During the 2021 legislative session, the SV@Home Action Fund prioritized advocating for passage of the following bills which were signed into law:
AB 215 (Chiu): State Housing Law Enforcement
Enhances the state’s ability to enforce housing laws that have been passed by the Legislature in recent years, including violations of SB 35 requirements (streamlined ministerial approval for certain housing projects), violations of AB 2162 requirements (streamlining for permanent supportive housing), violations of AB 101 requirements (streamlining for low-barrier navigation centers), and violations of affirmatively furthering fair housing requirements. This bill further authorizes the Department of Housing and Community Development (HCD) to refer local government violations of housing laws to the Attorney General. Finally, the bill clarifies the Attorney General’s authority to independently enforce state housing laws. Bill text can be seen here.
AB 602 (Grayson): Impact Fee Nexus Study
Requires a city, county, or special district to conduct and adopt a nexus study prior to the adoption of an impact fee. The bill further requires, for nexus studies adopted after July 1, 2022, for the fee to be calculated proportionately to the square footage of the proposed units. Bill text can be seen here.
AB 1174 (Grayson): Permit Requirements
Makes several changes to the streamlined, ministerial approval process established by SB 35 (Wiener, Chapter 366, Statutes of 2017) to ensure the law is applied as intended. AB 1174 specifies that the “shot clock” for a development or modifications is paused when a project is sued and clarifies that subsequent permit applications must only meet the objective standards that were in place when the project was initially approved. Bill text can be seen here.
SB 7 (Atkins): CEQA Streamlining Program
Reenacts the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (Act) and expanded the Act’s eligibility to include smaller housing projects, until January 1, 2026. Originally, the Act created some California Environmental Quality Act streamlining provisions, including expedited judicial review procedures for certain residential, retail, commercial, sports, cultural, entertainment, or recreational use projects, that meet specific objective environmental standards. The Act originally sunset January 1, 2021. Bill text can be seen here.
SB 8 (Skinner): Housing Crisis Act of 2019
Extends the sunset on the Housing Crisis Act of 2019 (Act) from January 1, 2025 to January 1, 2030. The Act prevents local governments from downzoning unless they upzone elsewhere, and it stops them from changing the rules for a residential development mid-way through the process once permit application has been filed. Bill text can be found here.
SB 9 (Atkins): Housing Development Approvals
Allows property owners to ministerially add a duplex or split a single-family lot into two and place duplexes on each. The bill allows no more than four housing units on a property currently limited to a single-family house. A proposed project under this new law cannot result in the demolition or alteration of affordable housing or housing that has been occupied by a tenant in the past three years. Properties listed as historic landmarks or those located within a historic district are off-limits for new development. Wetlands, farmland and properties or flooding are also exempt. Local governments can deny a lot split or a duplex if they find a development will have an adverse impact on public health and safety. Bill text can be found here.
SB 10 (Wiener): Planning and Zoning
Authorizes a city or county to pass an ordinance to rezone a parcel for up to 10 units of residential density if the parcel is located in a transit-rich area or an urban infill site. The bill is not a mandate. Bill text can be found here.
SB 290 (Skinner): Density Bonus Law
Makes various changes to Density Bonus Law, including providing additional benefits to housing developments that include low-income and moderate-income for-sale housing units. In addition, this bill awards an additional density bonus incentive or concession to a housing development that makes at least 20 percent of its units available to low-income students. Bill text can be found here.
SB 478 (Wiener): Housing Developments – Floor Area Ratios
Prohibits a local government from imposing a floor area that is more restrictive than 1.0 for a parcel zoned for 3-10 units. The bill would allow a development that includes more square feet of livable area, possibly allowing for 2–3-bedroom units instead of one-bedroom units and allow more efficient use of land. Bill text can be found here.