Transit-Oriented Development Threatened by Air Quality Rules

While transit-friendly, urban infill development is seen as environmentally friendly, new rules in California signal challenges to this type of development due to air-quality issues.

The Bay Area Air Quality Management District (BAAQMD) recently released guidelines for local governments considering air emissions related to proposed construction projects. These guidelines are based on the California Environmental Quality Act (CEQA), developed in 1970 by BAAQMD to help local governments determine potential health risks related to air quality. The new guidelines may limit developments in proximity to air pollution sources, such as highways, bus stops, and train stations.

Under the guidelines, projects producing over 1,100 metric tons of carbon emissions or sited within 1,000 feet of an air pollutant source will be required to perform pollution reduction studies. The guidelines apply to housing projects of 55 units or more, stores over 15,000 ft², and office buildings over 53,000 ft²—while previously only much larger projects had to produce environmental impact reports.

Though environmentally worthy, the new CEQA guidelines expose urban infill developments to more regulations compared with other developments because of their proximity to transit and other sources of air pollution. That will likely drive up the cost of urban developments, making them harder for developers to pursue—a concern voiced by Nicolas Targ, an environmental land use attorney at Holland & Knight LLP, in a San Francisco Business Times article. Targ commented that while “the intent of the new threshold is good, the way in which [the guidelines] are put together is problematic.”

However, according to the BAAQMD website, the agency is committed to ensuring “that implementation of the thresholds is consistent with the goals of SB 375,” a bill that tries to reduce carbon emissions by reducing vehicle use. That bill encourages walkable communities—just the type CEQA guidelines threaten to limit. Aaron Richardson, a spokesman from BAAQMD, said, “We are in favor of smart growth and infill development; we just want to make sure it is done in a way that protects sensitive communities” in the Bay Area. Richardson also noted the air quality board is “working with several cities in the bay area, including San Jose and San Francisco, to develop citywide risk reduction plans” that will eventually take the burden off of individual developers.

– Emily Catacchio

For more information:

Bay Area Air Quality Management District
www.baaqmd.gov/

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