UC Berkeley may not have to cut enrollment after all. California bill overrides court order
California lawmakers have introduced a bill that would override a court order requiring UC Berkeley to cut its student enrollment by several thousand.
Senate Bill 118, introduced by the Senate Committee on Budget and Fiscal Review, gives California university leaders 18 months to address California Environmental Quality Act-related issues before courts may issue decisions impacting enrollment growth.
UC Berkeley has been the subject of one such CEQA lawsuit, as a neighborhood group challenged a proposed student housing project in court.
“An educated workforce is needed to keep the state’s economy growing, motivating the Legislature to bolster the number of college enrollment slots, especially for California residents. At the same time, we care deeply about CEQA. California’s environmental protections are vital to everyone, especially to those who care about environmental justice. That’s something very important to those who live in both of our districts and means we cannot ignore the environmental impacts of growing campuses on surrounding communities,” said Assembly Budget Committee Chair Phil Ting, D-San Francisco, and Assembly Speaker Anthony Rendon, D-Lakewood, in a statement announcing the bill.
The bill’s provisions would apply retroactively to any decision related to enrollment or changes in enrollment made before the effective date of the bill.
The bill comes as a direct response to the California Supreme Court’s decision to uphold a lower court’s order reducing UC Berkeley’s enrollment to 2020-21 academic year levels. This would result in the university reducing enrollment by more than 2,600 students.
Last Friday, the university released a fact sheet wherein it called for swift legislative action to address the enrollment situation.
“The timing of any legislative action will be critical given that most U.S. college students select their college by May 1, National College Decision Day,” according to the fact sheet.
In their statement, Rendon and Ting said that their bills strike the right balance between making sure that environmental analysis of campus development plans continues to consider the impact of campus populations, while also giving university leaders a chance to remedy problems before getting enrollment reduced.
“We believe this addresses concerns from both sides and allows us to continue educating deserving students. When our legislation passes and allows the law to be applied retroactively, UC Berkeley will be able to resume its enrollment plan, which was disrupted by a misguided court order,” the statement reads.
State Sen. Nancy Skinner, D-Berkeley, who chairs the Senate Budget Committee, said in a statement that jeopardizing the future of more than 2,600 students who earned their place at the university is contrary to California’s priority to give more students access to higher education.
“It was never the intent of the Legislature for students to be viewed as environmental pollutants,” said Sen. Skinner, D-Berkeley. “This legislative agreement ensures that California environmental law does not treat student enrollment differently than any other component contained in our UC, CSU or Community College long-range development plans.”
This story was originally published March 11, 2022 at 11:26 AM with the headline "UC Berkeley may not have to cut enrollment after all. California bill overrides court order."