Senate Standing Committee on Housing
- Aisha Wahab
Legislator
Welcome. I just wanted to highlight a couple of things regarding this Senate Housing Committee today. We have one item on consent. That's File item number nine, SB410 by Senator Grayson.
- Aisha Wahab
Legislator
We are going to start off as a Subcommitee as we do not have quorum, and I would like for our very first presenter to come to the table whenever she is ready. All right, this is File item number one, SB16 by Senator Blakespear. Senator, whenever you're ready.
- Catherine Blakespear
Legislator
Thank you, colleagues. I'm Senator Catherine Blakespear and I'm honored to be here today to present SB 16, which we understand will be amended to include the word unsheltered. How many times have you said or heard somebody say that homelessness is a humanitarian crisis?
- Catherine Blakespear
Legislator
This is such a hackneyed phrase that I cringe when I hear it and I particularly cringe when I say it. What's most galling is that despite our collective rhetoric about the humanitarian crisis, we are collectively failing to address the most basic need of at least 200,000 people in this state, and that is the need to have shelter.
- Catherine Blakespear
Legislator
We all know the data, which is that we need to invest in long term housing. Housing solves homelessness. We need 2.5 million more units in California, at least a million affordable. But these lofty goals are nowhere near being met by either the private sector or the public sector.
- Catherine Blakespear
Legislator
Despite billions of dollars and many, many reforms, this happens year after year. So meanwhile, what are we doing about it? We are complicit in the suffering that we see on our streets.
- Catherine Blakespear
Legislator
We collectively are de facto saying to people that until your forever home is built, we will not provide an indoor space for you because we are not willing to set up the systems that we need for you to be housed.
- Catherine Blakespear
Legislator
Now, tonight, we are allowing the perfect to be not just the enemy of the good, but the enemy of the modest, of the acceptable, of the better than the streets. There are varieties of temporary and interim housing that are easily scalable.
- Catherine Blakespear
Legislator
Non congregate, quick build, dignified, safe, humane, that have much higher success rates of transitioning to permanent housing. The media, and then also as referenced in the committee report is, is fixated on the failures of congregate shelters. When talking about homelessness, news reports focus on reports of mold, shelter, assaults, death. These are all terrible things.
- Catherine Blakespear
Legislator
The committee report subtitled a section, shelters have a poor record of solving homelessness. But what is the street's record of solving homelessness? We know the statistics, which are street homelessness exits to housing at 3%. Congregate shelters exit at 30%, but interim exits at 67%.
- Catherine Blakespear
Legislator
We always need to be asking ourselves when we are criticizing the next step for people away from street homelessness, what is it compared to? We should not compare shelters to someone's forever home. We should compare it to the realistic option that people currently have, which is that tent or that thin blanket or that piece of cardboard.
- Catherine Blakespear
Legislator
The the streets in the canyons and the riverbeds have a poor record of solving homelessness, there's no question. And the threats of violence, sexual assault, theft, mold, leaky roofs are worse on the streets.
- Catherine Blakespear
Legislator
At least temporary housing puts a roof over someone's head, a floor under their feet with a sink to brush their teeth and wash their hands, and a bathroom to use half a dozen times a day. There are also a semblance of rules and enforcement and order. We have to recognize also that voters are fed up.
- Catherine Blakespear
Legislator
I'm fed up. Many of you are fed up. We need to do something differently if we want a different result. More than half of voters express some level of support for arresting homeless people who decline shelter. People have had it with people living in public spaces.
- Catherine Blakespear
Legislator
We need to prioritize having people live inside and not in public spaces. The original version of this bill recognized that counties receive money for the clients that need behavioral health interventions, and these people are frequently in city shelters or in interim housing.
- Catherine Blakespear
Legislator
Counties need to provide those services where the people are and if they are in shelters or in interim housing, they need to be partners.
- Catherine Blakespear
Legislator
The version of this bill that I accept the amendments directs the state to conduct an assessment and develop a long range plan with funding tools for ending the state's unsheltered homelessness crisis in 10 years. We need to focus all efforts on getting to functional zero in street homelessness.
- Catherine Blakespear
Legislator
For the last two years, I've been advocating for the state to really own this problem and to wrap our arms around the solution. This bill, with the inclusion of the word unsheltered, may help us get there.
- Catherine Blakespear
Legislator
And with that, I would like to invite up my two witnesses, if the chair would allow them to come up with me today. I have Micah Weinberg, Policy Director for the New California Coalition, and Elizabeth Funk, the CEO of Dignity Moves.
- Aisha Wahab
Legislator
So each of you guys are going to have about two minutes, so let's be concise. Please state your name, your organization, and then whatever testimony you want to provide.
- Micah Weinberg
Person
My name is Micah Weinberg and I'm pleased to be here on behalf of the New California Coalition to speak in support of the passage of SB 16 by Senator Blakespear as we anticipate it being amended, the New California Coalition is a group of 900 civic and business organizations focused on delivering solutions to the most pressing problems for the people of California in the areas of building housing for all, creating middle class jobs, ensuring the affordability and reliability of water and energy, and ending homelessness.
