California 2021-2022 Regular Session Status: Enacted 10 D cosponsors

AB 2011 — Affordable Housing and High Road Jobs Act of 2022.

Last action — Chaptered by Secretary of State - Chapter 647, Statutes of 2022.

  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 14, 2022. 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.

  • 15 sponsors

    1 primary, 14 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (10 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

The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units approved by a local government pursuant to the above-described provisions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program. This bill would require the Department of Housing and Community Development to undertake specified studies of the outcomes of the Affordable Housing and High Road Jobs Act of 2022, to publish reports on the findings of those studies, to post the reports on its internet website, and to submit the reports to the Legislature. This bill would repeal the provisions of the Affordable Housing and High Road Jobs Act of 2022 on January 1, 2033. 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. The law also requires a planning agency to provide a specified annual report after the legislative body has adopted all or part of a general plan. This bill would require the annual report to include specified information about applications for housing developments submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022. The Planning and Zoning Law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would add the Affordable Housing and High Road Jobs Act of 2022 to that list of housing laws. 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 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. CEQA does not apply to the approval of ministerial projects. This bill would define "use by right" for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA. This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2094, and AB 2653, to be operative only if this bill and any one or a combination of AB 1743, AB 2094, and AB 2653, are enacted, and this bill is enacted last, as described. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2097 and AB 2653 to be operative only if this bill and either or both of AB 2097 and AB 2653 are enacted, and this bill is enacted last, as described. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make its provisions operative on July 1, 2023.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 647, Statutes of 2022.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 4.).

  5. Assembly Rule 77 suspended.

  6. Assembly Rule 63 suspended.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 5185.).

  9. Read third time and amended. Ordered to third reading.

  10. Read second time. Ordered to third reading.

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

  12. From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 11).

  13. In committee: Reconsideration of a favorable vote granted.

  14. In committee: Referred to suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 29). Re-referred to Com. on APPR.

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

  17. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 6. Noes 1.) (June 21). Re-referred to Com. on GOV. & F.

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

  19. Action rescinded whereby the bill was referred to Com. on E.Q.

  20. Referred to Coms. on HOUSING, GOV. & F. and E.Q.

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

  22. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 11. Page 4862.)

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 11. Noes 1.) (May 19).

  25. Joint Rule 62(a), file notice suspended. (Page 4736.)

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

  27. Re-referred to Com. on APPR. by unanimous consent.

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

  29. From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 1.) (April 27). Re-referred to Com. on RLS.

  30. Measure version as amended on April 18 corrected.

  31. Coauthors revised.

  32. Re-referred to Com. on H. & C.D.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  34. Re-referred to Com. on H. & C.D.

  35. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  36. Referred to Com. on H. & C.D.

  37. From printer. May be heard in committee March 17.

  38. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 14 co-sponsors · 107 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (14)

Not signed on (107)

107 members have not signed on to this bill.

Show all 107 →

"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 2011 WICKS Concurrence in Senate Amendments

Passed 67 Yea · 4 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 29003
Unaffiliated 31305
Republican 7101
Total 67409
% of votes cast 84%5%0%11%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Cunningham — Yea
Waldron — Nay
Bigelow — Nay
Voepel — Not Voting
Maienschein — Not Voting
Nazarian — Not Voting
Cooper — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Nay
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB2011 Wicks et al. By Caballero

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17006
Republican 4000
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Newman — Yea
Wilk — Yea
Min — Yea
Atkins — Yea
Roth — Yea
Eggman — Yea
Rubio — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Dodd — Yea
Bradford — Not Voting
Glazer — Not Voting
Borgeas — Not Voting
Nielsen — Not Voting
Melendez — Not Voting
Bates — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 2101
Republican 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Bradford — Not Voting
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Kamlager — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Governance and Finance]

Passed 6 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 2100
Republican 0001
Total 6102
% of votes cast 67%11%0%22%
How each member voted (9)
Member Party Vote
Roth — Yea
Bates — Nay
Skinner — Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Not Voting
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

AB 2011 Wicks Assembly Third Reading

Passed 48 Yea · 11 Nay · 19 Other
Party YeaNayPresentNot Voting
Democratic 19209
Unaffiliated 26607
Republican 3303
Total 4811019
% of votes cast 62%14%0%24%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Ting — Yea
Levine — Yea
Daly — Yea
Medina — Yea
McCarty — Yea
Gray — Not Voting
Smith — Not Voting
Cunningham — Yea
Cooper — Yea
Voepel — Nay
Waldron — Nay
Cooley — Nay
Bigelow — Nay
Maienschein — Not Voting
Nazarian — Not Voting
Low — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Not Voting
Mark Stone — Nay
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Nay
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Not Voting
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Yea
Davies, Laurie Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Democratic 6001
Republican 0002
Total 11104
% of votes cast 69%6%0%25%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does AB 2011 do?
The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units approved by a local government pursuant to the above-described provisions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program. This bill would require the Department of Housing and Community Development to undertake specified studies of the outcomes of the Affordable Housing and High Road Jobs Act of 2022, to publish reports on the findings of those studies, to post the reports on its internet website, and to submit the reports to the Legislature. This bill would repeal the provisions of the Affordable Housing and High Road Jobs Act of 2022 on January 1, 2033. 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. The law also requires a planning agency to provide a specified annual report after the legislative body has adopted all or part of a general plan. This bill would require the annual report to include specified information about applications for housing developments submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022. The Planning and Zoning Law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would add the Affordable Housing and High Road Jobs Act of 2022 to that list of housing laws. 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 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. CEQA does not apply to the approval of ministerial projects. This bill would define "use by right" for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA. This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2094, and AB 2653, to be operative only if this bill and any one or a combination of AB 1743, AB 2094, and AB 2653, are enacted, and this bill is enacted last, as described. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2097 and AB 2653 to be operative only if this bill and either or both of AB 2097 and AB 2653 are enacted, and this bill is enacted last, as described. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make its provisions operative on July 1, 2023.
Who sponsors AB 2011?
AB 2011 is sponsored by Wicks, Buffy (Democratic), Bloom, Grayson, Timothy S. (Democratic), Quirk-Silva, Sharon (Democratic), Villapudua, Wiener, Scott D. (Democratic), Alvarez, David (Democratic), Berman, Marc (Democratic), Mayes, Reyes, Eloise Gómez (Democratic), Quirk, Rivas, Robert (Democratic), Rubio, Blanca E. (Democratic), Nielsen, and Fong, Mike (Democratic).
What is the current status of AB 2011?
This bill has been enacted into law. Introduced February 14, 2022. Enacted.
Where can I track AB 2011?
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