatic invasive species, including funding to address the spread of European green crabs in B.C. Invasive species, including European green crabs which are spreading up the coast of B.C., are a major threat to biodiversity worldwide. Photos: Melissa Renwick / The Narwhal In addition to developing a strategy to meet the 2030 targets, Guilbeault has committed to tabling biodiversity accountability legislation by early 2024 at the latest. He pointed to the federal climate accountability legislation, which requires the government to report on its progress towards emissions reductions targets. “What is true of climate is as true of our nature targets — we need a similar type of imposed discipline on governments, really, ours and those that will follow afterwards,” Guilbeault said.  Gonzalez, with the Georgia Strait Alliance, said she’d like to see the accountability act include a mechanism to allow the public to take legal action against the government if it fails to meet its biodiversity goals. Gonzalez called the Roberts Bank project a step backwards for biodiversity conservation. The global biodiversity agreement wasn’t just about “slowing down biodiversity loss,” she said. “They signed an agreement to halt, completely halt biodiversity loss and start working towards restoring that lost biodiversity.” The request for judicial review hinges on the argument that a project can’t be justified under environmental assessment legislation if it contravenes the Species at Risk Act, she said. Guilbeault said approving the terminal expansion was a “difficult decision.” “Every project we approve has impacts,” he said, including transit projects and solar farms. “If that’s the stick by which our action is measured then we can never win.” Guilbeault said the new impact assessment process attempts to better balance impacts with economic development. “That tension is always going to be there, we can’t escape it,” he said.  Restoring biodiversity requires more than ‘tinkering around the edges’ Justina Ray, president and senior scientist with the Wildlife Conservation Society Canada, said the agreements made in the global biodiversity framework represent “transformational change.” “We’re not talking about tinkering around the edges, we’re talking about doing things quite differently,” she said. As Canada develops its new biodiversity strategy, she doesn’t want to see the targets “get cherry picked.” “It could be very tempting to say ‘okay, well we’ll take a few of them and see how far we get,’ but many of them interact together,” she said. Guilbeault said there is “some urgency” to protect more lands and waters, because it also reduces the amount of restoration work needed later. But that doesn’t mean the government is setting the other targets aside. Public consultations launched earlier this month will address them all, he said. The initial public consultation runs until July 14.

By Ainslie Cruickshank Five months after COP15, governments in Canada agree to work together to protect the country’s lands and waters, but progress is slow

Five months after Canada and 195 other countries inked a new agreement to save nature, most provinces and territories have agreed to collaborate on a new national biodiversity strategy, the federal government announced Friday. 

In an interview with The Narwhal earlier this week, Environment and Climate Change Minister Steven Guilbeault said he is confident Canada will achieve its goal of conserving 30 per cent of marine areas. But Guilbeault warned meeting the country’s global commitment to conserve 30 per cent of lands and freshwater could be difficult without buy-in from all the provinces and territories.

“As challenging as it was to broker this agreement in Montreal, domestic implementation is where the rubber hits the road,” Guilbeault said at a press conference Friday.

“I’m very happy to report we’re all on the same page in recognizing the critical importance of protecting nature and the COP15 objectives,” he said.

At COP15, an international nature conference held in December in Montreal, countries agreed to the Kunming-Montreal Global Biodiversity Framework, which lays out 23 targets to halt and ultimately reverse biodiversity decline. Though the federal government pledged to reach those targets, achieving them requires collaborative efforts from all levels of government.

Alberta, which is in the midst of a provincial election campaign, did not participate in the meetings. Quebec, which is developing its own nature strategy in response to the global biodiversity agreement, participated as an observer.

Steven Guilbeault in a winter jacket
Environment and Climate Change Canada Minister Steven Guilbeault said he’s confident Canada will meet its target to conserve 30 per cent of land and water by 2030, but collaboration with provinces and territories and Indigenous leadership are key to success. Photo: Selena Phillips-Boyle / The Narwhal

The Canadian Parks and Wilderness Society welcomed the announcement.

