Scott Wiener's Bills

← All bills

SB 477 · 2021-22

Requires more data in local housing reports

Official subject General plan: annual report.

Vetoed Vetoed Oct. 5, 2021

Plain-language summary

Starting in 2024, city and county planning agencies must add details on costs, standards, and applications for housing projects to their annual report to the state. Reports must also include expired preliminary applications and density bonus units in lower income student housing.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Enrolled, Sept. 7, 2021).

Read the official summary (9 paragraphs)

Existing law, 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. That law requires the planning agency of a city or county to provide, by April 1 of each year, an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of applications submitted, the location and total number of developments approved, the number of building permits issued, and the number of units constructed pursuant to a specific streamlined, ministerial approval process.

This bill would, commencing January 1, 2024, require a planning agency to include in that annual report specified information on costs, standards, and applications for proposed housing development projects and specified information on housing development projects within the jurisdiction.

Existing law requires an applicant for a housing development project, as defined, to be deemed to have submitted a preliminary application upon providing all of specified information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee.

This bill would, commencing January 1, 2024, require a planning agency to include in the annual report described above the number of times in which a preliminary application for a housing development project expired pursuant to specified procedures.

Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development in the city or county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to, among other things, construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents, including lower income students.

This bill would require the planning agency to include in the annual report described above the number of units in a student housing development for lower income students for which the developer was granted a density bonus.

By adding to the duties of local planning officials with respect to preparing and submitting the above-described annual report to the Department of Housing and Community Development, this bill would impose 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.

Official title

An act to amend, repeal, and add Section 65400 of the Government Code, relating to housing.

Veto message · Oct. 5, 2021

The Governor's message, verbatim.

To the Members of the California State Senate:

I am returning Senate Bill 477 without my signature.

This bill would require a city or county planning agency to include specified information for proposed housing development projects within its jurisdiction in its annual report.

I strongly agree that in order to solve California's housing crisis, we must require more accountability at every level of government. That's why I signed AB 1483 (Chapter 662, Statutes of 2019) to require the Department of Housing and Community Development to develop a data strategy as part of the statewide housing plan - implementation is currently underway and the Department will produce its recommendations in January, on-time.

As HCD continues its work to implement AB 1483, I am directing the Department to consider including data on the effectiveness of various housing laws, as this bill contemplates. Building this analysis into the existing data process is the more appropriate approach to this issue, as opposed to creating a new requirement while the Department is mid-stream on implementing the thoughtful provisions of AB 1483.

As the Department completes this important work, further statutory changes may be necessary to implement any recommendations. I look forward to working with the Legislature next year to enact potential improvements identified by the Department.

Sincerely,

Gavin Newsom

Timeline

  1. Feb. 17, 2021 Introduced
  2. May 28, 2021 Passed Senate 36 yes, 0 no
  3. Sept. 2, 2021 Passed Assembly 71 yes, 1 no
  4. Sept. 9, 2021 Enrolled and sent to the Governor
  5. Oct. 5, 2021 Vetoed by the Governor
Full official history (32 actions)
  1. Feb. 17, 2021 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 18, 2021 From printer. May be acted upon on or after March 20.
  3. Feb. 22, 2021 Art. IV. Sec. 8(a) of the Constitution dispensed with.
  4. Feb. 22, 2021 (Ayes 32. Noes 4.)
  5. Feb. 22, 2021 Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
  6. Feb. 25, 2021 Referred to Com. on HOUSING.
  7. March 2, 2021 Set for hearing March 18.
  8. March 18, 2021 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 553.) (March 18). Re-referred to Com. on APPR.
  9. March 23, 2021 Set for hearing April 5.
  10. April 5, 2021 April 5 hearing: Placed on APPR suspense file.
  11. May 14, 2021 Set for hearing May 20.
  12. May 20, 2021 From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1193.) (May 20).
  13. May 20, 2021 Read second time and amended. Ordered to second reading.
  14. May 24, 2021 Read second time. Ordered to third reading.
  15. May 28, 2021 Passed Senate: Read third time. Passed. (Ayes 36. Noes 0. Page 1283.) Ordered to the Assembly.
  16. May 28, 2021 In Assembly. Read first time. Held at Desk.
  17. June 3, 2021 Referred to Coms. on H. & C.D. and L. GOV.
  18. June 23, 2021 From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 8. Noes 0.) (June 22).
  19. June 24, 2021 Read second time and amended. Re-referred to Com. on L. GOV.
  20. July 1, 2021 From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 30). Re-referred to Com. on APPR.
  21. Aug. 19, 2021 August 19 set for first hearing. Placed on suspense file.
  22. Aug. 26, 2021 From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 26).
  23. Aug. 30, 2021 Read second time and amended. Ordered to second reading.
  24. Aug. 31, 2021 Read second time. Ordered to third reading.
  25. Sept. 2, 2021 Passed Assembly: Read third time. Passed. (Ayes 71. Noes 1. Page 2717.) Ordered to the Senate.
  26. Sept. 2, 2021 In Senate. Concurrence in Assembly amendments pending.
  27. Sept. 3, 2021 Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2377.) Ordered to engrossing and enrolling.
  28. Sept. 9, 2021 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 1 p.m.
  29. Oct. 5, 2021 Vetoed by the Governor: Vetoed by the Governor.
  30. Oct. 5, 2021 In Senate. Consideration of Governor's veto pending.
  31. Jan. 27, 2022 Stricken from file.
  32. Jan. 27, 2022 Veto sustained.