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

AB 2162 — Planning and zoning: housing development: supportive housing.

Last action — Chaptered by Secretary of State - Chapter 753, 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 12, 2018. 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.

  • 7 sponsors

    1 primary, 6 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

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This bill would make a nonsubstantive change to this requirement. The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term "use by right" for these purposes. This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 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 does not apply to the ministerial approval of projects. This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. By adding to the duties of local planning 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 686 to be operative only if this bill and AB 686 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 753, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 24. Page 7029.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5996.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 27).

  13. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 2.) (June 19). Re-referred to Com. on GOV. & F.

  14. Referred to Coms. on T. & H. and GOV. & F.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 22. Page 5377.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 5.) (May 16).

  19. Re-referred to Com. on APPR.

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

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 18). Re-referred to Com. on APPR.

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

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

  24. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 4. Noes 1.) (March 21). Re-referred to Com. on L. GOV.

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

  26. From printer. May be heard in committee March 15.

  27. Read first time. To print.

Sponsors

  • Caballero · Cosponsor
  • Bloom · Cosponsor
  • Chiu · Primary
  • Daly · Cosponsor
  • Friedman · Cosponsor
  • Gloria · Cosponsor
  • Mia Bonta · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 11 voted No

Sponsors (1)

  • Chiu

Co-sponsors (6)

  • Caballero
  • Bloom
  • Daly
  • Friedman
  • Gloria
  • Bonta, Mia Democratic

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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 2162 CHIU Concurrence in Senate Amendments

Passed 54 Yea · 24 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 381802
Democratic 16000
Republican 0600
Total 542402
% of votes cast 68%30%0%3%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Kamlager-Dove — Yea
Low — Yea
Mathis — Nay
Melendez — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Nay
Wood — Yea
Eggman — Yea
Cunningham — Nay
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Chiu — Yea
Chu — Yea
Rivas — Yea
Rubio — Yea
Salas — Yea
Harper — Nay
Gray — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Kiley — Not Voting
Levine — Yea
Chau — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Fong — Not Voting
Chávez — Nay
Cooley — Yea
Cooper — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Nay
Rendon — Yea
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Waldron — Nay
Weber — Yea
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 Yea
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 Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2162 Chiu et al. By Allen

Passed 26 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221003
Democratic 4100
Total 261103
% of votes cast 65%28%0%8%
How each member voted (40)
Member Party Vote
Bates — Nay
Bradford — Yea
Hill — Yea
Leyva — Yea
Morrell — Nay
Nielsen — Nay
Skinner — Yea
Delgado — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Nay
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Allen — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Lara — Yea
Chang — Not Voting
Anderson — Nay
Beall — Yea
Dodd — Yea
Monning — Yea
Moorlach — Not Voting
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
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, but first be re-referred to the Committee on [Governance and Finance]

Passed 8 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7202
Democratic 1001
Total 8203
% of votes cast 62%15%0%23%
How each member voted (13)
Member Party Vote
Beall — Yea
Skinner — Yea
Galgiani — Yea
Cannella — Yea
Dodd — Yea
Morrell — Nay
Allen — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Not Voting
Beth Gaines — Not Voting
McGuire, Mike Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2162 CHIU Assembly Third Reading

Passed 52 Yea · 22 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 371604
Democratic 15000
Republican 0600
Total 522204
% of votes cast 67%28%0%5%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Brough — Nay
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Mathis — Nay
O'Donnell — Nay
Rendon — Yea
Rodriguez — Yea
Steinorth — Not Voting
Voepel — Nay
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Burke — Yea
Gloria — Yea
Rubio — Yea
Low — Yea
Salas — Yea
McCarty — Yea
Gray — Yea
Bloom — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Fong — Not Voting
Kiley — Not Voting
Levine — Yea
Chávez — Nay
Maienschein — Nay
Baker — Nay
Cooley — Yea
Cunningham — Nay
Mayes — Not Voting
Melendez — Nay
Obernolte — Nay
Ting — Yea
Waldron — 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 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 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 →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9400
Democratic 3000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Nay
Eggman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Chau — Yea
Friedman — Yea
Bigelow — Nay
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
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 · 3 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 3200
Republican 0100
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Cooley — Yea
Bloom — Yea
Waldron — Nay
Voepel — Nay
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 2162 do?
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This bill would make a nonsubstantive change to this requirement. The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term "use by right" for these purposes. This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 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 does not apply to the ministerial approval of projects. This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. By adding to the duties of local planning 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 686 to be operative only if this bill and AB 686 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 2162?
AB 2162 is sponsored by Caballero, Bloom, Chiu, Daly, Friedman, Gloria, and Bonta, Mia (Democratic).
What is the current status of AB 2162?
This bill has been enacted into law. Introduced February 12, 2018. Enacted.
Where can I track AB 2162?
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