- Micah Weinberg
Person
This effort moves forward the state's response to homelessness in two critical ways. First, it directs the state and localities to prioritize moving towards functional zero unsheltered homelessness. Our unhoused population increased by again by 3% last year.
- Micah Weinberg
Person
And in contrast to the rest of the nation, fully two thirds of these neighbors and community members of ours are unsheltered, such that we are home to one half of the total unsheltered people in the entire nation. We desperately need to save lives by bringing these people inside. That is rightly our top priority.
- Micah Weinberg
Person
But it is also corrosive to our communities to have massive encampments blocking safe routes to schools, eliminating access to green space for children and people to recreate, and creating conditions, including unsafe street behavior that make neighborhoods unlivable and are destroying downtown business districts. We need to end the era of encampments.
- Micah Weinberg
Person
This sad situation primarily stems from the incredibly complex set of funding sources in this area and the lack of clear lines of responsibility and accountability. There's far too much finger pointing among different levels of government when the truth is that we have all create contributed to creating this problem.
- Micah Weinberg
Person
So the second critical thing the bill does is develop a plan that has clear lines of responsibility and accountability and begins to untangle the complex web of unnecessarily complicated and overlapping programs and efforts that add up to vastly less than the sum of their parts.
- Micah Weinberg
Person
We cannot measure our success in numbers of dollars spent or number of people served. We need to be measuring our progress exclusively through getting people off the streets and into housing and and shelter for their sake and for the sake of their communities. We appreciate your consideration on this bill and ask for an I vote.
- Elizabeth Funk
Person
Good morning. My name is Elizabeth Funk. I'm the co founder and CEO of Dignity Moves, a nonprofit focused specifically on ending unsheltered homelessness. I'm here today as a proud sponsor of SB 16, as amended. SB 16 is the courageous new direction we've all been waiting for. For too long, we have built programs that improve or make progress on homelessness.
- Elizabeth Funk
Person
Those vague and scattered efforts have cost us billions. Yet the problem keeps getting worse. It's time to be bold. And ask, what would it take to end the problem completely with real analytical data? Let's start with a finish line, then work backwards to determine what it would take to get there.
- Elizabeth Funk
Person
When you name a problem and scope its magnitude, you're more than half the way to solving it. There is a finish line, a quantifiable goal that all stakeholders can now work towards together.
- Elizabeth Funk
Person
I can tell you from experience that when governments finally dare to utter the audacious words like ending unsheltered homelessness, the public and philanthropic sectors emerge as partners like never before imagined. We are all dying for that kind of courageous leadership. SB 16 marks courageous leadership in another way.
- Elizabeth Funk
Person
It dares to start with unsheltered and chronic homelessness that's been taboo in the past because our idealism wants to end the housing crisis completely, which we need to do because only permanent housing is a valid use of taxpayer dollars. In that view, there's only one problem with that.
- Elizabeth Funk
Person
Well, nationally, it costs less than $300,000 to build a unit of permanent housing. In California, it's double that, well over 600,000 at best. The result is on our streets. Half of the nation's unsheltered are here. Today, for every one person successfully exits the system to permanent housing, another three fall into homelessness.
- Elizabeth Funk
Person
It doesn't take a mathematician to see that doesn't work. And allowing people to languish on the streets while waiting for that elusive permanent housing inflicts trauma that is irreversible and devastating. We hear bad things about shelters, but we're not talking about shelter.
- Elizabeth Funk
Person
Dignity Moves builds interim housing, which is safe, dignified private quarters where people can rebuild their lives. I respectfully request that you support this SB 16, as amended.
- Lewis Brown
Person
Good morning, Chair Wahab, members of the committee, and Senator Blakespear. My name is Lewis Brown Jr. I am with the Corporation for Supportive Housing. We're a national nonprofit organization working to end homelessness. We just want to say that we agree with the committee's analysis.
- Lewis Brown
Person
While shelters should and do have play an important role in our homelessness response systems, research shows that they do not end homelessness. Shelters should be a part of an overall mix of homelessness interventions along with permanent housing, which research shows ends homelessness.
- Lewis Brown
Person
We are very excited about the direction of the amendments that the committee has proposed and that Senator Blakespear is accepting.
- Lewis Brown
Person
As we understand it, the amendments would require a statewide needs assessment to determine exactly how many shelters we need, how much interim housing we need, how much permanent housing we need, which, as my colleague said before, is a critical starting point to solving our homelessness crisis in California.
- Lewis Brown
Person
So we'd like to commend the committee for the amendments as well as Senator Blake Speier for accepting them. Thank you.
- Caroline Grinder
Person
Good morning, Chair. Members. Caroline Grinder, on behalf of the League of California Cities, we have an opposed unless amended position on SB 16. We really appreciate the Committee amendments and our ongoing productive conversations with the author's office. And we do feel the committee amendments are a really meaningful step in the right direction towards addressing our.
- Caroline Grinder
Person
Our concerns, but do have some recommendations on how we can make the bill more equitable and aligned with existing state processes. Currently, SB 16 places additional reporting requirements through the housing element on all but 14 cities, specifically targeting those that do not receive direct state homelessness funding.
