Legislative Fix Could Let UC Berkeley Admit More Students

Democratic lawmakers have agreed to legislation that could let UC Berkeley accept thousands more students this fall, even after a recent ruling forced the school to cap enrollment in a dispute with residents over growth.

Senate Bill 118 and Assembly Bill 168, which are identical, were introduced a week after California's high court upheld an earlier ruling that significantly limited freshman enrollment at one of the nation's most prestigious universities — a move that stunned many state lawmakers, who said it wasn't fair to students who had worked hard to get into the school.

The proposal, introduced by Assemblymember Phil Ting, a San Francisco Democrat, would give public universities seeking to increase enrollment more time and flexibility to comply with the California Environmental Quality Act (CEQA) before judges can resort to imposing enrollment caps.

It also highlighted how California residents have used a landmark state environmental law to halt the construction of badly needed housing and, in this case, dictate university admissions policies.

The proposal would be retroactive and, if approved, make all judgments affecting enrollment unenforceable — allowing UC Berkeley to issue admission letters to thousands of incoming freshman students it had originally planned to take in for the fall 2022 semester, who would otherwise be unable to attend in person.

“To be able to get into University of California, Berkeley, is a huge accomplishment for any student,” said Ting, who is an alum.

Following the high court's decision last week, university officials said they would need to reduce planned on-campus enrollment by about 2,600 students to maintain overall enrollment at 2020-21 levels, as well as increase online enrollment and ask some students to delay admission to January 2023.

University officials had pleaded with lawmakers for an emergency fix, saying the university needs the tuition revenue and that students should be able to have a vibrant on-campus college experience.

"We appreciate the efforts of state leaders to seek a legislative solution that affirms the university's obligations under CEQA while ensuring that current and prospective students aren't harmed because of uncertainty around current policy," university officials said in a statement Friday. "We are continuing to work on our enrollment mitigation plans as currently required, and will be prepared to adjust as best we can if there is a change in the law."

CEQA requires a government evaluation of significant environmental impacts of new building projects, and to find ways to lessen those effects.

The 1970 law is aimed at protecting the environment, but has been weaponized in recent years throughout California to slow or stop much-needed development projects, including new affordable housing and transportation.

In its 4-2 ruling, the state Supreme Court declined the university's emergency request to lift an enrollment cap ordered last year by an Alameda County Superior Court judge.

The judge in that case sided with a group of Berkeley residents who argued that UC Berkeley had failed to examine the impact its enrollment increase would have on noise, safety and housing, as required under the environmental law.

He ordered the university to cap student enrollment at its 2020-21 level, of just over 42,000 students, and to suspend construction of a proposed faculty housing and classroom project.

The university is still appealing the entire case, but that process could take months or longer — which is why state lawmakers are stepping in, in an effort to override the decision.

California Sen. Scott Wiener, another San Francisco Democrat, also has introduced legislation to exempt from environmental review future on-campus housing projects for faculty and students at the state's three public higher education systems.

"The Legislature will act quickly — with immediate effect — to ensure we can educate our young people and not turn them away," Wiener said in a statement. "UC is a critical pathway to the middle class for so many young Californians."

Democrats control both chambers of the Legislature, and the leaders of the Senate and Assembly issued statements Friday in support of the proposal. A committee hearing is scheduled for Monday.

Alex Stack, a spokesperson for Gov. Gavin Newsom's office, said the governor appreciates the agreement protecting access to colleges, “which is essential to California’s higher education vision and critical for our workforce and economy.”

Newsom, a Democrat, had urged the state Supreme Court to block the enrollment cap.