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

SB 828 — Land use: housing element.

Last action — Chaptered by Secretary of State. Chapter 974, Statutes of 2018.

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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 January 03, 2018. 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 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

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires a planning agency to submit a draft of the housing element to the Department of Housing and Community Development for review, as specified. Existing law requires the department, in consultation with each council of governments, to determine the existing and projected need for housing for each region in accordance with specified requirements. Existing law requires the appropriate council of governments, or the department for a city and county that does not have a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county in accordance with certain requirements and procedures, including that a specified type of ordinance or policy that limits the number of residential building permits issued by a city or county may not be used as a justification for a determination or reduction in a jurisdiction's share of the regional housing need. This bill would prohibit the prior underproduction of housing in a city or county from the previous cycle and stable population numbers in a city or county from the previous cycle from being used as a justification for a determination or a reduction in the jurisdiction's share of the regional housing need. (2) Existing law requires, at least 26 months prior to the scheduled revision of the housing element and developing the existing and projected housing need for a region, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs. Existing law requires the council of governments to provide data assumptions from the council's projections, including, if available, specified data factors for the region, including, data relating to the percentage of renter's households that are overcrowded and vacancy rates for healthy housing market functioning and regional mobility. Existing law requires the department, after consulting with the council of governments, to determine, in writing, the data assumptions for each of the data factors provided, as well as the methodology the department will use. This bill would additionally require the council of governments to provide data on the overcrowding rate for a comparable housing market, and would define the vacancy rate for a healthy rental housing market for those purposes to be no less than 5%. The bill would also require the council of governments to include data on the percentage of households that are cost burdened, the rate of housing cost for a healthy housing market, and data on the projected household income growth. This bill would provide that statutory changes enacted after the date the department issued a final determination do not provide a basis for a revision of the final determination. This bill would require the methodology approved by the department to grant allowances to adjust for data factors relating to overcrowding, vacancy rates, and households that are cost burdened, as described above, based on the region's total projected households, which includes existing households as well as future projected households. (3) Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs including, among other factors, the opportunities and constraints regarding development of addition housing in each member jurisdiction, such as lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis. This bill would revise this factor to also include lands zoned or designated for agricultural protection or preservation that are subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts their conversion to nonagricultural uses. (4) By expanding the duties of local governments relating to the housing element program and the final regional housing need plan, this bill would impose a state-mandated local program. (5) This bill would incorporate additional changes to Section 65584 of the Government Code proposed by AB 1771 to be operative only if this bill and AB 1771 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by AB 1771 and AB 2238 to be operative only if this bill and either or both AB 1771 and AB 2238 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 1771 and AB 2238 to be operative only if this bill and either or both AB 1771 and AB 2238 are enacted and this bill is enacted last. (6) 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 974, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 22. Noes 13. Page 6025.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 53. Noes 21. Page 6767.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 46. Noes 23. Page 6562.)

  9. Assembly Rule 69 suspended. (Ayes 49. Noes 23. Page 6540.)

  10. Read second time. Ordered to third reading.

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

  12. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 16).

  13. August 8 set for first hearing. Placed on APPR. suspense file.

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

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 27).

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  17. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 4. Noes 2.) (June 20). Re-referred to Com. on L. GOV.

  18. Assembly Rule 56 suspended.

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

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

  21. Read third time. Passed. (Ayes 23. Noes 10. Page 4422.) Ordered to the Assembly.

  22. Read second time. Ordered to third reading.

  23. Read second time and amended. Ordered to second reading.

  24. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 4297.) (May 25).

  25. Set for hearing May 25.

  26. May 14 hearing: Placed on APPR. suspense file.

  27. Set for hearing May 14.

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

  29. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 4821.) (April 24).

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

  31. Set for hearing April 24.

  32. Re-referred to Com. on T. & H.

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

  34. Referred to Com. on RLS.

  35. From printer. May be acted upon on or after February 3.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 13 voted No

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

Unfinished Business SB828 Wiener Concurrence

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201005
Democratic 2300
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Nay
Bradford — Not Voting
Hertzberg — Yea
Lara — Not Voting
Pan — Yea
Vidak — Yea
Fuller — Nay
Galgiani — Yea
Atkins — Yea
De León — Yea
Cannella — Yea
Glazer — Nay
Portantino — Nay
Allen — Nay
Chang — Nay
Mitchell — Not Voting
Hernandez — Yea
Delgado — Yea
Hueso — Yea
Dodd — Yea
Beall — Yea
Leyva — Yea
Monning — Yea
Moorlach — Not Voting
Morrell — Nay
Nielsen — Nay
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Nay
Hill — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Nay
Wiener, Scott D. Democratic Yea

Official roll call →

SB 828 Wiener Senate Third Reading By BLOOM

Passed 53 Yea · 21 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 391603
Democratic 13003
Republican 1500
Total 532106
% of votes cast 66%26%0%8%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Maienschein — Yea
Mathis — Not Voting
Melendez — Nay
Obernolte — Nay
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Weber — Yea
Eggman — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Gloria — Yea
Salas — Yea
Gray — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Rubio — Yea
Kiley — Nay
Rivas — Yea
Levine — Nay
Low — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Nay
Waldron — Nay
Wood — Yea
Fong — Not Voting
Harper — Nay
O'Donnell — Nay
Cooley — Yea
Cunningham — Nay
Daly — Yea
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
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 Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Not Voting
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 Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

