This is somewhat related to above, but mostly just a venting exercise. My experience in California (as well as some lingering Randism) leaves me to conclude that any intervention into the natural course of economics at the structural level should be very,
very carefully considered. Many people are aware of the crises/struggles/failures/challenges that California is currently facing. And the more I think about it, the more it's hard to look past just
two laws enacted in the 1970s that have built a moat around the beneficiary group at the literal expense of everyone else.
1. Proposition 13
2. CEQA
Proposition 13 - very simple:
Section 1. (a) The maximum amount of any
ad valorem tax on real property shall not exceed one percent (1%) of the full cash value of such property. The one percent (1%) tax to be collected by the counties and apportioned according to law to the districts within the counties.
The proposition decreased
property taxes by assessing
values at their 1976 value and
restricted annual increases of assessed value to an inflation factor, not to exceed 2% per year. It prohibits reassessment of a new base year value
except in cases of (a) change in ownership, or (b) completion of new construction. These rules apply equally to all real estate, residential and commercial—whether owned by individuals or corporations.
Sounds great, right? Your property taxes can only go up 2% per year as long as you own your house. It's hard not to see this as a tremendous benefit to existing home owners...and it is. They have been enjoying that gravy train for 45 years now. But here are the unintended consequences:
Real property values are grossly out of sync with the tax revenue collected. People are still paying 1% tax against 1976 homes values. Meaning there are people, especially in the Bay Area who are paying a 1% tax on assessed values of around $100,000 against property that actually has a market value
10x or more higher. Want to know why I have to pay some much income tax? Because the state has to have high income taxes to make up for the property tax shortfalls. It's why schools are underfunded.
Not only that, but the specific wording of the law "except in cases of (a) change in ownership" hugely incentives people to not sell their home, ever!,...because if they get a new one, they lose their enormous tax benefit. This is why an enormous bulk of "starter" homes in California are occupied by people who have been there for 40-50 years. It was
their starter home! They never moved because the tax law incentivized them not to. The existing housing inventory is severely constrained by people aging in place. It's shocking the amount of trust/probate sales that take place in the Bay Area versus homes being sold by a living owner - that is to say, a significant portion of the inventory is
reliant on people dying in their homes to become available. People looking to buy starter homes are literally on waiting for people to die. (California has just passed a modification of prop13 that allows people to shift their tax benefit to a new home...meaning they can move and keep their benefit. While in theory this should help to get old people the **** out of the bay area, I'm afraid that they will just bring the distortion/problem to other areas and drive up the values there -
at best.)
Just to give a particularly egregious example of this, consider the Los Angeles Country club, which should be mentioned is
a private club. The estimated real value of the property it sits on is
$10 BILLION (it is 300 acres in Beverly Hills). If you took the standard ad-valorem property tax rate, the club would pay $100,000,000 (that's one hundred million dollars) in property tax a year. They actually pay $200,000 a year in property tax. That works out to a 0.002% rate or 0.2% of what they actually should be paying. I'm sure the state of California and the city of Los Angeles make up this $99,800,000 deficit with higher taxes for everyone else. So I am subsidizing the LA country club's tax bill through income tax.
Ah yes, but what about new construction! That surely gets around the economic distortions of Prop 13. Yes it does, that's where CEQA comes in.
CEQA is far more complex but here is the basic explanation:
The
California Environmental Quality Act (
CEQA) is a
California statute passed in 1970 and signed in to law by then-Governor
Ronald Reagan,
[1][2] shortly after the
United States federal government passed the
National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection. CEQA does not directly regulate land uses, but instead requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and, in a departure from NEPA, adopt all feasible measures to mitigate those impacts.
[3] CEQA makes environmental protection a mandatory part of every California state and local (public) agency's decision making process. It has also become the basis for numerous lawsuits concerning public and private projects.
Now it's fair to say that CEQA is well intentioned and that protecting the environment is an important consideration. The kind of limitless junkspace sprawl of DFW or Houston or Phoenix is not good use of land. However, there is a component of CEQA that has utterly weaponized it against all development. That's because almost anyone can sue to stop the development of a construction project, any construction project, under the pretense of environmental concern. It has become the favored bludgeoning tool of NIMBYists and union extortionists. They often do not succeed, but they can
almost always delay - and delays are a pretty serious outcome for developers. Just the threat of CEQA intervention is a chilling factor for them. There is a housing project near me that has been going through litigation for 15 years because the residents of the area simply do not want the project to be built.
Or how about a
construction union, bizarrely,
suing to stop the construction of a 1,000-unit residential construction project because there may be bird collisions. Yeah, a construction union. That sure sounds like good faith...just to be clear, there are a myriad of ways to prevent bird strikes of glass buildings, it is typical for Audubon societies to present recommendations. It is not typical for construction unions to sue over that issue. And also, just to be clear, CEQA can stop a project that has been approved (even unanimously approved!) by the planning entity having jurisdiction. This particular project may be delayed years for this one suit.
So proposition 13 strangles the liquidity of the existing housing market (and state tax revenue, which they make up for by billing
me more) while CEQA belabors, at best, the construction of anything new. Taken together, Prop13 and CEQA represent enormous supply-side distortions in the economy of California that predictably result in sky-high property values and a housing crisis. Thanks, Ronald.
It's outside the scope of this post, but I'd like to make special mention of unions because they, too, have distorted the economics in California to the breaking point. Union demands and the teeth that they have recently killed a
13,000-unit housing project in east bay because the developer would have taken a loss on the project if they had met the union pay demands. The city council sided with the union and voted to stop the project. So instead of 13,000 units of housing during a housing crisis, and jobs during an economic catastrophe, that 5,000 acre site remains vacant and useless. I absolutely love the reaction from the head of the construction trades council:
“We look at this as a victory,” he said. “We also look at it as an opportunity to get back to building this project by finding a master developer that will play by the rules the city of Concord has put in place. We are not going to sit on our thumbs. The Building Trades Council and the city will be working on finding a replacement for Lennar.”
Sure, buddy. I'm sure developers will look at this process and think, oh yeah I want some of
that!
Before you start feeling sympathy for little guys making up the unions, I've met bay area union electricians who make $200,000/year without overtime. That is above what
electrical engineers make in the bay area..