California’s Drought Is an Infrastructure Problem

“policymakers spend too much time worrying about how much water Californians use to run their households—and too little time figuring out how to bring more water into our system. The state hasn’t built significant water infrastructure since Didion penned that essay—when the state had

How Demands for ‘Local Control’ Become an Excuse for NIMBYism

“These “get off my lawn” conservatives claim to be upholding the principle of local control by arguing that local government officials rather than bureaucrats in far-off Sacramento get to make development decisions. It sounds good in theory given the Jeffersonian concept that the government closest to the people governs best.

The better quotation (actually used by Henry David Thoreau but often misattributed to Thomas Jefferson) is “that government is best which governs the least.” The goal—for those of us who value freedom—isn’t to allow the right government functionary to control us, but to have less government control overall.

Local officials are easier to kick out of office than officials in Sacramento or Washington, D.C., but the locals can be extremely abusive. They know where we live, after all. I’ve reported extensively on California’s defunct redevelopment agencies, and local tyrants would routinely abuse eminent domain under the guise of local control.

“Under S.B. 9, cities are required to approve these lot splits ‘ministerially,’ without any reviews, hearings, conditions, fees or environmental impact reports,” complains my Southern California News Group colleague, Susan Shelley.

Oh, please.

Conservatives have for decades complained about the subjective nature of bureaucratic and public reviews, the evils of the California Environmental Quality Act (CEQA), and excessive fees. Now there’s a law that fixes that, albeit in a limited manner, and they are grabbing their pitchforks.

S.B. 9 and S.B. 10 do not put Sacramento bureaucrats in charge of the locals. Instead, they deregulate certain development decisions, by requiring officials to approve a project “by right” provided it meets all the normal regulations. It eliminates subjectivity and defangs CEQA. Yet this greatly upsets them.”

“If conservatives seriously believe local control is the trump card, then they should lobby for the repeal of Proposition 13, which is a state-imposed restriction on local governments’ authority to raise property taxes. I find Prop. 13 to be one of the best laws ever passed in this state. They should also oppose Republican efforts at the federal level to limit the ability of blue states to regulate the heck out of us.”

San Francisco Legalizes ‘Missing Middle’ Housing in the Worst Way Possible

“There’s a clear lesson emerging from the first cities that have legalized “missing middle” housing. The more rules you lift on the construction of these two-, three-, and four-unit homes, the more you’ll actually see built.
San Francisco politicians have absorbed this information and are now using it for evil. On Tuesday, the San Francisco Board of Supervisors passed an ordinance theoretically legalizing fourplexes in the city’s lowest density neighborhoods, but only under conditions that will ensure almost none of this housing actually gets built.”

The War on Weed Continues in California, Which Supposedly Legalized Marijuana Six Years Ago

“The cannabis industry, of course, remains completely illegitimate in the eyes of the federal government. That means anyone who grows or distributes marijuana in California, even with the state’s approval, is committing federal felonies every day. But even though President Joe Biden wants to keep it that way, he has promised not to interfere with states that reject marijuana prohibition. So why are the feds not only busting marijuana merchants in California but doing so in collaboration with local law enforcement agencies?

The explanation, as you may have surmised, is that these particular marijuana merchants were breaking state law as well as federal law. Their businesses were not just “illegal” but also “unlicensed.” Yet the fact that unlicensed pot dealers continue to thrive in California is testimony to the ways in which the state has botched legalization. Most local governments do not allow recreational sales, and even those that do frequently impose caps that artificially limit the supply. Bureaucratic barriers, costly regulations, and high taxes are daunting deterrents for weed dealers who otherwise might be inclined to go legit.

Those burdens, combined with local bans, explain why unlicensed sales still account for about two-thirds of the marijuana purchased in California. As a recent report from Reason Foundation (which publishes Reason) notes, California has one licensed recreational outlet per 29,282 residents, compared to one per 13,838 in Colorado and one per 6,145 in Oregon. Worse, the report adds, California’s stores are distributed unevenly across the state, leading to “massive cannabis deserts” where “consumers have no access to a legal retailer within a reasonable distance of their home.””

Modest Tax Relief Comes to California’s Cannabis Growers

“One of California’s many oppressive taxes on the cannabis industry has been laid to rest. Gov. Gavin Newsom has signed into law A.B. 195, which eliminates the state’s cultivation tax.