“It’s taken a long time for governments to agree on the urgency, and today we’re relieved to finally mark the starting point of a pan-Canadian approach to collaborating in the work to halt and reverse biodiversity loss in Canada,” Sandra Schwartz, the organization’s national executive director, said in a statement.

The language in the government’s press release is vague. It notes governments have reaffirmed their commitment “to collaborating on shared objectives for the conservation and sustainable use of Canada’s biodiversity, in accordance with each government’s priorities and jurisdiction.” 

A key challenge for many governments is competing objectives to protect biodiversity and expand industries that are harmful to nature.

Just this week, a coalition of environmental organizations launched a legal challenge over the approval of the controversial Roberts Bank Terminal 2 project in B.C. The project will destroy a piece of the Fraser River estuary, a biodiversity hotspot that is home to more than 100 at-risk species

Lucero Gonzalez, a biodiversity campaigner with the Georgia Strait Alliance, one of the organizations behind the legal challenge, said there’s a “sense that Canada is really just waiting until the last possible moment to protect biodiversity and achieve its promised targets.”

“But by the time they do it, it might already be too late,” she warned in an interview.

What’s at stake for biodiversity in Canada

Biodiversity is declining faster than at any other point in human history. One million species are already at risk of extinction, according to a landmark global assessment published in 2019. Canada isn’t immune. One in five wild species in Canada are at risk of disappearing; some are already gone.

What happens in Canada over the next several years will have global implications. According to a federal discussion paper, 94 per cent of the world’s remaining wilderness areas are found in just 20 countries, with Canada responsible for the second largest area.

A photo of a marmot
The Vancouver Island marmot is one of more than 100 species at risk of extinction in Canada that exist nowhere else in the world. Photo: Frank Fichtmueller / Shutterstock

In addition to buy-in from the provinces and territories, Guilbeault and Prime Minister Justin Trudeau have repeatedly acknowledged Indigenous leadership is crucial for advancing conservation and reconciliation with Indigenous peoples

“The most important thing that governments can do is support, recognize and fully resource Indigenous-led conservation and stewardship, including [Indigenous Protected and Conserved Areas] and Guardians programs,” Valérie Courtois, director of the Indigenous Leadership Initiative, said in an email.

“Every day I see examples of how Indigenous nations are offering solutions to the challenges of climate change and loss of biodiversity,” she said. “That’s the best and perhaps only path by which Canada can achieve its target of protecting 30 per cent of lands and waters by 2030.”

Indigenous nations advancing conservation, but more support needed

In December, the federal government announced $800 million over seven years to support some Indigenous-led conservation efforts. While it was encouraging to see a major funding announcement, “more is needed, especially at a regional scale,” according to Gillian Staveley, director of culture and land stewardship at the Dena Kayeh Institute, a non-profit focused on establishing a Kaska Dena Indigenous Protected and Conserved Area called Dene K’éh Kusān.

“As much as I hate to say it, time is one of our biggest challenges,” Staveley said in an email. “We need to move faster to match the urgency of the crisis we face in our country.”

This work is about more than averting the biodiversity and climate crises, Staveley added. “It also is about the ongoing stewardship of the land and water, and that is why we need supporting investments to strengthen our communities to build nationhood and to ensure that people on the ground are supported to do the work,” she said.

“We have been developing a relationship with the land and to each other for millennia, and we know how to keep the land healthy.” 

A photo of three northern mountain caribou in a snow alpine area, a rocky peak is visible in the background
The Kaska Dena have proposed a large Indigenous Protected and Conserved Area, or IPCA, called Dene K’éh Kusān, which would help protect vital northern mountain caribou habitat. Photo: Jeremy Koreski / The Narwhal

Staveley, who recently attended the First Nations National Guardians Gathering in Ottawa, said she is still feeling inspired by the stories she heard there.

“The land Guardian initiatives across Canada are one of the few ways we can simultaneously address climate change, loss of biodiversity, and reconciliation,” she said.