- Caroline Grinder
Person
However, we, we do believe that we're, you know, the committee amendments definitely help alleviate. Alleviate small cities of the administrative burden that we believe they would have faced with the original draft of SB 16. However, we.
- Caroline Grinder
Person
Rather than imposing a separate and unequal process on smaller cities that don't receive state funding, we think we can align the proposal with a process that's already in place for larger cities. Currently, cities that do not receive HAPP funding are encouraged but not required to take part in HAPP regional planning.
- Caroline Grinder
Person
Cal Cities is requesting amendments that would require smaller cities to have a seat at that table during the regional planning process. And we think this would achieve our shared goals of increasing transparency outlined in the bill through a process that's already in place for California's largest cities.
- Caroline Grinder
Person
So we respectfully urge the adoption of amendments that would create consistency with that existing process and ensure that we are not, you know, placing additional burdens on our smaller communities. But we really appreciate the continued dialogue. Look forward to continuing to work with the Senator on those concerns.
- Aisha Wahab
Legislator
Thank you. I'm going to now ask up any support or opposition. Me toos. Please state your name, your organization, and whether you support this or oppose this. Thank you.
- Moira C. Topp
Person
Thank you, Chair and Members. Moira Topp here on behalf of the City of San Diego in support.
- Natalie Spivak
Person
Good morning, Chair and Members. Natalie Spivak with Housing California and on behalf of the National Alliance to End Homelessness. We are currently in an opposed position. But appreciate the author working on amendments. And look forward to reviewing them and hope we can move to a support position. Thank you.
- Justin Garrett
Person
Justin Garrett with the California State Association of Counties. Also, on behalf of the County Welfare Directors Association, the County Behavioral Health Directors Association, and the Rural County Representatives of California. We are opposed to the language in print. However, we thank the chair and the author for the different direction with this.
- Justin Garrett
Person
Legislation and look forward to removing our opposition once in print. Thank you.
- Joshua Gauger
Person
Josh Gauger on behalf of the Urban Counties of California, we will also be removing our opposition with the amendments discussed in the analysis. Thank thank you very much.
- Rachael Blucher
Person
Hi, Rachael Blucher with Nielsen Merksamer here on behalf of the County of San Diego, currently in an opposed position, but appreciate the committee analysis, the author's willingness to address our concerns and anticipate being in a similar position removing opposition once we receive the amendments. Thank you so much.
- Nicole Wordelman
Person
Nicole Wordelman on behalf of San Bernardino County in respectful opposition to the bill in print and hopefully about removing opposition. Thank you.
- Louis Morante
Person
Luis Morante with the Bay Area Council in strong support. Thank you.
- Aisha Wahab
Legislator
Thank you. Do we have any other me toos in support or opposition? Seeing none. We're going to move to committee. Comments?
- Christopher Cabaldon
Legislator
First, I want to thank the author for bringing the bill, including in its original form, to the, to the legislature and for saying some of the quiet part out loud about how communities are grappling with these issues and how challenging they are and how much we need direct real action and, and that simply planning for the most optimal, as you say, the forever homes outcome is not, is not sufficient.
- Christopher Cabaldon
Legislator
I do appreciate the amendments that have been worked with the committee, but I say that with some skepticism. This will be, I think, the fourth, no, the third, I'm not old enough the third consecutive 10 year effort to get to zero homelessness in this case on sheltered that I've been a part of, all with the same outcomes.
- Christopher Cabaldon
Legislator
So I know, you know, you didn't oversell what the amendments do and I appreciate that. But we're not, we're not one more data element away from solving homelessness. We're not one more collaboration from solving homelessness.
- Christopher Cabaldon
Legislator
And it can become very facile for us when we get to really difficult, challenging moral and implementation questions on the street to simply step back and say, well, could we at least all agree to collaborate and meet again next month? And so that's my biggest worry.
- Christopher Cabaldon
Legislator
And chairing the budget subcommitee that oversees the Interagency Council and the other efforts that the state is undertaking.
- Christopher Cabaldon
Legislator
We are much better at collaborating and planning and thinking and imagining and congratulating ourselves for our support exclusively of evidence of what we say are evidence based and research practice, research based practices that are not born out in the empirical evidence on the street. And so I'm supportive of this.
- Christopher Cabaldon
Legislator
I think we do need to continue to focus on what your original intent was.
- Christopher Cabaldon
Legislator
I didn't agree with the mandate with respect to counties specifically on the shelter funding and that sort of thing, but just because that wasn't necessarily the right instrument, it is clear to me, reviewing the HAPP applications and awards that have been made by the state, that in many cases our local collaborations are they are defaulting to strategies that are neither shelter, housing services or enforcement.
- Christopher Cabaldon
Legislator
They're none of the strategies that I know as a mayor where we cut unsheltered homeless by half and maintain that level for 10 years, that those are the things that we and Californians know need to be done.