California’s cultivation tax, unique among the states that have legalized marijuana sales, forced growers to pay the state for each ounce of cannabis grown. This tax was separate from the state’s 15 percent excise tax and state and local sales taxes.

Because the cultivation tax rate was automatically indexed to inflation, it had actually been increasing thanks to the state of the economy. Anybody attempting to legally grow marijuana shouldered a heavy tax burden, which then flowed downstream to consumers, many of whom realized it was cheaper to continue purchasing marijuana on the black market. The end result: two-thirds of marijuana purchases in the Golden State take place through unlicensed vendors. Because it’s so expensive to grow legally, illegal grow operations abound within the state, leading to more police raids, arrests, and prosecutions, not to mention corrupt practices among local governments who have the power to pick and choose which businesses can open up shop legally.”

“A.B. 195 also bends the knee to the state’s labor unions by reducing the threshold from 20 to 10 employees to require that aspiring licensees enter into a labor peace agreement with a qualifying labor organization. A labor peace agreement is a deal between a business and a labor union that the business will not oppose a unionization effort and the union will not encourage strikes or work stoppages. Making it a mandatory requirement in order to get a license essentially gives labor unions a type of veto power over who can and can’t operate a marijuana business. These agreements also, by their nature, require both sides to waive certain rights under the federal National Labor Relations Act.”

California’s Competitors

“The median home value in San Francisco in 2022 is above $1.5 million, according to the Zillow Home Value Index, which shows home values rising by more than 10 percent in the past year alone. In nearby San Jose, Redfin reports a median home price of $1.45 million—but home values have risen by a staggering 24 percent in the last year. Today’s Bay Area is simply unaffordable for most people, in part because California regulations hinder new construction and in part because natural geographical constraints reduce the total amount of buildable space; San Francisco has a huge housing supply shortage that shows no signs of being remedied soon.

Pair this with complaints that the city has failed to handle its homelessness problem, leading to open-air drug scenes and massive tent encampments in neighborhoods like the Tenderloin. One in every 100 San Franciscans is homeless, and California is a national outlier in terms of what proportion of the homeless population is actively “unsheltered,” as in, sleeping on the streets or under highway overpasses. In San Francisco, 73 percent of the city’s homeless population is considered unsheltered. That’s not normal, even for a big city: In New York City, the figure is about 3 percent.

And then there was the pandemic, which made many big tech offices obsolete: Twitter, Yelp, and Airbnb attempted to sublease their expensive Bay Area office spaces. Pinterest paid almost $90 million in the third quarter of 2020 to break the lease of their almost 500,000-square-foot office space. For many workers, the value of living in San Francisco dropped. Why pay a premium to live near an office you aren’t going to?

Finally, there was the broader sense, especially among high-value tech workers, that San Francisco and its neighbors were uninterested and unresponsive, focused only on extracting from their most productive citizens in the form of high taxes, which fund poor city services. In the last few years, many have simply grown tired of paying exorbitant taxes for the privilege of living in California—one that now bestows little in return.

Hence the Golden State exodus. In 2021, for the first time ever, California lost a congressional seat. The state didn’t technically lose population, but it didn’t have the same growth rate as the rest of the country.”

“the shift also owes something to responsive governance. Leaders of other cities have actively courted the movers. In December 2020, venture capitalist Delian Asparouhov tweeted “ok guys hear me out, what if we move silicon valley to miami.” Miami Mayor Francis Suarez responded promptly, “How can I help?”

Yet as Bay Area tech workers depart, it remains an open question whether those new pastures will truly be greener. The city of Austin has faced rising housing costs, stemming in part from restrictions on development. Miami has struggled with corruption and policing problems. San Francisco’s urban competitors are cheaper, for now, but there are already worrying signs that the cities luring tech’s highly mobile, highly desirable workers are already poised to repeat many of the same mistakes that drove so many Californians away.”

“In 2012, Austin city officials saw the writing on the wall and proactively tried to remedy these problems by moving toward a zoning code rewrite. The 30-year-old code had outlasted its usefulness, and with massive population growth, city planners needed to allow for much more density.

The city’s newly proposed zoning code was dubbed CodeNEXT, as part of a forward-looking urban revitalization plan, Imagine Austin. The new code aimed to reduce the strict separations between Austin’s residential and commercial corridors, allowing for more mixed-use buildings and more housing overall.