B.C. minister calls modern watershed, land-use planning ‘greatest hope’ for biodiversity but warns of capacity challenges

In an interview with The Narwhal, B.C.’s Water, Land and Resource Stewardship Minister Nathan Cullen said the province views Indigenous-led conservation as the way forward on both conservation and reconciliation, calling it “a sea change” from the approach taken in even the last five or 10 years.

B.C. has committed to protecting 30 per cent of land and waters by 2030 but progress has been slow. Cullen said a lot of “foundational” work is underway, including government-to-government negotiations with First Nations in several areas on modern land use plans and for a tripartite nature agreement among B.C., First Nations and the federal government.

The “greatest hope” for biodiversity is better planning at a watershed or landscape level, he said.

“The mistake that has been made in the past is going project by project, permit by permit, sometimes species by species,” Cullen said. 

He said the B.C. government’s ability to meet the demand for better land-use planning across the province is challenged by a lack of capacity.

“We’re getting calls and serious discussions from all corners of the province,” he said. Finding enough people to sit at many different discussion tables is a challenge, he said.

As discussions continue, the province is regularly making decisions around mining, logging, oil and gas and other developments, often with major implications for biodiversity. Significant gaps in B.C.’s laws and regulations — including the lack of a stand-alone law to protect at-risk species – continue to put wildlife and biodiversity in further jeopardy.

So far, B.C. has conserved 19.6 per cent of land in the province through protected areas and other mechanisms.

A report published May 24 by Canadian Parks and Wilderness Society pointed to the Dene K’éh Kusān IPCA as a key conservation opportunity in B.C.

“We have high hopes for the co-governance of this region, and we know that governments see the value in working together to protect and safeguard more land and waters to meet our collective stewardship goals,” she said.

Cullen seemed similarly optimistic. Though the minister said there’s still a lot of work ahead, he said he’s “feeling incredibly encouraged.”

Approving Roberts Bank terminal expansion was a ‘difficult decision,’ Guilbeault says

The Canadian Parks and Wilderness Society report found a mixed bag of progress on conservation across the country. Some provinces, including B.C. which scored a C in 2021, have made “significant progress” on conservation since the previous report card. Progress was minimal in others, including in Ontario and Alberta.

So far, 13.6 per cent of land and freshwater and 14.7 per cent of marine areas have been conserved across the country. 

“We are taking this seriously,” Guilbeault said in an interview this week. “I sense that there are a lot more people out there who believe we are trying to make a difference when it comes to nature.”

The federal government has committed more than $8 billion towards conservation, including $3.2 billion for tree planting, $1.4 billion to conserve and restore wetlands, $800 million in Indigenous-led initiatives and almost $1 billion to protect marine areas. On Friday, Fisheries and Oceans Minister Joyce Murray announced $36.6 million over the next five years to fight aquatic invasive species, including funding to address the spread of European green crabs in B.C.

In addition to developing a strategy to meet the 2030 targets, Guilbeault has committed to tabling biodiversity accountability legislation by early 2024 at the latest.

He pointed to the federal climate accountability legislation, which requires the government to report on its progress towards emissions reductions targets.

“What is true of climate is as true of our nature targets — we need a similar type of imposed discipline on governments, really, ours and those that will follow afterwards,” Guilbeault said. 

Gonzalez, with the Georgia Strait Alliance, said she’d like to see the accountability act include a mechanism to allow the public to take legal action against the government if it fails to meet its biodiversity goals.

Gonzalez called the Roberts Bank project a step backwards for biodiversity conservation.

The global biodiversity agreement wasn’t just about “slowing down biodiversity loss,” she said. “They signed an agreement to halt, completely halt biodiversity loss and start working towards restoring that lost biodiversity.”

The request for judicial review hinges on the argument that a project can’t be justified under environmental assessment legislation if it contravenes the Species at Risk Act, she said.

Guilbeault said approving the terminal expansion was a “difficult decision.”

“Every project we approve has impacts,” he said, including transit projects and solar farms. “If that’s the stick by which our action is measured then we can never win.”

