California Fast-Tracks Wildfire Recovery, Eases Key Building Regulations Temporarily

Gov. Gavin Newsom signed an executive order suspending environmental review processes for victims looking to rebuild after the Los Angeles wildfires destroyed over 40,000 acres of land and more than 12,000 structures.

The decision, which effectively waives the California Environmental Quality Act and the California Coastal Act, comes as a surprise in a state that boasts some of the strictest building regulations and environmental review processes. California has received criticism for the difficulty of getting building projects approved, a process that is also notoriously expensive.

Under the order Newsom signed Sunday, state and local agencies are directed to help the residents of Los Angeles and Ventura Counties by expediting processes that would hinder reconstruction. They have also been tasked with identifying additional building codes that can be safely suspended.

“When the fires are extinguished, victims who have lost their homes and businesses must be able to rebuild quickly and without roadblocks,” Newsom said in a Sunday press release. “The executive order I signed today will help cut permitting delays, an important first step in allowing our communities to recover faster and stronger.”

The environmental safety restrictions that govern construction projects are an obstacle for anyone looking to build in the state. Legislators have also expanded regulations aimed at improving fire and earthquake resilience in fire-prone neighborhoods. These requirements, like installing sprinkler systems and external water tanks, can be cost-prohibitive for homeowners.

Some state residents have also questioned why the process for rebuilding was not streamlined after other wildfires. Republican Assemblymember David Tangipa, who represents the Central Valley, said that wildfire victims are still recovering from the Creek Fire in 2020 in a social media post and called on the state government to address the disparity.

Matt Sedlar, a climate analyst at the Center for Economic and Policy Research, said the issue is more complex than simply rebuilding. He said he’s worried that Newsom’s order may come with unintended consequences.

“CEQA review is something that’s been a thorn in the side of many housing advocates because a lot of localities use that to hold up development,” Sedlar said. “My concern is that there’s a bullet point that directs state agencies to identify additional permanent requirements, including provisions of the building code, that can safely be suspended to accelerate rebuilding.”

Sedlar noted that in areas like Los Angeles County, a high risk of wildfires necessitates resiliency measures when it comes to rebuilding.

“It wouldn’t make a whole lot of sense to rebuild as things were before because that’s the opposite of adaptive resilience,” he said.

The focus instead should be on mitigating the costs associated with making these neighborhoods safer, whether that’s through state or federal assistance, according to Sedlar.

In the United States, experts and state officials are working together to find solutions that account for rising building costs, environmental safety and the need for hardened homes. In 2006, Florida legislators introduced My Safe Florida Home, a program that distributes funds to applicants looking to improve the resiliency of their homes against natural disasters like hurricanes. The program is wildly popular.

When Florida Gov. Ron DeSantis allocated $200 million to the program in July, funding ran out in less than 10 days, according to news reports. Because applications were divided into five groups based on need, only lower-income applicants aged 60 were eligible for consideration.

Given California’s large population size, Sedlar said, the state would face similar difficulties in creating a grant program that covers all interested homeowners.

“There’s a huge risk of wildfire throughout the state,” Sedlar said. “How do you allocate enough money to cover everyone? Obviously, there are areas that are less susceptible to fires — urban fires, wildfires — than others, but it’s still going to be extremely competitive.”

Since the wildfires broke, several conservative politicians, pundits and donors have spread misinformation and criticized state leaders, alleging that inept policymaking led to disaster. President-elect Donald Trump’s comments have caused some state officials to worry over how a Trump administration may affect future federal aid.

Republican Congressional leaders have touted the idea of placing conditions on federal assistance for California wildfire victims. At a Monday press conference, House Speaker Mike Johnson claimed, without evidence, that state and local officials were complicit in the scope of the fires.

Johnson and other conservatives have also suggested that federal assistance be made contingent upon California Democrats agreeing to raise the national debt ceiling, an issue that Trump has been vocal about in the past.

“What do we need to do to reduce the risk and make the Pacific Palisades buildable again?” said Bill Jackson, who leads the San Francisco Republican Party. “Our national governments are not piggy banks for communities that do not have a realistic approach toward sustaining themselves and defending themselves in the event of a natural disaster.”

California leaders have introduced several proposals to address fire mitigation. On Monday, Newsom expanded the special session that began in December to include $1.5 billion for fire preparedness.

The California Department of Insurance also introduced plans for a statewide home-hardening grant program that would fund projects such as installing fire-resistant roofs and defensible spaces.

“Making homes and communities safer from wildfires needs to be a top priority for our state,” Insurance Commissioner Ricardo Lara said during a press conference last week. “Looking forward, I will also work with the state Legislature and the Governor’s Administration to support my proposal to provide consumers with home hardening grants.”