California 2023-2024 Regular Session Status: Enacted 3 D cosponsors

AB 3116 — Housing development: density bonuses: student housing developments.

Last action — Chaptered by Secretary of State - Chapter 432, Statutes of 2024.

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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, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 22, 2024.

Prognosis

Likely to advance 78% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 9 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

Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units, as defined, for lower income students in a student housing development that meets certain requirements. Existing law requires that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, as specified. To be eligible under this provision, existing law requires a developer, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education, as specified. Existing law also requires the development to provide priority for the applicable affordable units for lower income students experiencing homelessness, as specified. Existing law requires units described in these provisions to be subject to a recorded affordability restriction of 55 years. This bill would define "student housing development" to mean a development that contains bedrooms containing 2 or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. The bill would authorize units in the student housing development to be used for undergraduate, graduate, or professional students enrolled currently or in the past 6 months in at least 6 units at an institution of higher learning, as specified. The bill would additionally authorize eligibility under this provision if the developer, as a condition of receiving a certificate of occupancy, established a system for confirming its renters' status as students to ensure all units of the student housing development are occupied with students from an institution of higher education, as specified. The bill would prohibit the above-described affordability restriction from tying a rental bed reserved for lower income students to a specific bedroom, as specified. Existing law requires that an applicant under the Density Bonus Law receive a specified number of incentives or concessions if the project includes specified minimum percentages of the total units for lower income households, very low income households, or persons or families of moderate income, as provided. Existing law requires one incentive for projects that include at least 20% of the total units for lower income students in a student housing development. This bill would require that an applicant, if the project includes at least 23% of total student housing units for lower income students, to instead receive 2 incentives or concessions. For purposes of the Density Bonus Law, existing law defines "density bonus" to mean a density increase over the otherwise maximum allowable gross residential density, as defined, and sets forth the method for calculating the amount of density bonus for each type of housing development. In the case of a development that includes 20% of the total units for lower income students in a student housing development, existing law requires the density bonus to be 35% of the student housing units. This bill would revise the method for calculating the percentage density bonus for a student housing development that includes 20% of the total units for lower income students to instead provide a density bonus that varies based on the percentage of low-income units in that development, as specified. Except as provided, existing law prohibits, upon the request of the developer, a city, county, or city and county from requiring a vehicular parking ratio, as specified, of a development meeting the criteria of its provisions that exceeds specified ratios, including zero to one bedroom to one onsite parking space. This bill would add to those specified ratios one bedspace in a student housing development to zero parking spaces. By expanding the duties for a city, county, or a city and a county to administer the Density Bonus Law with respect to qualifying student housing developments, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2694 to be operative only if this bill and AB 2694 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, 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 432, Statutes of 2024.

  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 77. Noes 0.).

  5. Assembly Rule 77 suspended.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

  8. Read second time. Ordered to third reading.

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

  10. Ordered to third reading.

  11. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  12. In Senate. Held at Desk.

  13. Ordered to the Senate.

  14. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77.

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5046.).

  16. Read second time. Ordered to Consent Calendar.

  17. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  18. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.

  19. From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 18). Re-referred to Com. on L. GOV.

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

  21. Referred to Coms. on HOUSING and L. GOV.

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

  23. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5447.)

  24. Read second time. Ordered to Consent Calendar.

  25. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 15).

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 24).

  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. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 9. Noes 0.) (April 17). Re-referred to Com. on L. GOV.

  32. Coauthors revised.

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

  34. From printer. May be heard in committee March 18.

  35. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 45002
Republican 13000
Unaffiliated 19000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Maienschein — Yea
Ting — Yea
Wood — Yea
Low — Yea
Villapudua — Yea
Holden — Yea
Mathis — Yea
Rodriguez — Yea
McCarty — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail 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
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 20002
Republican 7000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Republican 2000
Unaffiliated 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Glazer — Yea
Skinner — Yea
Durazo, Maria Elena Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Republican 2000
Unaffiliated 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Menjivar, Caroline Democratic Yea
Padilla, Stephen C. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 43004
Republican 12001
Unaffiliated 16004
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Holden — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Not Voting
Pellerin, Gail 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
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 9000
Republican 3000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Yea
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Essayli — Not Voting
Waldron — Yea
Carrillo, Juan Democratic Yea
Kalra, Ash Democratic Yea
Pacheco, Blanca Democratic Yea
Ramos, James C. Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Wilson, Lori D. Democratic Yea

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 7000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Grayson, Timothy S. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Ward, Christopher M. Democratic Yea
Wilson, Lori D. Democratic Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 3116 do?
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units, as defined, for lower income students in a student housing development that meets certain requirements. Existing law requires that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, as specified. To be eligible under this provision, existing law requires a developer, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education, as specified. Existing law also requires the development to provide priority for the applicable affordable units for lower income students experiencing homelessness, as specified. Existing law requires units described in these provisions to be subject to a recorded affordability restriction of 55 years. This bill would define "student housing development" to mean a development that contains bedrooms containing 2 or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. The bill would authorize units in the student housing development to be used for undergraduate, graduate, or professional students enrolled currently or in the past 6 months in at least 6 units at an institution of higher learning, as specified. The bill would additionally authorize eligibility under this provision if the developer, as a condition of receiving a certificate of occupancy, established a system for confirming its renters' status as students to ensure all units of the student housing development are occupied with students from an institution of higher education, as specified. The bill would prohibit the above-described affordability restriction from tying a rental bed reserved for lower income students to a specific bedroom, as specified. Existing law requires that an applicant under the Density Bonus Law receive a specified number of incentives or concessions if the project includes specified minimum percentages of the total units for lower income households, very low income households, or persons or families of moderate income, as provided. Existing law requires one incentive for projects that include at least 20% of the total units for lower income students in a student housing development. This bill would require that an applicant, if the project includes at least 23% of total student housing units for lower income students, to instead receive 2 incentives or concessions. For purposes of the Density Bonus Law, existing law defines "density bonus" to mean a density increase over the otherwise maximum allowable gross residential density, as defined, and sets forth the method for calculating the amount of density bonus for each type of housing development. In the case of a development that includes 20% of the total units for lower income students in a student housing development, existing law requires the density bonus to be 35% of the student housing units. This bill would revise the method for calculating the percentage density bonus for a student housing development that includes 20% of the total units for lower income students to instead provide a density bonus that varies based on the percentage of low-income units in that development, as specified. Except as provided, existing law prohibits, upon the request of the developer, a city, county, or city and county from requiring a vehicular parking ratio, as specified, of a development meeting the criteria of its provisions that exceeds specified ratios, including zero to one bedroom to one onsite parking space. This bill would add to those specified ratios one bedspace in a student housing development to zero parking spaces. By expanding the duties for a city, county, or a city and a county to administer the Density Bonus Law with respect to qualifying student housing developments, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2694 to be operative only if this bill and AB 2694 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, 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 3116?
AB 3116 is sponsored by Friedman, Quirk-Silva, Sharon (Democratic), Reyes, Eloise Gómez (Democratic), and Garcia, Robert (Democratic).
What is the current status of AB 3116?
This bill has been enacted into law. Introduced February 16, 2024. Enacted.
Where can I track AB 3116?
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