California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 879 — Planning and zoning: housing element.

Last action — Chaptered by Secretary of State - Chapter 374, Statutes of 2017.

  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 16, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 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 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. That law requires, after the legislative body of the city or county has adopted all or part of a general plan, the planning agency to investigate and make recommendations to the legislative body of the city or county regarding reasonable and practical means to implement the general plan or element and to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes specified information pertaining to the implementation of the general plan. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act. Existing law excludes a charter city from these requirements. This bill would require that this report additionally include the number of housing development applications received in the prior year, units included in all development applications in the prior year, units approved and disapproved in the prior year, and a listing of sites rezoned to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on specified sites. The bill would additionally require the housing element portion of the annual report to be prepared through the use of standards adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would apply the above report requirement to a charter city. The Planning and Zoning Law requires the housing element to include an analysis of potential and actual governmental and nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels. That law requires the analysis of governmental constraints as so described to include constraints on certain types of housing and housing for persons with disabilities, as provided, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. That law requires the analysis of nongovernmental constraints as so described to include the availability of financing, the price of land, and the cost of construction. This bill would require the analysis of governmental constraints to also include any locally adopted ordinances that directly impact the cost and supply of residential development. The bill would require the analysis of nongovernmental constraints to also include the requests to develop housing at densities below those anticipated in a specified analysis, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need. The bill would require the analysis of nongovernmental constraints to demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing. That Planning and Zoning Law also requires the housing element to include a program which sets forth a schedule of actions during the planning period, as specified, and requires the program, in order to make adequate provision for the housing needs of all economic segments of the community to address and, where appropriate and legally possible, remove governmental constraints on the maintenance, improvement, and development of housing. This bill would require the program to also address and remove nongovernmental constraints to the maintenance, improvement, and development of housing. Existing law requires the Department of Housing and Community Development to collect, publish, and make available to the public information about laws regarding housing and community development and authorizes the department to provide a statistics and research service for the collection and dissemination of information affecting housing and community development. This bill would additionally require the department, by June 30, 2019, to complete a study to evaluate the reasonableness of local fees charged to new developments, as defined. The bill would require the study to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to substantially reduce fees for residential development. This bill would incorporate additional changes to Section 65400 of the Government Code proposed by SB 35 to be operative only if this bill and SB 35 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 1397 to be operative only if this bill and AB 1397 are enacted and this bill is enacted last. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 374, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3512.).

  5. Assembly Rule 63 suspended. (Page 3507.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2962.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

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

  12. Ordered to third reading.

  13. From Consent Calendar.

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  16. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (June 13). Re-referred to Com. on APPR.

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

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1617.)

  20. Read second time. Ordered to Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR.

  23. Re-referred to Com. on L. GOV.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  25. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on L. GOV.

  26. (pending re-refer to Com. on L. GOV.)

  27. Assembly Rule 56 suspended. (Page 1005.)

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

  29. From printer. May be heard in committee March 19.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

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 879 GRAYSON Consent Calendar Second Day

Passed 69 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 49008
Democratic 13003
Republican 7000
Total 690011
% of votes cast 86%0%0%14%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Not Voting
Levine — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Eggman — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Not Voting
Jones-Sawyer — Yea
Low — Yea
Mayes — Yea
Rubio — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Obernolte — Yea
Voepel — Yea
Waldron — Yea
Weber — Yea
Wood — Yea
Friedman — Not Voting
Salas — Yea
Bocanegra — Yea
Burke — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Gloria — Not Voting
Gomez — Yea
Harper — Yea
Chau — Not Voting
Kiley — Yea
McCarty — Yea
Dababneh — Yea
Medina — Yea
Mullin — Not Voting
Nazarian — Yea
Rendon — Not Voting
Santiago — Not Voting
Steinorth — Yea
Ting — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 11000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Brough — Yea
Eggman — Yea
Chau — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Bigelow — Yea
Bloom — Yea
Obernolte — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 879 do?
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. That law requires, after the legislative body of the city or county has adopted all or part of a general plan, the planning agency to investigate and make recommendations to the legislative body of the city or county regarding reasonable and practical means to implement the general plan or element and to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes specified information pertaining to the implementation of the general plan. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act. Existing law excludes a charter city from these requirements. This bill would require that this report additionally include the number of housing development applications received in the prior year, units included in all development applications in the prior year, units approved and disapproved in the prior year, and a listing of sites rezoned to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on specified sites. The bill would additionally require the housing element portion of the annual report to be prepared through the use of standards adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would apply the above report requirement to a charter city. The Planning and Zoning Law requires the housing element to include an analysis of potential and actual governmental and nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels. That law requires the analysis of governmental constraints as so described to include constraints on certain types of housing and housing for persons with disabilities, as provided, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. That law requires the analysis of nongovernmental constraints as so described to include the availability of financing, the price of land, and the cost of construction. This bill would require the analysis of governmental constraints to also include any locally adopted ordinances that directly impact the cost and supply of residential development. The bill would require the analysis of nongovernmental constraints to also include the requests to develop housing at densities below those anticipated in a specified analysis, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need. The bill would require the analysis of nongovernmental constraints to demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing. That Planning and Zoning Law also requires the housing element to include a program which sets forth a schedule of actions during the planning period, as specified, and requires the program, in order to make adequate provision for the housing needs of all economic segments of the community to address and, where appropriate and legally possible, remove governmental constraints on the maintenance, improvement, and development of housing. This bill would require the program to also address and remove nongovernmental constraints to the maintenance, improvement, and development of housing. Existing law requires the Department of Housing and Community Development to collect, publish, and make available to the public information about laws regarding housing and community development and authorizes the department to provide a statistics and research service for the collection and dissemination of information affecting housing and community development. This bill would additionally require the department, by June 30, 2019, to complete a study to evaluate the reasonableness of local fees charged to new developments, as defined. The bill would require the study to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to substantially reduce fees for residential development. This bill would incorporate additional changes to Section 65400 of the Government Code proposed by SB 35 to be operative only if this bill and SB 35 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 1397 to be operative only if this bill and AB 1397 are enacted and this bill is enacted last. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 879?
AB 879 is sponsored by Grayson, Timothy S. (Democratic).
What is the current status of AB 879?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track AB 879?
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