- Christopher Cabaldon
Legislator
And we've invested too much in planning and collaboration and lens studies and other sorts of things that, while valuable, are not what are going to solve the problem tonight, next month or the year after that. So I hope you will continue to work on that dimension of increasing our hard actions.
- Christopher Cabaldon
Legislator
And we do need, as the Governor has called for, much more specific accountability for action on these regional plans. So I support that. I I'm going to break with the League of Cities on this.
- Christopher Cabaldon
Legislator
I don't think that I think it was described as making sure that small cities have a seat at the table for these regional for the regional action plan. That's not how I read the letter. The letter was require small cities to take a seat at the table whether they want it or not.
- Christopher Cabaldon
Legislator
And coming from a I don't I think under this definition, which is everybody but the big city, the really big cities, coming from being mayor of a small city, we had to make a choice.
- Christopher Cabaldon
Legislator
Are we going to invest our resources, our attention, our political capital, our hard cash in the specific solutions or are we going to spend are we all going to go to another, yet another meeting of the interagency, you know, county wide? We did both.
- Christopher Cabaldon
Legislator
But that's not the answer here is not to make every tiny city show up at a regional meeting that they may not be able to contribute to and that they have very limited bandwith. So I don't think that that approach is the right one in this particular case.
- Christopher Cabaldon
Legislator
So I would while I appreciate the leagues standing up for small cities, I don't think that's in their interest and it's not going to help advance the work.
- Christopher Cabaldon
Legislator
What we need are folks at the table who have the resources, the commitment, the imperative and the urgency to actually take action and not composing a table of people that we think need to be present in order to wax philosophic about it. And so appreciate your work on this.
- Christopher Cabaldon
Legislator
Appreciate the committee and the chair's efforts to try to align this with state policy. And I'm going to support the bill today and help here and in the budget process to try and make sure that we're able to deliver on the promise that the bill is making. Thanks.
- Aisha Wahab
Legislator
So, Senator, I just want to confirm you said in your statement, but you do accept amendments, correct?
- Catherine Blakespear
Legislator
As we already have plans for ending homelessness. This is specific to unsheltered homelessness. Okay.
- Aisha Wahab
Legislator
And you accept the amendments? Okay, thank you. We do not have quorum yet, so we are not going to be able to vote on it. So I just wanted to appreciate your work and obviously all the work of the stakeholders involved and thank you for your time.
- Catherine Blakespear
Legislator
Thank you. So I appreciate the comments of Senator Cabaldon and the through line to what he's saying is something that I 100% agree with, which is that we need more action and less talking and less studying and less convening and more actual action that provides actual beds for people to sleep in at night instead of sleeping outside.
- Catherine Blakespear
Legislator
And so my plea is for the committee consultants, for the chair, for the advocates in the room, for people watching on TV, for all of our colleagues to be willing to make those hard commitments, to do the hard thing.
- Catherine Blakespear
Legislator
And, and I think that this bill in its first committee has become a goal setting bill and that is important, but it is important that we do so much more than that.
- Catherine Blakespear
Legislator
And so I just, I really want to amplify the comments of the good senator from West Sacramento coming from being a mayor, as I do as well, to recognize that we do have a lot of talking and we need the more action.
- Catherine Blakespear
Legislator
And I hope that together we can all focus on that as the next generation of the hard bills and the choices about how we spend state resources, which of course is taxpayer money ultimately on solutions. So with that I respectfully ask for your I vote. And thank you again, Chair, for the consideration.
- Timothy Grayson
Legislator
Waiting for the door to close. Ready? Housing Committee. We are going to hear from an author just so happens to be the Chair. Item number 13, SB681 6. I'm sorry about that. 625 Chair Wahab.
- Aisha Wahab
Legislator
Thank you. SB625, which is part of the Golden State commitment package, will ensure Californians who lose their homes in disasters are able to return and rebuild their home as well as their community overall. In the first month of 2025, major wildfires burned more than 50,000 acres.
- Aisha Wahab
Legislator
The Eden and Palisades fire alone destroyed or damaged more than 18,000 structures including homes, small businesses, schools and places of worship in the Los Angeles County area. Prior to the wildfires, the Los Angeles region already suffered from an acute housing shortage.
- Aisha Wahab
Legislator
SB 625 helps residents impacted by wildfires and other future disasters stay in their communities by streamlining the local approval process for homeowners seeking to rebuild a home that is substantially similar to the home they lost. Californians who lose their home in natural disaster face immense financial hardships in addition to the emotional trauma associated with their loss.
- Aisha Wahab
Legislator
The ability of homeowners to quickly rebuild their property will allow them to remain in their community and alleviate states housing shortage. That is all.
- Timothy Grayson
Legislator
Thank you very much. Are there lead witnesses? No lead witnesses. Any in support? Any in support? Seeing none in support. Witnesses in opposition? You have. You have two minutes. Take your time for two minutes.
- Louis Brown Jr.
Person
Good morning, Mr. Chair, Members of the Committee, Louis Brown here today on behalf of the Community Associations Institute California Legislative Action Committee. I want to first express our appreciation to the author and her staff for meeting with us. We do have an opposed unless amended position on the bill.
