California 2017-2018 Regular Session Status: Enacted 2 D cosponsors

AB 686 — Housing discrimination: affirmatively further fair housing.

Last action — Chaptered by Secretary of State - Chapter 958, Statutes of 2018.

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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 15, 2017. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 10 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 federal law, the federal Fair Housing Act, requires, among other things, certain federal executive departments and agencies to administer their programs relating to housing and urban development in a manner affirmatively to further the purposes of the federal act. Existing federal law requires specified state and local agencies that contract with, or receive funding from, specified federal agencies to certify that they will affirmatively further fair housing by completing an assessment of fair housing and submitting that assessment to the United States Department of Housing and Urban Development. Existing law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. Existing law also prohibits the discrimination through public or private land use practices, decisions, and authorizations because of one of those personal characteristics. Existing law establishes the Department of Fair Employment and Housing in the Business, Consumer Services, and Housing Agency, with the powers and duties to, among other things, receive, investigate, and conciliate complaints relating to housing discrimination. Existing law requires the Director of Fair Employment and Housing to investigate verified complaints that allege a violation of the act, subject to certain procedures and requirements, and requires the director, if attempts at mediation or other forms of dispute resolution do not eliminate a violation of the act, to file a civil action on behalf of the aggrieved person, as provided. This bill would require a public agency, as defined, to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and to not take any action that is materially inconsistent with this obligation, as provided. The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element that is required to contain specified information and analysis, including a program setting forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as provided. The bill would require the above-described program for achieving the goals and objectives of the housing element to affirmatively further fair housing pursuant to provisions added by this bill, and for revisions to the housing element that occur on and after January 1, 2021, would require the program to include an assessment of fair housing within the jurisdiction, as specified. Existing law requires the housing element to include an inventory of land suitable and available for development and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would require the inventory to be used to identify sites throughout the community, consistent with the provisions requiring the above-described program, within the housing element to affirmatively further fair housing. By increasing the duties of local officials, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 2162 to be operative only if this bill and AB 2162 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by SB 1078 to be operative only if this bill and SB 1078 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 958, Statutes of 2018.

  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 56. Noes 23. Page 6605.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 7. Page 5553.).

  7. Read second time. Ordered to third reading.

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

  9. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16).

  10. In committee: Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 26). Re-referred to Com. on APPR.

  12. Read second time and amended. Re-referred to Com. on JUD.

  13. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 1.) (June 12).

  14. 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.

  15. 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.

  16. In committee: Set, first hearing. Hearing canceled at the request of author.

  17. Referred to Coms. on T. & H. and JUD.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 21. Page 1960.)

  20. Read second time. Ordered to third reading.

  21. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 26).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. Measure version as amended on April 27 corrected.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 25).

  29. Re-referred to Com. on JUD.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 5).

  32. In committee: Hearing postponed by committee.

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

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

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

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

  37. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 12 voted No

Sponsors (1)

  • Santiago

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 686 SANTIAGO Concurrence in Senate Amendments

Passed 56 Yea · 23 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 401800
Democratic 15001
Republican 1500
Total 562301
% of votes cast 70%29%0%1%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Kamlager-Dove — Yea
Mathis — Nay
Mullin — Yea
Quirk — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Cooper — Yea
Eggman — Yea
Cunningham — Nay
Daly — Yea
Friedman — Yea
Gloria — Yea
Frazier — Yea
Rivas — Yea
Rubio — Yea
Holden — Yea
Salas — Yea
Jones-Sawyer — Yea
Gray — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mayes — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Weber — Yea
Wood — Yea
Fong — Nay
Kiley — Nay
Baker — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
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 Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB686 Santiago et al. By Wiener

Passed 31 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 26702
Democratic 5000
Total 31702
% of votes cast 78%18%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hernandez — Yea
Hertzberg — Yea
Leyva — Yea
Nielsen — Nay
Pan — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Delgado — Yea
Glazer — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Beall — Yea
Chang — Yea
Monning — Yea
Roth — Yea
Mitchell — Yea
Cannella — Yea
Fuller — Nay
Galgiani — Yea
Bates — Nay
Dodd — Yea
Moorlach — Not Voting
Morrell — Nay
Wilk — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Portantino — Yea
Bates — Nay
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Portantino — Yea
Hill — Yea
Beall — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

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

Passed 11 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Democratic 2000
Total 11101
% of votes cast 85%8%0%8%
How each member voted (13)
Member Party Vote
Beall — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Dodd — Yea
Morrell — Not Voting
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Roth — Yea
Beth Gaines — Nay
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 686 SANTIAGO Assembly Third Reading

Passed 55 Yea · 21 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 401502
Democratic 15100
Republican 0502
Total 552104
% of votes cast 69%26%0%5%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Brough — Nay
Holden — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Thurmond — Yea
Voepel — Nay
Eggman — Not Voting
Cooley — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Burke — Yea
Gloria — Yea
Jones-Sawyer — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Bloom — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooper — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Harper — Nay
Baker — Nay
Chávez — Nay
Cunningham — Nay
Kiley — Nay
Levine — Yea
Mayes — Nay
McCarty — Yea
Melendez — Not Voting
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
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 Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8300
Democratic 4100
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Quirk — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
McCarty — Yea
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

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

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Democratic 2000
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Holden — Yea
Cunningham — Nay
Chau — Yea
Chiu — Yea
Kiley — Nay
Maienschein — Not Voting
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

housing civil-rights
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Frequently asked questions

What does AB 686 do?
Existing federal law, the federal Fair Housing Act, requires, among other things, certain federal executive departments and agencies to administer their programs relating to housing and urban development in a manner affirmatively to further the purposes of the federal act. Existing federal law requires specified state and local agencies that contract with, or receive funding from, specified federal agencies to certify that they will affirmatively further fair housing by completing an assessment of fair housing and submitting that assessment to the United States Department of Housing and Urban Development. Existing law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. Existing law also prohibits the discrimination through public or private land use practices, decisions, and authorizations because of one of those personal characteristics. Existing law establishes the Department of Fair Employment and Housing in the Business, Consumer Services, and Housing Agency, with the powers and duties to, among other things, receive, investigate, and conciliate complaints relating to housing discrimination. Existing law requires the Director of Fair Employment and Housing to investigate verified complaints that allege a violation of the act, subject to certain procedures and requirements, and requires the director, if attempts at mediation or other forms of dispute resolution do not eliminate a violation of the act, to file a civil action on behalf of the aggrieved person, as provided. This bill would require a public agency, as defined, to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and to not take any action that is materially inconsistent with this obligation, as provided. The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element that is required to contain specified information and analysis, including a program setting forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as provided. The bill would require the above-described program for achieving the goals and objectives of the housing element to affirmatively further fair housing pursuant to provisions added by this bill, and for revisions to the housing element that occur on and after January 1, 2021, would require the program to include an assessment of fair housing within the jurisdiction, as specified. Existing law requires the housing element to include an inventory of land suitable and available for development and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would require the inventory to be used to identify sites throughout the community, consistent with the provisions requiring the above-described program, within the housing element to affirmatively further fair housing. By increasing the duties of local officials, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 2162 to be operative only if this bill and AB 2162 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by SB 1078 to be operative only if this bill and SB 1078 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 686?
AB 686 is sponsored by Chiu, Gloria, Hertzberg, Santiago, Wiener, Scott D. (Democratic), and Garcia, Robert (Democratic).
What is the current status of AB 686?
This bill has been enacted into law. Introduced February 15, 2017. Enacted.
Where can I track AB 686?
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