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

AB 1397 — Local planning: housing element: inventory of land for residential development.

Last action — Chaptered by Secretary of State - Chapter 375, Statutes of 2017.

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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 17, 2017. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 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 each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to contain, among other things, an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. This bill would require the inventory of land to be available for residential development in addition to being suitable for residential development and to include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the inventory of land to include, among other things, a listing of properties by parcel number or other unique reference and a general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. Existing law specifies that this information does not need to be identified on a site-specific basis. This bill would instead require the listing of properties to be by assessor parcel number and require parcels included in the inventory to have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, and dry utilities supply to support housing development. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the housing element to contain a program that sets 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. Existing law requires a city or county, based on the inventory of land, to determine whether each site in the inventory can accommodate some portion of its share of the regional housing need, as specified. This bill would also require the inventory to specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing, as specified. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires a city or county, for specified sites, to specify additional development potential for each site within the planning period and to provide an explanation of the methodology used to determine the development potential. Existing law requires the methodology to consider specified factors, including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. This bill would require the methodology to consider, among other things, the city's or county's past experience with converting existing uses to higher density residential development, the current demand for the existing use, and an analysis of existing leases or other contracts that would perpetuate the existing use or prevent redevelopment, as specified. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the program to accommodate 100% of the allocated very low and low-income housing need for which site capacity has not been identified. Existing law requires these sites to be zoned to permit owner-occupied and rental multifamily residential use by right and to be zoned with specified minimum density and development standards. This bill would restrict the use by right of these sites to developments in which at least 20% of the units are affordable to lower income households during the planning period and require these sites to have sufficient water, sewer, and other dry utilities available and accessible or be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, dry utilities supply to support housing development. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. This bill would also make legislative findings and declarations. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 375, 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 49. Noes 25. Page 3513.).

  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 24. Noes 11. Page 2955.).

  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. From committee: Do pass. (Ayes 5. Noes 2.) (July 17).

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

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 11). Re-referred to Com. on APPR.

  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. Referred to Com. on T. & H.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 25. Page 1887.)

  18. Read third time and amended. Ordered to third reading. (Page 1718.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 11. Noes 5.) (May 24).

  21. Re-referred to Com. on APPR.

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

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 26). Re-referred to Com. on APPR.

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

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

  26. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on L. GOV.

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

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

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

  30. From printer. May be heard in committee March 21.

  31. Read first time. To print.

Sponsors

  • Bloom · Cosponsor
  • Chiu · Cosponsor
  • Low · Primary
  • Scott D. Wiener · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 14 voted No

Sponsors (1)

  • Low

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 1397 LOW Concurrence in Senate Amendments

Passed 49 Yea · 25 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 361804
Democratic 13101
Republican 0600
Total 492505
% of votes cast 62%32%0%6%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Harper — Nay
Kiley — Nay
Mathis — Nay
Obernolte — Nay
Ridley-Thomas — Yea
Voepel — Nay
Weber — Yea
Eggman — Yea
Fong — Nay
Jones-Sawyer — Yea
Maienschein — Nay
Mayes — Nay
Gray — Not Voting
McCarty — Yea
Baker — Nay
Chiu — Yea
Chávez — Nay
Cooper — Yea
Melendez — Nay
Nazarian — Not Voting
O'Donnell — Not Voting
Steinorth — Nay
Waldron — Nay
Frazier — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Salas — Yea
Medina — Yea
Bocanegra — Yea
Rubio — Yea
Chau — Yea
Chu — Yea
Mullin — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Wood — Yea
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
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 Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
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 Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB1397 Low et al. By Wiener

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201005
Democratic 4100
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Cannella — Not Voting
Glazer — Nay
Mendoza — Not Voting
Moorlach — Nay
Newman — Nay
Wilk — Nay
Hernandez — Yea
Portantino — Yea
Hertzberg — Not Voting
Dodd — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Bradford — Yea
Hueso — Yea
Monning — Yea
Roth — Yea
Vidak — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

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
Bates — Nay
Bradford — Yea
Nielsen — Nay
Hill — Yea
Lara — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

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

Passed 9 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7103
Democratic 2000
Total 9103
% of votes cast 69%8%0%23%
How each member voted (13)
Member Party Vote
Beall — Yea
Morrell — Nay
Vidak — Not Voting
Cannella — Not Voting
Allen — Yea
Atkins — Yea
Mendoza — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Not Voting
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1397 LOW Assembly Third Reading

Passed 51 Yea · 25 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 381603
Democratic 13300
Republican 0601
Total 512504
% of votes cast 64%31%0%5%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Weber — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Salas — Yea
Mullin — Yea
Burke — Yea
Gray — Yea
Bocanegra — Yea
Rubio — Yea
Frazier — Not Voting
Gomez — Yea
Harper — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Mayes — Nay
Chiu — Yea
Chávez — Nay
Cooper — Yea
McCarty — Yea
Melendez — Not Voting
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Voepel — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Cooley — Yea
Eggman — Not Voting
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Friedman — Yea
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 Nay
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
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 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.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9300
Democratic 2101
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Quirk — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gloria — Yea
Chau — Yea
Obernolte — Nay
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

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

Passed 6 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0001
Unaffiliated 3002
Democratic 3000
Total 6003
% of votes cast 67%0%0%33%
How each member voted (9)
Member Party Vote
Ridley-Thomas — Yea
Voepel — Not Voting
Waldron — Not Voting
Gonzalez Fletcher — Yea
Bloom — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 1397 do?
Existing law, 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. Existing law requires the housing element to contain, among other things, an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. This bill would require the inventory of land to be available for residential development in addition to being suitable for residential development and to include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the inventory of land to include, among other things, a listing of properties by parcel number or other unique reference and a general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. Existing law specifies that this information does not need to be identified on a site-specific basis. This bill would instead require the listing of properties to be by assessor parcel number and require parcels included in the inventory to have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, and dry utilities supply to support housing development. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the housing element to contain a program that sets 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. Existing law requires a city or county, based on the inventory of land, to determine whether each site in the inventory can accommodate some portion of its share of the regional housing need, as specified. This bill would also require the inventory to specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing, as specified. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires a city or county, for specified sites, to specify additional development potential for each site within the planning period and to provide an explanation of the methodology used to determine the development potential. Existing law requires the methodology to consider specified factors, including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. This bill would require the methodology to consider, among other things, the city's or county's past experience with converting existing uses to higher density residential development, the current demand for the existing use, and an analysis of existing leases or other contracts that would perpetuate the existing use or prevent redevelopment, as specified. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the program to accommodate 100% of the allocated very low and low-income housing need for which site capacity has not been identified. Existing law requires these sites to be zoned to permit owner-occupied and rental multifamily residential use by right and to be zoned with specified minimum density and development standards. This bill would restrict the use by right of these sites to developments in which at least 20% of the units are affordable to lower income households during the planning period and require these sites to have sufficient water, sewer, and other dry utilities available and accessible or be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, dry utilities supply to support housing development. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. This bill would also make legislative findings and declarations. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 1397?
AB 1397 is sponsored by Bloom, Chiu, Low, and Wiener, Scott D. (Democratic).
What is the current status of AB 1397?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1397?
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