- Louis Brown Jr.
Person
We've shared language with the authors staff and on Section one of the Bill we really think it's more just technical in nature and really trying to make sure that the language that's used in Section one is consistent with the Davis Sterling Act.
- Louis Brown Jr.
Person
And so we're asking for some of that language and I think we're close to agreement on that and ensuring that when we do talk about something that's similarly reconstructed, that in fact that is what the statute says. The second section of the bill is, talks about streamlined reconstruction.
- Louis Brown Jr.
Person
And our biggest concern with that is while this is trying to be similar to existing statute for local governments, we are talking about homeowners associations. These are not local governments. They do not have the same level of staff, they do not have the same level expertise to deal with reconstruction in such a short period of time.
- Louis Brown Jr.
Person
Now I think we've agreed to lengthen the period of time in Section two beyond 15 days. But our preference would be that that section of the bill actually be restricted and limited to rebuilding and reconstruction situations in emergency situations, which is what the first part of the bill is actually talking about.
- Louis Brown Jr.
Person
And so if both sections of the bill were related to reconstruction and emergency situations and then the technical issues are fixed, I think that would address most of our current concerns. Again, having very productive conversations with the Senator and her staff. Look forward to continued conversations. Thank you.
- Timothy Grayson
Legislator
Thank you very much. Any other comments or those in opposition, please step forward. Seeing no others in opposition. Bring it back to the Committee. Any comments or questions? Seeing no comments or questions.
- Aisha Wahab
Legislator
Would you like to close SB 25625 will promote housing stability and community resilience in the aftermath of a devastating disaster. Respectfully ask for an aye vote. Thank you.
- Timothy Grayson
Legislator
Thank you. We'll do that at the appropriate time. We establish a quorum. Thank you.
- Aisha Wahab
Legislator
The Senate Housing Committee is going to go into recession. Thank you. Senate Housing is going to reconvene.
- Aisha Wahab
Legislator
All right, so as we are waiting on Members both to present and to do their job on the Committee, we're going to move on to file item 11 by Senator Durazo. SB838. Senator, whenever you want to begin.
- MarĂa Elena Durazo
Legislator
Okay, thank you. Madam Chair and Members, I'm here to present SB838, which protects the integrity of the Housing Accountability Act. The purpose of the HAA is to accelerate housing production, not to streamline the development of hotels and resorts.
- MarĂa Elena Durazo
Legislator
Recently we've seen a trend of developers using housing streamlining laws to build hotels and resorts, sometimes in areas where it wouldn't otherwise have been allowed. In some cases, hotel components have been added late in the process and has reduced the original number of housing units proposed, as seen in recent projects in Beverly Hills and Santa Monica.
- MarĂa Elena Durazo
Legislator
Hotel proposals have also been advanced in sensitive areas where local zoning prohibits them, including fire prone locations like the Sonoma Developmental center and the Mountain Winery in Saratoga. These uses divert limited land that could otherwise be used for permanent homes and push Californians, especially low wage workers, farther from where they work.
- MarĂa Elena Durazo
Legislator
It shifts the focus of the HAA away from housing and risks weakening public trust in the housing laws this Legislature has passed. Hotels also carry ongoing operational impacts like parking, demand and traffic that make them more appropriate for standard local review. SP838 removes transient lodging from eligibility under state housing streamlining laws.
- MarĂa Elena Durazo
Legislator
The bill applies to new projects or projects in review after January 1, 2025. It does not prohibit hotels from being included in mixed use projects. It simply ensures that those components go through a local review process. And here with me, my witnesses are Matt Broad. I'm sorry.
- Aisha Wahab
Legislator
Thank you, Madam Chair. Thank you. Each of you guys will have two minutes. Okay?
- Matthew Broad
Person
Thank you, Madam Chair and Members. Matt Broad here on behalf of Unite Here, proud sponsors of SB838. This bill is all about closing the loophole that has inadvertently encouraged the development of hotels under affordable housing streamlining laws.
- Matthew Broad
Person
We really started to see this in 2024 with the emergence of projects across the state with the mixed use hotel component. The HAA has been around for 50 plus years. Mixed use projects with commercial element are intended for a community serving purpose like retail grocery stores, et cetera.
- Matthew Broad
Person
And so this bill just clarifies that a mixed use project with a hotel component doesn't get streamlining in part to encourage other forms of mixed use commercial projects that are more community oriented. I'd also point out that hotels have uniquely intense land use qualities.
- Matthew Broad
Person
For example, if you have a hotel with 150 rooms, you have 150 showers, 150 toilets, corresponding traffic. So a city may very well decide it needs hotels in a designated zone.
- Matthew Broad
Person
And finally, to be clear, this bill in no way precludes or prohibits hotel development, but rather make sure hotels are not being streamlined and are subject to regular zoning rules with local input. So with that, I urge your Aye vote.
- Wascar Castro
Person
Thank you. Let me pull this a little closer. Madam Chair Members, my name is Wascar Castro. I'm the Director of Housing and Transportation justice with Working Partnerships USA and we work primarily in San Jose Santa Clara County and we have a project that really highlighted our need to voice our support for this bill.
