California 2009-2010 Regular Session Status: Enacted

AB 1867 — Land use: local planning: housing element program.

Last action — Chaptered by Secretary of State - Chapter 367, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 12, 2010. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

The Planning and Zoning Law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units for up to 25% of the city's or county's obligation to identify adequate sites for any income category in its housing element if the city or county includes in its housing element a program committing the city or county to provide units in that income category within the city or county that will be made available through the provision of committed assistance, during the planning period covered by the element, to low- and very low income households at affordable housing costs or affordable rents, as defined. In order for a unit to qualify for inclusion in this program, it must meet one of several specified criteria, including the criterion of being located in a multifamily rental housing complex of 4 or more units, converted with committed assistance from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenant and restrictions for the unit, and not acquired by eminent domain, and constituting a net increase in the community's stock of low- and very low income housing. This bill would revise the above-described criterion by changing the element of that criterion of being located in a multifamily rental or ownership housing complex of 4 or more units to, instead, being located in a multifamily rental or ownership housing complex of 3 or more units. The Planning and Zoning Law requires specified requirements to be met in order for a unit to be considered as converted by acquisition or the purchase of affordability covenants, and thereby within the above-described criterion. This bill would add to those requirements the requirement, for units located in multifamily ownership housing complexes with 3 or more units, that at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 367, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:50 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 6156.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 11 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4413.)

  7. Ordered to Special Consent Calendar.

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Amend, and do pass as amended. (Ayes 8. Noes 0.) (June 29).

  10. In committee: Hearing postponed by committee.

  11. Referred to Com. on T. & H.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 5050.)

  14. Read second time. To Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (April 28).

  16. Re-referred to Com. on H. & C.D.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  18. From committee: Do pass, and re-refer to Com. on H. & C.D. Re-referred. (Ayes 6. Noes 2.) (April 21).

  19. Referred to Coms. on L. GOV. and H. & C.D.

  20. From printer. May be heard in committee March 18.

  21. Read first time. To print.

Sponsors

  • Harkey · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Harkey

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 1867 HARKEY Concurrence in Senate Amendments

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
Jeffries — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #30 AB1867 Harkey

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cogdill — Yea
Corbett — Yea
Harman — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Hollingsworth — Yea
Wiggins — Not Voting
Cedillo — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Lowenthal — Yea
Harman — Yea
Kehoe — Yea
Pavley — Yea
Simitian — Yea
Ashburn — Not Voting
Huff — Yea
Wolk — Yea
DeSaulnier — Yea

Official roll call →

AB 1867 HARKEY Consent Calendar Second Day

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
John — Yea
A. — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Gilmore — Not Voting
Mendoza — Not Voting
Bass — Not Voting
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Smyth — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 1000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Eng — Yea
Gilmore — Yea
Saldana — Yea
Torres — Yea
Tran — Yea
Bradford — Yea
Knight — Yea
Torlakson — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 1867 do?
The Planning and Zoning Law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units for up to 25% of the city's or county's obligation to identify adequate sites for any income category in its housing element if the city or county includes in its housing element a program committing the city or county to provide units in that income category within the city or county that will be made available through the provision of committed assistance, during the planning period covered by the element, to low- and very low income households at affordable housing costs or affordable rents, as defined. In order for a unit to qualify for inclusion in this program, it must meet one of several specified criteria, including the criterion of being located in a multifamily rental housing complex of 4 or more units, converted with committed assistance from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenant and restrictions for the unit, and not acquired by eminent domain, and constituting a net increase in the community's stock of low- and very low income housing. This bill would revise the above-described criterion by changing the element of that criterion of being located in a multifamily rental or ownership housing complex of 4 or more units to, instead, being located in a multifamily rental or ownership housing complex of 3 or more units. The Planning and Zoning Law requires specified requirements to be met in order for a unit to be considered as converted by acquisition or the purchase of affordability covenants, and thereby within the above-described criterion. This bill would add to those requirements the requirement, for units located in multifamily ownership housing complexes with 3 or more units, that at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
Who sponsors AB 1867?
AB 1867 is sponsored by Harkey.
What is the current status of AB 1867?
This bill has been enacted into law. Introduced February 12, 2010. Enacted.
Where can I track AB 1867?
Track AB 1867 free on One Click Politics — get push/email alerts when it moves.

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