California 2017-2018 Regular Session Status: Enacted

SB 166 — Residential density and affordability.

Last action — Chaptered by Secretary of State. Chapter 367, Statutes of 2017.

  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 23, 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 7 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, county, or city and county to ensure that its housing element inventory, as described, can accommodate its share of the regional housing need throughout the planning period. The law also prohibits a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law, unless the city, county, or city and county makes written findings supported by substantial evidence that the reduction is consistent with the adopted general plan, including the housing element, and that the remaining sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need. The city, county, or city and county may reduce the residential density for a parcel if it identifies sufficient sites, as prescribed, so that there is no net loss of residential unit capacity. This bill, among other things, would prohibit a city, county, or city and county from permitting or causing its inventory of sites identified in the housing element to be insufficient to meet its remaining unmet share of the regional housing need for lower and moderate-income households. The bill also would expand the definition of "lower residential density" if the local jurisdiction has not adopted a housing element for the current planning period or the adopted housing element is not in substantial compliance, as specified. The bill would additionally require a city, county, or city and county to make specified written findings if the city, county, or city and county allows development of any parcel with fewer units by income category than identified in the housing element for that parcel. Where the approval of a development project results in fewer units by income category than identified in the housing element for that parcel and the remaining sites in the housing element are not adequate to accommodate the jurisdiction's share of the regional housing need by income level, the bill would require the jurisdiction within 180 days to identify and make available additional adequate sites. The bill would provide that an action that creates an obligation to identify or make available additional adequate sites and the action to identify or make available those sites would not create an obligation under the California Environmental Quality Act to identify, analyze, or mitigate the environmental impacts of that subsequent action, as specified. By increasing the duties of local agencies, this bill would create a state-mandated local program. 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 367, 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 24. Noes 11. Page 2959.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 24. Page 3418.) 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: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (July 12). Re-referred to Com. on RLS.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

  12. From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (June 28). Re-referred to Com. on H. & C.D.

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

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

  15. Read third time. Passed. (Ayes 28. Noes 12. Page 1384.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

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

  18. Set for hearing May 15.

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

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 884.) (April 26).

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

  22. Set for hearing April 26.

  23. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 1. Page 327.) (March 7). Re-referred to Com. on GOV. & F.

  24. Set for hearing March 7.

  25. Re-referred to Coms. on T. & H. and GOV. & F.

  26. Re-referred to Com. on RLS.

  27. Withdrawn from committee.

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

  29. Referred to Com. on JUD.

  30. From printer. May be acted upon on or after February 23.

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

Sponsors

  • Gloria · Cosponsor
  • Skinner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 12 voted No

Sponsors (1)

  • Skinner

Co-sponsors (1)

  • Gloria

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

Unfinished Business SB166 Skinner et al. Concurrence

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211004
Democratic 3101
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hertzberg — Yea
Lara — Yea
Moorlach — Nay
Wilk — Nay
Cannella — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Fuller — Nay
Allen — Not Voting
Galgiani — Yea
Glazer — Nay
Hernandez — Yea
Hill — Yea
Hueso — Yea
Bates — Nay
Beall — Yea
Leyva — Yea
Mendoza — Not Voting
Monning — Yea
Morrell — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 166 Skinner Senate Third Reading By BLOOM

Passed 54 Yea · 24 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 401800
Democratic 14001
Republican 0600
Total 542401
% of votes cast 68%30%0%1%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Brough — Nay
Harper — Nay
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Ridley-Thomas — Yea
Weber — Yea
Eggman — Yea
Chu — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Burke — Yea
Chau — Yea
Friedman — Yea
Holden — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Gray — Yea
Bloom — Yea
Chiu — Yea
Cooper — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Kiley — Nay
Chávez — Nay
Levine — Yea
Mayes — Nay
Baker — Nay
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Melendez — Nay
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Voepel — Nay
Waldron — Nay
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 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 Not Voting
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 and be re-referred to the Committee on [Housing and Community Development]

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 — Nay
Gonzalez Fletcher — Yea
Ridley-Thomas — Yea
Waldron — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

3rd Reading

Passed 28 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241100
Democratic 4100
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Bradford — Yea
Hill — Yea
Morrell — Nay
Newman — Yea
Nielsen — Nay
Skinner — Yea
Glazer — Yea
Cannella — Yea
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Dodd — Yea
Allen — Yea
De León — Yea
Lara — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Fuller — Nay
Moorlach — Nay
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 9 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8102
Democratic 1001
Total 9103
% of votes cast 69%8%0%23%
How each member voted (13)
Member Party Vote
Bates — Not Voting
Morrell — Not Voting
Roth — Yea
Cannella — Yea
Allen — Yea
Atkins — Yea
Beall — Yea
Mendoza — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Nay
McGuire, Mike Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 166 do?
The Planning and Zoning Law requires a city, county, or city and county to ensure that its housing element inventory, as described, can accommodate its share of the regional housing need throughout the planning period. The law also prohibits a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law, unless the city, county, or city and county makes written findings supported by substantial evidence that the reduction is consistent with the adopted general plan, including the housing element, and that the remaining sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need. The city, county, or city and county may reduce the residential density for a parcel if it identifies sufficient sites, as prescribed, so that there is no net loss of residential unit capacity. This bill, among other things, would prohibit a city, county, or city and county from permitting or causing its inventory of sites identified in the housing element to be insufficient to meet its remaining unmet share of the regional housing need for lower and moderate-income households. The bill also would expand the definition of "lower residential density" if the local jurisdiction has not adopted a housing element for the current planning period or the adopted housing element is not in substantial compliance, as specified. The bill would additionally require a city, county, or city and county to make specified written findings if the city, county, or city and county allows development of any parcel with fewer units by income category than identified in the housing element for that parcel. Where the approval of a development project results in fewer units by income category than identified in the housing element for that parcel and the remaining sites in the housing element are not adequate to accommodate the jurisdiction's share of the regional housing need by income level, the bill would require the jurisdiction within 180 days to identify and make available additional adequate sites. The bill would provide that an action that creates an obligation to identify or make available additional adequate sites and the action to identify or make available those sites would not create an obligation under the California Environmental Quality Act to identify, analyze, or mitigate the environmental impacts of that subsequent action, as specified. By increasing the duties of local agencies, this bill would create a state-mandated local program. 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 166?
SB 166 is sponsored by Gloria and Skinner.
What is the current status of SB 166?
This bill has been enacted into law. Introduced January 23, 2017. Enacted.
Where can I track SB 166?
Track SB 166 free on One Click Politics — get push/email alerts when it moves.

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