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STRUMWASSER& WOOCHER LLP A F SOL-Y5 Ar LAW MICHAELJ.STRI;MWAMER 10940 WILSHIRE BOULEVARD,SUITE 2000 TELEPHONE 010)576.1233 BRYCE A GEE LOS ANGELES,CALIFORNIA 90024 FACSIMILE: (310)3M-0156 BEVERLY GROSSMAN PALMER ttWV)STRLAIWOOCH.C�lti DALE K.LARSON CAROLINE C.CHIAPPETTI FREDRIC D.WOOCHER JULIA G.MICHEL I. ANDREA SHERIDAN ORDIN SALVADOR E.PEREZ SENIOR COUNSEL •Also admitted to practice m Washington November 3,2021 Our Neighborhood Voices Brand-Huang-Mendoza Tripartisan Land Use Initiative Committee Re: Interpretation of Initiative 21-0016A1 Dear Mr. Brand, Mr. Heath, Ms. Huang, Ms. Mendoza,and Mr. Richards: This firm writes at your request to provide our analysis of the scope of Initiative 21- 0016A1 ("the Initiative"). Specifically,you have asked us to examine whether,as presently drafted,the Initiative could reasonably be interpreted to allow local governments to avoid compliance with the California Environmental Quality Act(CEQA),the Fair Employment and Housing Act(FEHA),or other anti-discrimination measures in state law. It is our opinion that, under widely applicable rules of statutory construction,that the Initiative would not be interpreted to allow local governments to pre-empt the above listed state laws. We arrive at this answer by consulting the Initiative's plain language,and confirm this interpretation through the application of principles of statutory interpretation,as set forth in detail below. Factual Background The Initiative is a proposed amendment to the California Constitution. The Initiative adds Section 4.5 to the California Constitution,providing that county charters,general plans, specific plans,ordinances,and regulations that regulate the zoning,development or use of land in unincorporated areas of counties are deemed a county affair,and therefore shall prevail over a conflicting state statute. Similarly,the Initiative adds Section 5.5 to the Constitution,applying the same principal of local primacy to the provisions in city charters,general plans, specific plans,ordinances or regulations that establish land use policies or regulate zoning or development standards within California cities. The Initiative also provides that, for non-charter counties or cities,the general plan, specific plan,ordinance or regulation of such city prevails over conflicting general laws. The Initiative specifically establishes that certain local provisions address statewide concerns if the local provision conflicts with state law regarding the California Coastal Act,the siting of a power generating facility(under specified circumstances), or the development or