- Wascar Castro
Person
Working Partnerships is Silicon Valley based community group that tackles the root causes of inequality and poverty by leading collaborative campaigns for quality jobs, healthy communities, equitable growth and housing and land justice. We're proud to support this bill.
- Wascar Castro
Person
SB838 by Senator Durazo this bill is crucial in ensuring that California's housing streamlining laws remain focused on their original intent facilitating the development of affordable housing for our rest residents not expediting hotel construction California is grappling with severe housing crisis in 2023. Approximately 181,000 Californians experience homelessness, with nearly 90,000 living without shelter.
- Wascar Castro
Person
The state's recent legislative efforts were designed to address this crisis by streamlining the approval process for affordable housing projects. These laws aim to reduce the regul regulatory barriers, promote housing near transit, and provide incentives for various housing types that include senior and student housing. These are worthy goals that we have supported in many facets.
- Wascar Castro
Person
However, there's growing concern that the benefits of streamlining laws are being extended to hotel developments. This shift diverts resources and attention away from building homes for Californians in need for hotels, which are beneficial for tourism, but do not address the pressing need for permanent affordable housing that exists immediately.
- Wascar Castro
Person
SB838 seeks to rectify this by clarifying the streamlined approval processes are intended solely for housing projects. By doing so, we ensure that our policies remain aligned with the goal of providing safe, affordable homes for our communities. When thinking about the quality of the project, it's always important to weigh the ancillary community benefits.
- Wascar Castro
Person
In other words, what else are you bringing to surrounding communities? By clarifying the HAA with respect to hotel projects, we're incentivizing developers who want benefits of streamlining to focus desperately needed housing and in the case of mixed use projects to include grocery stores and retail. For these reasons, support an Aye vote thank you sir.
- Aisha Wahab
Legislator
Thank you. Really appreciate it. We're going to ask for lead opposition witnesses. Seeing none, we are going to move on to #Metoos both in support or opposition. Please state your name, your organization and whether you oppose or support the bill.
- Elmer Lizardi
Person
Good morning Chair Elmer Lizardi on behalf of The California Federation of Labor Unions in support. Thank you.
- Maria Flores
Person
Maria Flores here on behalf of Inclusive Action for the City and support.
- Aisha Wahab
Legislator
So we're going to move on to Committee Members. Seeing no comments there. Senator, would you like to close?
- Aisha Wahab
Legislator
So this bill is still going to be, you know, talked about a little bit later. We'll take it on. I am going to move on to our next senator to present file item 4, SB 543 by Senator McNerney. Senator, whenever you want to begin.
- Jerry McNerney
Legislator
Thank you and good morning Chair, members of the committee, I'm here today to present SB 543 for which is a cleanup bill that will clarify existing laws with regard to accessory dwelling units or ADUs and junior ADUs. Because of previous ADUs laws approved by this committee, ADUs now compromise the fastest growing sector of California's housing market.
- Jerry McNerney
Legislator
ADUs now have one in four of every new home. As an ADU, upwards of 25,000 ADUs and junior ADUs are built every year. However, some of the laws governing ADUs and Jr. ADUs contain confusing provisions.
- Jerry McNerney
Legislator
The Department of Housing and Community Development, or HCD, has circulated interpretations of these provisions in an effort to ensure the statutes are applied consistently across the different jurisdictions. However, some local agencies still reject HCD's interpretations in favor of their own, and this results in conflicts over fees, permitting timelines and other aspects of home building processes.
- Jerry McNerney
Legislator
According to HCD, over 50 local governments have incorrectly applied state laws for ADUs and Jr. ADUs. SB 543 cleans up existing state laws governing ADUs and Jr.
- Jerry McNerney
Legislator
ADUs to eliminate confusion and conflicts at the local level, including clarifying that local governments have 15 business days to conduct an initial review of the ADU permit application so that home builders have time to fix errors in their applications. Also, the size, safety and density standards for ADUs and junior ADUs.
- Jerry McNerney
Legislator
With this standard, simple fixes, local governments across the state can follow a cleaner process for permitting ADUs and junior ADUs without falling into unnecessary conflicts and confusion. My witness this morning is Jonathan Pacheco Bell, Vice President of Policy and Programs at Casita Coalition. Thank you, sir.
- Jonathan Bell
Person
Thank you. Good morning. My name is Jonathan Pacheco Bell. I'm the Vice President of Policy and Programs at Casita Coalition. We're a statewide nonprofit that removes barriers to building smaller, more affordable homes. My background is in local agency planning and code enforcement.
- Jonathan Bell
Person
From over a decade of inspection experience, I know the challenges of navigating code compliance on the ground. I've seen both homeowners and municipal planning staff struggle to work with complex codes that lack clear intent. Casita Coalition is sponsoring SB 543 to add much needed clarity and consistency in the law.
- Jonathan Bell
Person
Statewide, local agencies are encouraging more ADUs and JADUs to meet urgent housing needs. But California is a big state. Some jurisdictions increase inconsistently interpret ADU permitting requirements, resulting in uneven approvals and confusion that falls the hardest on small builders, homeowners of modest means, and renters in need of affordable housing.