Guilbeault said the new impact assessment process attempts to better balance impacts with economic development.

“That tension is always going to be there, we can’t escape it,” he said. 

Restoring biodiversity requires more than ‘tinkering around the edges’

Justina Ray, president and senior scientist with the Wildlife Conservation Society Canada, said the agreements made in the global biodiversity framework represent “transformational change.”

“We’re not talking about tinkering around the edges, we’re talking about doing things quite differently,” she said.

As Canada develops its new biodiversity strategy, she doesn’t want to see the targets “get cherry picked.”

“It could be very tempting to say ‘okay, well we’ll take a few of them and see how far we get,’ but many of them interact together,” she said.

Guilbeault said there is “some urgency” to protect more lands and waters, because it also reduces the amount of restoration work needed later.

But that doesn’t mean the government is setting the other targets aside. Public consultations launched earlier this month will address them all, he said.

The initial public consultation runs until July 14.

Read the full story here.
Photos courtesy of

Container deposit schemes reduce rubbish on our beaches. Here’s how we proved it

Volunteers have been collecting and sorting washed-up rubbish on the beach for years. Thanks to their efforts, we have data on whether container deposit schemes help the issue.

ShutterstockOur beaches are in trouble. Limited recycling programs and a society that throws away so much have resulted in more than 3 million tonnes of plastic polluting the oceans. An estimated 1.5–1.9% of this rubbish ends up on beaches. So can waste-management strategies such as container deposit schemes make a difference to this 50,000–60,000 tonnes of beach rubbish? The Queensland government started a container deposit scheme in 2019. We wanted to know if it reduced the rubbish that washed up on beaches in a tourist hotspot, the Whitsundays region. To find out, our study, the first of its kind, used data from a community volunteer group through the Australian Marine Debris Initiative Database. It turned out that for the types of rubbish included in the scheme – plastic bottles and aluminium cans – the answer was an emphatic yes. Read more: Spotting plastic waste from space and counting the fish in the seas: here's how AI can help protect the oceans Container deposit schemes work After the scheme began, there were fewer plastic bottles and aluminium cans on Whitsundays beaches. Volunteer clean-up workers collected an average of about 120 containers per beach visit before the scheme began in 2019. This number fell to 77 in 2020. Not only that, but those numbers stayed down year after year. This means people continued to take part in the scheme for years. Rubbish that wasn’t part of the scheme still found its way to the beaches. However, more types of rubbish such as larger glass bottles are being added to the four-year-old Queensland scheme. Other states and territories have had schemes like this for many years, the oldest in South Australia since 1971. But we didn’t have access to beach data from before and after those schemes started. So our findings are great news, especially as some of these other schemes are set to expand too. The evidence also supports the creation of new schemes in Victoria this November and Tasmania next year. These developments give reason to hope we will see further reductions in beach litter. Read more: Spin the bottle: the fraught politics of container deposit schemes The data came from the community To find out whether the scheme has reduced specific sorts of rubbish on beaches we needed a large amount of data from before and after it began. The unsung heroes of this study are the diligent volunteers who provided us with these data. They have been recording the types and amounts of rubbish found during their cleanups at Whitsundays beaches for years. Eco Barge Clean Seas Inc has been doing this work since 2009. In taking that extra step of counting and sorting the rubbish, they may not have known it at the time, but they were creating a data gold mine. We would eventually use their data to prove the container deposit scheme works. The rubbish clean-ups are continuing. This means we’ll be able to see how adding more rubbish types to the scheme will further reduce rubbish on beaches. The long-term perspective we can gain from such data is testament to this sustained community effort. Read more: Local efforts have cut plastic waste on Australia's beaches by almost 30% in 6 years There’s still more work to do So if we recycle our plastics, why do we still get beaches covered in rubbish? The reality is that most plastics aren’t recycled. This is mainly due to two problems: technological limitations on the sorting needed to avoid contamination of waste streams inadequate incentives for people to reduce contamination by properly sorting their waste, and ultimately to use products made from recycled waste. Our findings show we can create more sustainable practices and a cleaner environment when individuals are given incentives to recycle. However, container deposit schemes don’t just provide a financial reward. Getting people directly involved in recycling fosters a sense of responsibility for the environment. This connection between people’s actions and outcomes is a key to such schemes’ success. Read more: The new 100% recyclable packaging target is no use if our waste isn't actually recycled Our study also shows how invaluable community-driven clean-up projects are. Not only do they reduce environmental harm and improve our experiences on beaches, but they can also provide scientists like us with the data we need to show how waste-management policies affect the environment. Waste management is a concern for communities, policymakers and environmentalists around the world. The lessons from our study apply not only in Australia but anywhere that communities can work with scientists and governments to solve environmental problems. The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

