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

AB 2923 — San Francisco Bay Area Rapid Transit District: transit-oriented development.

Last action — Chaptered by Secretary of State - Chapter 1000, 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 16, 2018. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 5 sponsors

    1 primary, 4 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) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities. This bill would require the board to adopt by ordinance new transit-oriented development (TOD) zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the adoption of, or amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. The bill would provide that BART's approval of TOD zoning standards is subject to California Environmental Quality Act (CEQA) review and would designate BART as the lead agency for CEQA review, as specified. This bill would, where local zoning remains inconsistent with the TOD zoning standards after July 1, 2022, require the TOD zoning standards to become the local zoning for any BART-owned parcels that are at least 75% within 12 mile of any existing or planned BART station entrance within the BART district in areas represented on the board, as specified. The bill would require BART to ensure any otherwise applicable local design standards are included as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards. The bill would require that, where housing is proposed as part of a TOD project, a certain minimum of residential housing units is affordable housing, as specified, and that the construction of the TOD project complies with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions. By increasing the duties of local public officials, the bill would impose a state-mandated local program. (2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern. (3) 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, if the Commission on State Mandates determines that the bill contains costs 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 1000, 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 46. Noes 28. Page 6731.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5647.).

  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. In committee: Hearing postponed by committee.

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

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 27).

  14. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 3.) (June 26). Re-referred to Com. on GOV. & F.

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

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 32. Page 5634.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 12. Noes 4.) (May 25).

  20. Joint Rule 62(a), file notice suspended. (Page 5298.)

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

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 23).

  25. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 5. Noes 3.) (April 18). Re-referred to Com. on NAT. RES.

  26. Coauthors revised.

  27. (pending re-referral to Com. on NAT. RES.)

  28. Assembly Rule 56 suspended. (Page 4674.)

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

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

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

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

  33. From printer. May be heard in committee March 19.

  34. Read first time. To print.

Sponsors

  • Chiu · Primary
  • Bloom · Cosponsor
  • Timothy S. Grayson · Cosponsor
  • Mullin · Cosponsor
  • Ting · Cosponsor

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 15 voted No

Sponsors (1)

  • Chiu

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 2923 CHIU Concurrence in Senate Amendments

Passed 46 Yea · 28 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 352003
Democratic 10303
Republican 1500
Total 462806
% of votes cast 58%35%0%8%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Kiley — Nay
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
Obernolte — Nay
Rodriguez — Not Voting
Waldron — Nay
Wood — Yea
Eggman — Yea
Burke — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Kamlager-Dove — Yea
Salas — Yea
Low — Yea
Gray — Yea
McCarty — Yea
Medina — Yea
Rubio — Yea
Mullin — Yea
Rivas — Yea
O'Donnell — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Fong — Nay
Frazier — Nay
Harper — Nay
Chávez — Nay
Cunningham — Nay
Levine — Nay
Bigelow — Nay
Mayes — Nay
Melendez — Nay
Quirk — Not Voting
Steinorth — Nay
Voepel — Nay
Daly — Not Voting
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
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 Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
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 →

3rd Reading AB2923 Chiu et al. By McGuire

Passed 26 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221201
Democratic 4100
Total 261301
% of votes cast 65%33%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Vidak — Nay
Wilk — Nay
Chang — Nay
Delgado — Yea
Cannella — Yea
Mitchell — Yea
Atkins — Yea
Dodd — Yea
Portantino — Yea
Hernandez — Yea
Hertzberg — Yea
De León — Yea
Allen — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Bates — Nay
Beall — Yea
Bradford — Yea
Monning — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Hueso — Nay
Nielsen — Nay
Fuller — Nay
Galgiani — Yea
Glazer — 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 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
Bradford — Yea
Hill — Yea
Portantino — Yea
Bates — Nay
Beall — Yea
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
Nielsen — Yea
Hill — Yea
Portantino — Yea
Beall — 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 · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Democratic 1001
Total 8302
% of votes cast 62%23%0%15%
How each member voted (13)
Member Party Vote
Beall — Yea
Roth — Yea
Vidak — Nay
Cannella — Yea
Dodd — Yea
Allen — Yea
Morrell — Nay
Skinner — Yea
Wieckowski — Not Voting
Galgiani — Yea
Beth Gaines — Nay
McGuire, Mike Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2923 CHIU Assembly Third Reading

Passed 42 Yea · 32 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 312303
Democratic 11301
Republican 0600
Total 423204
% of votes cast 54%41%0%5%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Kiley — Nay
Mathis — Nay
Obernolte — Nay
Rodriguez — Not Voting
Thurmond — Yea
Voepel — Nay
Wood — Yea
Rubio — Yea
Friedman — Yea
Harper — Nay
Holden — Yea
Fong — Nay
Salas — Nay
Jones-Sawyer — Yea
Levine — Nay
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Melendez — Nay
Baker — Nay
Chiu — Yea
Chu — Nay
Chávez — Nay
Cooley — Yea
Cooper — Not Voting
O'Donnell — Yea
Quirk — Not Voting
Rendon — Yea
Steinorth — Nay
Waldron — Nay
Burke — Yea
Kamlager-Dove — Yea
Gonzalez Fletcher — Yea
Low — Yea
Chau — Yea
Medina — Yea
Mullin — Yea
Gray — Yea
Daly — Yea
Nazarian — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Cunningham — Nay
Frazier — Nay
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Nay
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
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 Nay
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 · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Bigelow — Nay
Brough — Not Voting
Nazarian — Yea
Quirk — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Chau — Yea
Obernolte — Nay
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 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 3000
Republican 0100
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Acosta — Nay
Chau — Yea
McCarty — Yea
Melendez — Nay
Eggman — Yea
Mark Stone — Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Flora, Heath Republican Nay

Official roll call →

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

Passed 5 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2100
Unaffiliated 3200
Republican 0001
Total 5301
% of votes cast 56%33%0%11%
How each member voted (9)
Member Party Vote
Bloom — Yea
Cooley — Yea
Voepel — Nay
Waldron — Nay
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Nay
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

housing labor transportation
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Frequently asked questions

What does AB 2923 do?
(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities. This bill would require the board to adopt by ordinance new transit-oriented development (TOD) zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the adoption of, or amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. The bill would provide that BART's approval of TOD zoning standards is subject to California Environmental Quality Act (CEQA) review and would designate BART as the lead agency for CEQA review, as specified. This bill would, where local zoning remains inconsistent with the TOD zoning standards after July 1, 2022, require the TOD zoning standards to become the local zoning for any BART-owned parcels that are at least 75% within 12 mile of any existing or planned BART station entrance within the BART district in areas represented on the board, as specified. The bill would require BART to ensure any otherwise applicable local design standards are included as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards. The bill would require that, where housing is proposed as part of a TOD project, a certain minimum of residential housing units is affordable housing, as specified, and that the construction of the TOD project complies with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions. By increasing the duties of local public officials, the bill would impose a state-mandated local program. (2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 2923?
AB 2923 is sponsored by Chiu, Bloom, Grayson, Timothy S. (Democratic), Mullin, and Ting.
What is the current status of AB 2923?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2923?
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