- Jonathan Bell
Person
SB 543 will clarify frequently confused points so the intent of state law is clear. SB 543 will standardize application review timelines, potential fee in positions and size, and safety standards for ADUs and JADUs so they're uniform for all local jurisdictions.
- Jonathan Bell
Person
This is a simple cleanup bill that provides clarity and consistency to help our community members, our local agency planning staff and small builders use state laws as intended. For these reasons, Casita Coalition urges you to vote yes on SB 543. Thank you.
- Aisha Wahab
Legislator
Thank you. We're going to move on to lead opposition witnesses. Seeing none, we're going to move on to me toos both in support or opposition. Please state your name, your organization, and whether you support or oppose.
- Aisha Wahab
Legislator
Thank you. So we do not have a quorum still, so committee members, would you guys like to comment? Seeing none. Senator, would you like to close?
- Jerry McNerney
Legislator
Sure thing. Basically, we have a housing crisis in California. Anything we can do to facilitate construction of new units I think is going to be beneficial. ADUs is growing very quickly the ADU use. And if we can help local jurisdictions understand what the requirements are, this process will move forward more quickly.
- Jerry McNerney
Legislator
With that, I ask for an I vote and I thank the senate for their indulgence.
- Aisha Wahab
Legislator
Are you ready? All right. The Senate Housing Committee will reconvene. Here's fine. All right, we're going to start off again with file item number two, SB 79 by Senator Wiener.
- Scott Wiener
Legislator
Thank you very much, Madam Chair and colleagues here today to present Senate Bill 79, which will authorize more housing near our highest quality, highest capacity public transportation stops. It's been a long time since I presented in this in this very noisy room.
- Scott Wiener
Legislator
I'm here today to present SB 79, which will authorize more housing near our highest quality public transportation stops, high frequency rail, light rail, bus, rapid transit and ferries. Colleagues, we talk a lot about where we don't want to build new housing and we need to talk more about where we do want to build more housing.
- Scott Wiener
Legislator
And if we're not going to build a lot of housing near our very best public transportation, where on earth should we be building it? With all of the negativity about this bill in the analysis and by opposition, I hope we can take a breath and look at the big picture.
- Scott Wiener
Legislator
We should absolutely be focusing a lot more housing around our very best public transportation. That's how we build more homes and walkable communities and reduce transportation related emissions. It's how we build in some of the most high resourced areas of the state, including in my own city. And that's how we give people more access to transit.
- Scott Wiener
Legislator
That's how we build housing of all kinds, including both market rate and below market rate. It's how we reduce congestion. Although we have made progress around transit oriented development, the reality is that many high quality transit stops in California continue to restrict or entirely ban multifamily housing in surrounding areas.
- Scott Wiener
Legislator
It's true in San Francisco, it's true in other parts of the state. It's completely unsustainable. It limits who can access transit and it harms our transit systems by effectively capping ridership. California should catch up to some of the states that have required more more transit oriented development near high quality transit, including Utah, Colorado and Massachusetts.
- Scott Wiener
Legislator
To accomplish this, SB 79 sets standards in areas close to our best transit based and it depends on how high quality the transit is and how close to the transit station it is.
- Scott Wiener
Legislator
Cities also have the ability to submit an alternative plan that produces the same amount of housing, but does so in a way that works for that community. This is absolutely a form of local control.
- Scott Wiener
Legislator
Contrary to the arguments in both the analysis and opposition, which I'll discuss In a bit, SB 79 does not in any way undermine the creation of below market rate affordable housing that is simply made up. It's quite to the contrary, because land that is currently zoned low density is inherently off limits to affordable housing. That's the status quo.
- Scott Wiener
Legislator
By upzoning these areas, SB 79 makes it actually possible to build affordable housing on this land. This is a pro affordable housing bill. Nor will SB 79 fuel displacement. It contains specific anti displacement protections borrowed from SB 330. In addition, because these parcels will be eligible for SB 423, the anti displacement provisions in that law will apply.
- Scott Wiener
Legislator
SB 79 also helps to deal with a very real issue in California, which is that we do not adequately adequately fund our public transit systems or give them the tools to sustain themselves and succeed. And as a result many are struggling.
- Scott Wiener
Legislator
We know that transit systems around the world that are cheap to ride and reliable and clean and efficient, they in addition to getting tax dollars, they are frequently allowed to control land use around them. And so we give them a limited version of that in this bill to be able to sustain themselves.
- Scott Wiener
Legislator
I also, and this is awkward to say, but I do need to talk about the analysis, which I normally don't do, but I feel the need to do it here because the analysis was extremely negative about the bill. A bill that's supported by a massive coalition of respected organizations.
- Scott Wiener
Legislator
I say this with all respect to the chair and also to the committee and its exceptionally talented staff. I have very rarely, in my now nine years in the senate, very rarely come into a committee hearing in disagreement with the chair. When I was chair for seven years of different committees, no fights in committees.