How California lawmakers greenlit ‘any flavor of affordable housing you could possibly want’

A patchwork of bills are giving housing developers and local governments more options to reduce red tape for housing projects.

In summary A patchwork of bills are giving housing developers and local governments more options to reduce red tape for housing projects. You may not have seen the headlines (there weren’t any). You may have missed the raucous debate (there wasn’t much of one). But with the end of the legislative session last week, California is now on the verge of laying down a welcome mat for most major affordable housing projects across the state. That’s not because of a single bill, but a patchwork of current and former legislation that, taken together, “basically covers any flavor of affordable housing you could possibly want to build,” said Linda Mandolini, president of Eden Housing, an affordable housing development nonprofit. Homes designated for low-income occupants, like all housing projects, face a gauntlet of potential challenges and hold-ups that add to the already exorbitant cost of affordable housing in California. Those hurdles include lawsuits filed under the wide-ranging California Environmental Quality Act, extensive public hearings and other forms of opposition from local government. Now, affordable housing projects — in most places and most of the time — may soon be exempt from all that, fitted out in a suit of procedural armor made up of some half a dozen bills and laws. A bill now sitting on the governor’s desk would cover up one of the last chinks in that armor. Assembly Bill 1449, authored by two Democratic Assemblymembers, David Alvarez of San Diego and Buffy Wicks of Oakland, would exempt certain affordable apartment developments from review under CEQA. To qualify, projects would have to be located in dense urban areas, set aside each unit for someone earning less than 80% the area median income and abide by stricter labor standards, among other requirements.  Though modest and technical-sounding, that’s unusually broad for new construction in California.  “I do think it’s gonna be very consequential but it’s kind of flown under the radar,” Alvarez said. His explanation why: “The politics of where Californians are and certainly where the Legislature is — we want to see results. We want to see housing being produced.” Learn more about legislators mentioned in this story D David Alvarez State Assembly, District 80 (Chula Vista) Expand for more about this legislator D David Alvarez State Assembly, District 80 (Chula Vista) Time in office 2022—present Background Small Business Owner Contact Email Legislator How he voted 2021-2022 Liberal Conservative District 80 Demographics Voter Registration Dem 47% GOP 20% No party 26% Campaign Contributions Asm. David Alvarez has taken at least $192,000 from the Finance, Insurance & Real Estate sector since he was elected to the legislature. That represents 9% of his total campaign contributions. Taken together with a handful of other bills and current laws, said Mark Stivers, a lobbyist with the California Housing Partnership, which co-sponsored AB 1449, the new legislation “effectively make it possible for affordable housing providers to develop nearly all viable sites in California by-right and exempt from CEQA review.” Speeding up approval for these projects comes with a trade-off. Environmental justice organizations, labor unions and various opponents of new development see CEQA as a vital tool to weigh in and on what gets built, where and and under what terms.  “Our communities rely heavily on CEQA to be able to get more information about proposed developments that might be contributing to further pollution,” said Grecia Orozco, a staff attorney with the nonprofit Center on Race, Poverty and the Environment.  Local activists also often flood the public meetings of city councils and planning boards to pressure elected officials to block unpopular projects or extract concessions from developers.  Whether AB 1449 and a handful of similar bills become law is now up to Gov. Gavin Newsom. Supporters have reason to be optimistic. The Newsom administration is pushing local governments to approve an unprecedented 2.5 million additional homes by 2030, he called the CEQA process “broken” and in the spring he rolled out a package of bills aimed at speeding up environmental challenges to projects — though housing was not included.  He has until Oct. 14 to sign or veto the bills now sitting on his desk. A patchwork of carve-outs  The Alvarez-Wicks bill isn’t the first legislative effort to grease the skids for new affordable housing.  