California 2009-2010 Regular Session Status: To Executive

AB 602 — Land use and planning: cause of actions: time limitations.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Planning and Zoning Law, requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community's supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first. This bill would authorize the notice to be filed any time within 5 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed. Existing law establishes a rebuttable presumption, in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, of the validity of a housing element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with specified provisions of existing law. This bill would provide that in any action brought against a city, county, or city and county to challenge the adequacy of a housing element, if a court finds that the adopted housing element or amended housing element for the current planning period substantially complies with specified provisions, the element or amendment be deemed to satisfy any condition of a state-administered housing grant program requiring a department finding of housing element compliance.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 5 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 53. Noes 20. Page 6862.)

  4. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 5. Noes 1.) (August 30).

  5. Joint Rule 62(a), file notice suspended. (Page 6774.)

  6. In committee: Set first hearing. Failed passage. Reconsideration granted.

  7. Joint Rule 62(a), file notice suspended. (Page 6756.)

  8. From committee: With recommendation: That Senate amendments be concurred in, and re-refer to Com. on L. GOV. Re-referred. (Ayes 6. Noes 1.) (August 25).

  9. Joint Rule 62(a), file notice suspended. (Page 6690.)

  10. Re-referred to Coms. on JUD. and L. GOV. pursuant to Asssembly Rule 77.2.

  11. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  12. Read third time, passed, and to Assembly. (Ayes 27. Noes 5. Page 4822.)

  13. Read second time. To third reading.

  14. Read third time, amended. To second reading.

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 6. Noes 3.) (June 29).

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  18. Re-referred to Com. on T. & H.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  20. Withdrawn from committee. Re-referred to Com. on RLS.

  21. Re-referred to Com. on HEALTH.

  22. Withdrawn from committee. Re-referred to Com. on RLS.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  24. Referred to Com. on B., P. & E.D.

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

  26. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1241.)

  27. Read second time. To Consent Calendar.

  28. From committee: Do pass. To Consent Calendar. (April 22).

  29. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 11. Noes 0.) (March 31).

  30. Re-referred to Com. on B. & P.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  32. Referred to Com. on B. & P.

  33. From printer. May be heard in committee March 28.

  34. Read first time. To print.

Sponsors

  • Feuer · Primary
  • Steinberg · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Feuer

Co-sponsors (1)

  • Steinberg

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

AB 602 Feuer Concurrence in Senate Amendments

Passed 62 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 591906
Democratic 2100
Republican 1200
Total 622206
% of votes cast 69%24%0%7%
How each member voted (90)
Member Party Vote
Hagman — Yea
Feuer — Yea
Carter — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Cook — Yea
Coto — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Charles — Yea
Huffman — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Adams — Yea
Bass — Yea
Beall — Yea
Davis — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Nay
Fuller — Nay
Fletcher — Nay
Yamada — Yea
Audra — Nay
Bill — Not Voting
Portantino — Not Voting
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Chesbro — Not Voting
Conway — Nay
DeVore — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Ammiano — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Nay
Swanson — Yea
Torrico — Yea
Villines — Nay
Eng — Yea
Evans — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Be referred to Committee on Local Government.

Passed 6 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5103
Republican 1000
Total 6103
% of votes cast 60%10%0%30%
How each member voted (10)
Member Party Vote
Hagman — Not Voting
Knight — Nay
Saldana — Yea
Monning — Yea
Tran — Not Voting
Brownley — Yea
Huffman — Yea
Feuer — Yea
Evans — Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Senate amendments be concurred in.

Passed 6 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5103
Total 6103
% of votes cast 60%10%0%30%
How each member voted (10)
Member Party Vote
Saldana — Yea
Evans — Not Voting
Feuer — Yea
Hagman — Not Voting
Brownley — Yea
Huffman — Yea
Knight — Nay
Monning — Yea
Tran — Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Assembly 3rd Reading AB602 Feuer By Steinberg

Passed 28 Yea · 5 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 26506
Democratic 2000
Republican 0001
Total 28507
% of votes cast 70%13%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Ducheny — Yea
Florez — Yea
Hancock — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Dutton — Yea
Ashburn — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wright — Yea
Runner — Nay
Huff — Nay
Oropeza — Not Voting
Walters — Not Voting
Aanestad — Nay
Alquist — Yea
Blakeslee — Yea
Harman — Not Voting
Hollingsworth — Nay
Kehoe — Yea
Simitian — Not Voting
Wiggins — Not Voting
Wolk — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Lowenthal — Yea
Ashburn — Nay
Harman — Nay
Huff — Nay
Kehoe — Yea
Pavley — Yea
Simitian — Yea
Wolk — Yea
DeSaulnier — Yea

Official roll call →

AB 602 PRICE Consent Calendar Second Day Regular Session

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 5000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Bass — Yea
Huber — Yea
Huffman — Not Voting
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hayashi — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh 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 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Miller — Yea
Nielsen — Yea
Duvall — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Republican 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
John — Yea
A. — Yea
Perez — Yea
Conway — Yea
Eng — Yea
Hayashi — Yea
Hernandez — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Smyth — Yea
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 602 do?
Existing law, the Planning and Zoning Law, requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community's supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first. This bill would authorize the notice to be filed any time within 5 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed. Existing law establishes a rebuttable presumption, in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, of the validity of a housing element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with specified provisions of existing law. This bill would provide that in any action brought against a city, county, or city and county to challenge the adequacy of a housing element, if a court finds that the adopted housing element or amended housing element for the current planning period substantially complies with specified provisions, the element or amendment be deemed to satisfy any condition of a state-administered housing grant program requiring a department finding of housing element compliance.
Who sponsors AB 602?
AB 602 is sponsored by Feuer and Steinberg.
What is the current status of AB 602?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 602?
Track AB 602 free on One Click Politics — get push/email alerts when it moves.

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