California 2023-2024 Regular Session Status: Enacted 2 D cosponsors

SB 1037 — Planning and zoning: housing element: enforcement.

Last action — Chaptered by Secretary of State. Chapter 293, Statutes of 2024.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 19, 2024.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency's acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction's failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 293, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 23. Noes 9. Page 5799.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 46. Noes 16. Page 7109.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 4.) (July 2).

  11. Coauthors revised.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 18). Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  14. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (June 12). Re-referred to Com. on JUD.

  15. Referred to Coms. on H. & C.D. and JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 24. Noes 9. Page 4083.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  20. Set for hearing May 13.

  21. Read second time and amended. Re-referred to Com. on APPR.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3725.) (April 23).

  23. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2. Page 3633.) (April 16). Re-referred to Com. on JUD.

  24. Set for hearing April 23 in JUD. pending receipt.

  25. Set for hearing April 16.

  26. Re-referred to Coms. on HOUSING and JUD.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  28. Referred to Com. on RLS.

  29. From printer. May be acted upon on or after March 8.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 19 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1037 Wiener Senate Third Reading By Wicks

Passed 46 Yea · 16 Nay · 17 Other
Party YeaNayPresentNot Voting
Democratic 323012
Unaffiliated 12502
Republican 2803
Total 4616017
% of votes cast 58%20%0%22%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Low — Nay
Mathis — Nay
Rodriguez — Not Voting
Villapudua — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Nay
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Nay
Papan, Diane Democratic Not Voting
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Not Voting
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Yea
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Yea
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Not Voting

Official roll call →

Unfinished Business SB1037 Wiener et al. Concurrence

Passed 23 Yea · 9 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 8102
Democratic 15106
Republican 0700
Total 23908
% of votes cast 58%23%0%20%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Newman — Nay
Wilk — Not Voting
Portantino — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Not Voting
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Rubio, Susan Democratic Not Voting
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2100
Republican 0300
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Nay
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 6002
Unaffiliated 1000
Republican 1200
Total 8202
% of votes cast 67%17%0%17%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Nay
Patterson, Joe Republican Yea
Sanchez, Kate Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Republican 1100
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Ward, Christopher M. Democratic Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Nay

Official roll call →

3rd Reading

Passed 24 Yea · 9 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Democratic 16105
Republican 0601
Total 24907
% of votes cast 60%23%0%18%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Newman — Nay
Portantino — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Not Voting
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Not Voting
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Not Voting
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 1100
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Laird, John Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6001
Unaffiliated 1000
Republican 0200
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Menjivar, Caroline Democratic Yea
Padilla, Stephen C. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wahab, Aisha Democratic Yea
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 1037 do?
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency's acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction's failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Who sponsors SB 1037?
SB 1037 is sponsored by Wiener, Scott D. (Democratic) and Wicks, Buffy (Democratic).
What is the current status of SB 1037?
This bill has been enacted into law. Introduced February 06, 2024. Enacted.
Where can I track SB 1037?
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