SB 828 Wiener Senate Third Reading Amend By BLOOM Set #1

Passed 46 Yea · 23 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 341806
Democratic 12004
Republican 0501
Total 4623011
% of votes cast 58%29%0%14%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Kamlager-Dove — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Rendon — Yea
Steinorth — Not Voting
Voepel — Nay
Wood — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Rodriguez — Yea
Frazier — Not Voting
Salas — Yea
Burke — Yea
Friedman — Yea
Gray — Yea
Rubio — Yea
Rivas — Yea
Harper — Nay
Jones-Sawyer — Yea
Fong — Nay
Kiley — Nay
Mayes — Nay
McCarty — Yea
Medina — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
Melendez — Nay
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Levine — Not Voting
Chiu — Not Voting
Eggman — Not Voting
Cunningham — Nay
Daly — Yea
Gloria — Yea
Cristina Garcia — Not Voting
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 Not Voting
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
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 Not Voting
Quirk-Silva, Sharon Democratic Not Voting
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 Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

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
Bigelow — Nay
Bloom — Yea
Brough — Nay
Quirk — Yea
Eggman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Nazarian — Yea
Obernolte — Nay
Friedman — 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 as amended and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 3101
Republican 0100
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Bloom — Yea
Voepel — Not Voting
Rivas — Yea
Rubio — Yea
Waldron — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Gabriel, Jesse Democratic Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading

Passed 23 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 21904
Democratic 2102
Total 231006
% of votes cast 59%26%0%15%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Fuller — Nay
Atkins — Yea
Galgiani — Yea
Portantino — Yea
Glazer — Nay
Mitchell — Yea
Cannella — Yea
Dodd — Yea
Hertzberg — Yea
De León — Not Voting
Allen — Not Voting
Hill — Yea
Bates — Nay
Bradford — Not Voting
Lara — Nay
Monning — Yea
Morrell — Nay
Newman — Not Voting
Nielsen — Nay
Roth — Yea
Vidak — Yea
Wilk — Nay
Beth Gaines — Yea
Bill Berryhill — Nay
Mark Stone — Yea
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Nielsen — Not Voting
Lara — Yea
Beall — Yea
Bradford — Yea
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
Nielsen — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

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

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Democratic 2000
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Vidak — Yea
Galgiani — Yea
Cannella — Yea
Dodd — Yea
Allen — Not Voting
Morrell — Not Voting
Beall — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Not Voting
Beth Gaines — Yea
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 828 do?
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires a planning agency to submit a draft of the housing element to the Department of Housing and Community Development for review, as specified. Existing law requires the department, in consultation with each council of governments, to determine the existing and projected need for housing for each region in accordance with specified requirements. Existing law requires the appropriate council of governments, or the department for a city and county that does not have a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county in accordance with certain requirements and procedures, including that a specified type of ordinance or policy that limits the number of residential building permits issued by a city or county may not be used as a justification for a determination or reduction in a jurisdiction's share of the regional housing need. This bill would prohibit the prior underproduction of housing in a city or county from the previous cycle and stable population numbers in a city or county from the previous cycle from being used as a justification for a determination or a reduction in the jurisdiction's share of the regional housing need. (2) Existing law requires, at least 26 months prior to the scheduled revision of the housing element and developing the existing and projected housing need for a region, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs. Existing law requires the council of governments to provide data assumptions from the council's projections, including, if available, specified data factors for the region, including, data relating to the percentage of renter's households that are overcrowded and vacancy rates for healthy housing market functioning and regional mobility. Existing law requires the department, after consulting with the council of governments, to determine, in writing, the data assumptions for each of the data factors provided, as well as the methodology the department will use. This bill would additionally require the council of governments to provide data on the overcrowding rate for a comparable housing market, and would define the vacancy rate for a healthy rental housing market for those purposes to be no less than 5%. The bill would also require the council of governments to include data on the percentage of households that are cost burdened, the rate of housing cost for a healthy housing market, and data on the projected household income growth. This bill would provide that statutory changes enacted after the date the department issued a final determination do not provide a basis for a revision of the final determination. This bill would require the methodology approved by the department to grant allowances to adjust for data factors relating to overcrowding, vacancy rates, and households that are cost burdened, as described above, based on the region's total projected households, which includes existing households as well as future projected households. (3) Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs including, among other factors, the opportunities and constraints regarding development of addition housing in each member jurisdiction, such as lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis. This bill would revise this factor to also include lands zoned or designated for agricultural protection or preservation that are subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts their conversion to nonagricultural uses. (4) By expanding the duties of local governments relating to the housing element program and the final regional housing need plan, this bill would impose a state-mandated local program. (5) This bill would incorporate additional changes to Section 65584 of the Government Code proposed by AB 1771 to be operative only if this bill and AB 1771 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by AB 1771 and AB 2238 to be operative only if this bill and either or both AB 1771 and AB 2238 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 1771 and AB 2238 to be operative only if this bill and either or both AB 1771 and AB 2238 are enacted and this bill is enacted last. (6) 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 SB 828?
SB 828 is sponsored by Wiener, Scott D. (Democratic).
What is the current status of SB 828?
This bill has been enacted into law. Introduced January 03, 2018. Enacted.
Where can I track SB 828?
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