California 2017-2018 Regular Session Status: Enacted

SB 540 — Workforce Housing Opportunity Zone.

Last action — Chaptered by Secretary of State. Chapter 369, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would authorize a local government, as defined, to establish a Workforce Housing Opportunity Zone by preparing an EIR pursuant to CEQA and adopting a specific plan that is required to include text and a diagram or diagrams containing specified information. The bill would require a local government that proposes to adopt a Workforce Housing Opportunity Zone to hold public hearings on the specific plan. The bill would authorize a local government, after a specific plan is adopted and the zone is formed, to impose a specific plan fee upon all persons seeking governmental approvals within the zone. The bill would require a local government to comply with certain requirements when amending the specific plan for the zone, including seeking a new EIR. The bill would authorize a local government to apply for a grant or no-interest loan, or both, from the Department of Housing and Community Development to support its efforts to develop a specific plan and accompanying EIR within the zone. The bill, upon appropriation by the Legislature, would authorize a transfer from the Treasurer to the Department of Housing and Community Development for purposes of issuing grants or loans, or both, pursuant to these provisions. The bill would require a local government, for a period of 5 years after the plan is adopted, to approve a development that satisfies certain criteria, unless the local government makes certain findings regarding the site. The bill would provide that, after the zone is adopted, a lead agency is not required to prepare an EIR or negative declaration for a housing development that occurs within the zone if specified criteria are met. The bill would require a local government to approve a housing development located within the zone that is consistent with the plan and meets specific criteria within 60 days after the application for that development is deemed complete. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community's share of regional housing needs. This bill would require a local government that has formed a Workforce Housing Opportunity Zone to include within this report the number of housing units approved within a zone that complies with specified criteria. The bill would declare that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 369, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 29. Noes 7. Page 2960.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 70. Noes 8. Page 3419.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 suspended. (Ayes 51. Noes 23. Page 2826.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  11. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 10). Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 9. Noes 0.) (June 28). Re-referred to Com. on NAT. RES.

  14. Referred to Coms. on L. GOV. and NAT. RES.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 33. Noes 7. Page 1383.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 6. Noes 1. Page 1186.) (May 25).

  19. Set for hearing May 25.

  20. May 15 hearing: Placed on APPR. suspense file.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  22. Set for hearing May 15.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 784.) (April 19). Re-referred to Com. on APPR.

  24. Read second time and amended. Re-referred to Com. on EQ.

  25. From committee: Do pass as amended and re-refer to Com. on EQ. (Ayes 7. Noes 0. Page 623.) (April 5).

  26. Set for hearing April 19 in EQ. pending receipt.

  27. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 0. Page 627.) (April 4). Re-referred to Com. on GOV. & F.

  28. Set for hearing April 5 in GOV. & F. pending receipt.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  30. Set for hearing April 4.

  31. March 28 set for first hearing canceled at the request of author.

  32. Set for hearing March 28.

  33. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  34. Referred to Coms. on T. & H., GOV. & F., and EQ.

  35. From printer. May be acted upon on or after March 19.

  36. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Atkins · Cosponsor
  • Roth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Roth

Co-sponsors (1)

  • Atkins

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

Passed 70 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52501
Democratic 15000
Republican 3300
Total 70801
% of votes cast 89%10%0%1%
How each member voted (79)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Chiu — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Frazier — Yea
Salas — Yea
Chu — Yea
Friedman — Yea
Gloria — Yea
Gray — Yea
Bocanegra — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chávez — Yea
Medina — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Acosta — Yea
Baker — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Fong — Nay
Harper — Nay
Kiley — Nay
Bigelow — Nay
Brough — Not Voting
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — 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
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 Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Passed 29 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 24704
Democratic 5000
Total 29704
% of votes cast 73%18%0%10%
How each member voted (40)
Member Party Vote
Bates — Not Voting
Bradford — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Moorlach — Nay
Nielsen — Nay
Portantino — Yea
Allen — Yea
Atkins — Yea
Fuller — Nay
Cannella — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Dodd — Yea
Hernandez — Yea
Hertzberg — Yea
Anderson — Nay
Beall — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Not Voting
Wilk — Yea
Glazer — Yea
Beth Gaines — Not Voting
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 →

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 2000
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Acosta — Yea
McCarty — Yea
Chau — Yea
Eggman — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 5000
Republican 1000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Bloom — Yea
Ridley-Thomas — Yea
Voepel — Yea
Gonzalez Fletcher — Yea
Waldron — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 540 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. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would authorize a local government, as defined, to establish a Workforce Housing Opportunity Zone by preparing an EIR pursuant to CEQA and adopting a specific plan that is required to include text and a diagram or diagrams containing specified information. The bill would require a local government that proposes to adopt a Workforce Housing Opportunity Zone to hold public hearings on the specific plan. The bill would authorize a local government, after a specific plan is adopted and the zone is formed, to impose a specific plan fee upon all persons seeking governmental approvals within the zone. The bill would require a local government to comply with certain requirements when amending the specific plan for the zone, including seeking a new EIR. The bill would authorize a local government to apply for a grant or no-interest loan, or both, from the Department of Housing and Community Development to support its efforts to develop a specific plan and accompanying EIR within the zone. The bill, upon appropriation by the Legislature, would authorize a transfer from the Treasurer to the Department of Housing and Community Development for purposes of issuing grants or loans, or both, pursuant to these provisions. The bill would require a local government, for a period of 5 years after the plan is adopted, to approve a development that satisfies certain criteria, unless the local government makes certain findings regarding the site. The bill would provide that, after the zone is adopted, a lead agency is not required to prepare an EIR or negative declaration for a housing development that occurs within the zone if specified criteria are met. The bill would require a local government to approve a housing development located within the zone that is consistent with the plan and meets specific criteria within 60 days after the application for that development is deemed complete. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community's share of regional housing needs. This bill would require a local government that has formed a Workforce Housing Opportunity Zone to include within this report the number of housing units approved within a zone that complies with specified criteria. The bill would declare that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair.
Who sponsors SB 540?
SB 540 is sponsored by Atkins and Roth.
What is the current status of SB 540?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track SB 540?
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