It would’ve scrapped single-family zoning restrictions in many areas, allowing for duplexes, triplexes, fourplexes, and apartment buildings to be built in their stead; it would’ve allowed for urban in-fill instead of forcing newcomers to gravitate toward far-flung suburbs; it would’ve reduced or eliminated minimum parking requirements in some places too. It wasn’t exactly an urbanist’s dream—some criticized it for not going far enough with regard to density—but it was a reasonable step toward that ideal.”

“By 2018, the project was dead in the water, having been met with fierce opposition primarily from neighborhood preservationists and homeowners, who had seen their homes double in price over the last five or 10 years.”

California Fights Inflation by Sending People Free Money

“Every taxpayer earning less than $75,000, or joint-filers earning less than $150,000, will receive a $350 check, plus another $350 if they have children, reports CBS. A married couple with children would qualify for the maximum of $1,050. Higher-income people would receive smaller refunds.

The checks are the most advertised portion of a budget deal totaling some $300 billion. They help dispense with a $97 billion budget surplus buoyed by unexpectedly high tax returns from the highest-income Californians.

It should almost go without saying that giving out individual stimulus checks is more likely to exacerbate inflation than cure it. The $1.9 trillion American Rescue Plan, passed in March 2021, which included $1,400 stimulus checks, is estimated by one Federal Reserve Bank of San Francisco analysis to have raised inflation by 3 percentage points.”

Inflation Triggers Mandatory Minimum Wage Increases in California

“When California passed a massive boost in its minimum wage six years ago so that it would eventually reach $15 an hour, the law included a component that tied the minimum to inflation levels. If inflation starts getting too high, the law forces a mandatory increase in the minimum wage.

This week, Gov. Gavin Newsom’s budget director, Keely Martin Bosler, announced that the massive inflation America is seeing is going to force the minimum wage in the state to automatically increase to $15.50 next January. The law requires this automatic adjustment if the inflation rate grows past 7 percent. The Los Angeles Times reports that it’s possible that the minimum wage might rise by another 50 cents if inflation continues.

Bosler, of course, sees only the positive here, saying it will help poor families pay for the higher food prices we’re all enduring: “They have a huge impact to those families that are living off of those lower wages and their ability to cover the cost of goods.””

“ising wages during this time frame is natural, but it’s also worth noting that California’s unemployment rate continues to be higher than the national average, sitting at 4.9 percent. Just four states and Washington, D.C., have a higher unemployment rate. According to data from California’s Employment Development Department, almost every county in California has higher unemployment rates than the average, and some are running more than twice the national average. Two counties—Colusa and Imperial—have double-digit unemployment rates.

At the same time, businesses have also been hit hard by inflation, and those that operate on tight margins (retail stores, restaurants, and pretty much every small business) are going to have new struggles. Combined, inflation and a higher minimum wage will make it difficult for these businesses to take on new employees and keep the ones they already have.”

Gov. Newsom Proposes Eliminating One of California’s Many Marijuana Taxes

“When Californians voted to legalize recreational marijuana cultivation and sales back in 2016, the industry ended up saddled with state and local taxes that make it inordinately costly to attempt to sell or buy cannabis legally. As a result, the black market for marijuana still dominates sales in a state where it’s legal to buy it. Industry analysts estimate about $8 billion in black market marijuana sales annually in California—double the amount of marijuana purchased through licensed dispensaries.

The cultivation tax has been consistently eyed by industry analysts as a problem. This particular tax is unique among agricultural products in California, and due to the legislation passed in 2017 to establish tax authorities, it’s regularly adjusted for inflation. As a result, cultivation tax rates actually increased at the start of 2022 despite this big black market problem.

The high cost of attempting to cultivate marijuana has both given cannabis farmers second thoughts and has fostered a whole new drug war as state and local law enforcement officers raid illegal grow operations out in the rural and uninhabited parts of the state. Legislators even passed a new law adding more potential criminal penalties for those arrested for “aiding and abetting” any unlicensed dealers.”

“It’s good news that Newsom is proposing eliminating the cultivation tax. He may be doing it in the hopes that the state will make more money, but California residents will also benefit from cheaper legal options. And if this makes it easier for people to grow cannabis legally, there will hopefully be fewer raids and enforcement operations in the future.”