Letter from the Planning and Conservation League and request for actions to encouarging the Governor Newosm to veto SB10.
PCL appreciates the continued efforts of Senator Wiener, and this bill’s multiple co-authors, to address California’s affordable housing crisis, but SB 10 misses the mark Amongst other concerns with the bill, our primary objection lies with the provision that would allow cities and counties to override local voter-approved initiatives in the enactment of SB 10’s provisions.
We sympathize with the need to revisit outdated voter-approved land use ordinances that inhibit inclusionary densification, but giving unilateral authority to jurisdictions to over-ride the constitutionally-defined power of the people is the wrong approach. Amendments made to limit this provision do not go far enough to address the sweeping implications this could have on all types of constructive voter-approved land use actions–including urban growth boundaries, inclusionary housing ordinances, and rent-control ordinances. SB 10 will undermine the voter-initiative power of the public, a fundamental tenet of a functioning democracy.
Judicial remedies already exist to invalidate outdated initiatives. The legislature has the power to preempt what the public can or cannot vote on by statute, but the legislature does not have the authority to alter the constitutionally defined power itself by statute. We believe SB 10 would be unconstitutional if enacted, and for this reason, we urge the Governor to veto this bill.
If this concerns you as well, please send a note to the Governor here:
https://govapps.gov.ca.gov/gov40mail/
Formal letters can also be submitted to this address:
leg.unit@gov.ca.gov
Please feel free to use the wording above as a template for your comments
If you want PCL’s view on the rest of SB 10, read on:
Continue reading “SB 10 Should Be Vetoed – PCL’s View Explained”