Two others, both authored by San Francisco Democratic Sen. Scott Wiener, would force local governments to automatically approve apartment buildings in housing-strapped parts of the state and most affordable housing projects on the properties of houses of worship and nonprofit colleges, so long as they comply with a list zoning, affordability and labor requirements.  A third piece of legislation by San Jose Democratic Sen. Dave Cortese exempts the decision by local governments to fund affordable housing projects from environmental challenges, too. Newsom already signed it. “We want to see housing being produced.”Assemblymember David alvarez, democrat, chula vista Still awaiting the governor’s pen are a handful of bills that make it more difficult to stall housing projects though environmental lawsuits in general. That includes a bill by Sen. Nancy Skinner, a Berkeley Democrat, that would make it easier for courts to toss out environmental challenges they deem “frivolous” or “solely intended to cause unnecessary delay.” Another by Assemblymember Phil Ting, a San Francisco Democrat, would give local officials a deadline by which to approve or deny a project’s environmental review. The Ting proposal was fiercely opposed by many environmental activists and the State Building and Construction Trades Council, an umbrella group that represents many unionized construction workers. The bill would also make it more difficult for courts to award legal fees to groups that sue to block projects through CEQA. J.P. Rose, a staff attorney with the Center for Biological Diversity, which regularly brings such suits, called that provision “the largest weakening of CEQA in recent history.” The fact that this long list of bills passed the Legislature — some by healthy margins — amounts to a notable political shift, said Christopher Elmendorf, a law professor at UC Davis who advised Ting on the bill. “I think it illustrates that a sea change is underfoot in how people are starting to think about these environmental review laws,” he said, though he noted that the shift in California is still modest compared to those underway in other states.  Earlier this year, the Washington legislature nearly unanimously passed a law to exempt virtually all new urban housing from that state’s environmental protection law. The grand bargain continued Many of the California bills build on a law passed last year that streamlines affordable housing construction along commercial corridors.  In cobbling together the law, its author, Wicks, struck a compromise: In exempting certain housing projects from environmental challenge and other local hurdles, developers would pay workers a higher minimum wage, provide them with health care benefits and abide by other stricter labor standards. That trade was the key to winning the support of the state carpenters’ union and breaking up a legislative logjam that had stymied housing production bills for years.  It also provided a template for Wiener’s two streamlining bills this year, along with the Alvarez-Wicks CEQA exemption proposal.  “That really laid the foundation for those of us who did work in the housing space this year,” said Alvarez. “Our communities rely heavily on CEQA to be able to get more information about proposed developments that might be contributing to further pollution.”Grecia Orozco, staff attorney, the nonprofit Center on Race, Poverty and the Environment Not every pro-housing advocate or CEQA critic is so content with the bargain. “A lot of these bills help a little,” said Jennifer Hernandez, a land use attorney at the law firm Holland & Knight, who has catalogued CEQA challenges to housing projects for years. But she notes that swapping out the threat of environmental litigation with higher payroll expenses just replaces one cost with another.  In practice, she said, these exemptions are only likely to clear the way for substantial new housing construction in higher cost areas where developers can make up the difference by charging higher rents to non-subsidized residents. “You really need premium rentals to pay for those higher labor standards,” she said. But for many affordable housing developers, it’s still a trade worth making. “You’ve got really strong laws, clear exemptions, and an attorney general who’s willing to step up and say you got to build it,” said Mandolini with Eden Housing, who has been working on housing in the state for more than two decades. “This is the best it has been in California…If this had all existed 20 years ago, we might have built a lot more housing a lot faster.”

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