- Scott Wiener
Legislator
We always worked it out and I have overwhelmingly been able to work it out. Unfortunately here there are no proposed amendments other than to delete the bill. And reading the committee analysis is just an avalanche laundry list of 10,000 things that are supposedly wrong with the bill.
- Scott Wiener
Legislator
Reading the analysis, there's apparently not a single thing in the bill to be liked. It liberally quotes from opposition without quoting anything from the supporters. It reminds me of for those who watch the Simpsons, the episode where Marge Simpson's aunt comes to Thanksgiving dinner and walks in and says, I have laryngitis. It hurts to talk.
- Scott Wiener
Legislator
I'm only going to say one thing. Everything you do is wrong. That's what I took away from this analysis. I don't take it personally, but that's what I took away. I don't pretend to be perfect and I will never say that any bill I introduce is perfect and especially a big complicated bill.
- Scott Wiener
Legislator
And I'm not the only Member of the legislature who does that. Many members do. The chair certainly does that. And you come to your first committee and there's work to be done and so different issues that need to be handled and negotiated and worked over and amended. And that's what the committee process is for in this committee.
- Scott Wiener
Legislator
The chair, which she has every right in the world to do so I'm not criticizing, has decided to simply oppose the bill instead of asking for amendments. That's the chair's prerogative. But that means that all of these issues that normally we would work on in committee are not getting worked on in this committee.
- Scott Wiener
Legislator
And I ask that I be allowed to continue to work on this bill. This is a bill that has very broad support, which you can see from the support list, and very diverse support.
- Scott Wiener
Legislator
You know, specifically, the analysis amplifies what I think is a debunked argument that building market rate homes somehow leads to out migration market rate homes where probably 98 or 99% of Californians currently live in market rate homes. That's contradicted by an avalanche of research which shows that it's the failure to build housing that pushes people out.
- Scott Wiener
Legislator
The analysis criticizes the bill for allowing developers to build small units. It then pivots to criticize the bill for allowing developers to build large units. So which is it? I think we should do less hand wringing and micromanaging about what kind of housing people build and just let people build housing. That's how we solve our housing shortage.
- Scott Wiener
Legislator
The analysis criticizes the bill on affordability, but ignores the fact that low density zoning, which is the current status quo around so many major transit stops. Low density zoning means zero affordable housing because it's either single family or too low density to even trigger an inclusionary affordability ordinance.
- Scott Wiener
Legislator
And you certainly can't build 100% affordable housing in low density by upzoning. SB 79 allows sites to actually pencil for 100% affordable housing, triggers inclusionary local inclusionary requirements and because it makes the parcels eligible for SB 423 streamlining, it triggers the affordability requirements in that bill.
- Scott Wiener
Legislator
So to criticize this bill around affordability, I think with all respect is not a valid criticism. The analysis also amplifies made up concerns about create about creating a new CEQA exemption, which is just not the case. In order, these projects will all go through either SB 423 streamlining or through the normal CEQA discretionary process.
- Scott Wiener
Legislator
So all of the labor and environmental standards in SB 423 will apply otherwise It'll be the normal, traditional process. So I, and again, I know I'm, you know, being critical of the analysis and that's a democracy. We all get to have our views. But I think it's important to mention these things given the dynamic in this hearing.
- Scott Wiener
Legislator
I do want to note something the committee said in the analysis with which I fully 100% agree that we have a severe housing shortage, a big one, and it's driving low income and working class people out of California. Housing bills do not drive people out. The shortage that we're trying to solve, that's what drives people out.
- Scott Wiener
Legislator
We're trying to help end that. The legislature has worked for the last decade to try to end that shortage and I'm proud of that work. The analysis correctly notes that California's housing production has gone up in recent years. That's a good thing, but it's not nearly enough.
- Scott Wiener
Legislator
It still falls far short of what we need to make California affordable for all sorts of families of different income levels to stop the out migration of working class people and to put an end to the situation where Texas and Florida are eating our lunch.
- Scott Wiener
Legislator
When it comes to building housing that people can afford, it shouldn't be the case that you have to go to Texas or Florida to afford housing. You should be able to afford housing here. And we need to build enough housing to make that possible so that we don't keep losing seats in Congress, which we're going to do.
- Scott Wiener
Legislator
We're going to decimate it in the next census because we have failed so badly on housing that we have an out migration and we're going to pay the price for that. SB 79 represents a good faith step forward to address our housing and climate challenges.
- Scott Wiener
Legislator
First committee, I am asking for the opportunity to continue to work on this bill. There is no big bill that's perfect. In its first committee, various issues have been raised that I'm happy to continue to work on and I respectfully ask for an I vote.
- Scott Wiener
Legislator
With me today to testify are Sergio Lopez, the mayor of Campbell and Kristen. Excuse me. Kirsten Bladh, the Associate Director of State Policy at Streets for All, is also a certified land use planner. So thank you very much.
- Aisha Wahab
Legislator
Thank you. I'm gonna state that each of the speakers will have two minutes and you will be timed. Thank you.
- Sergio Lopez
Person
Thank you. Madam Chair and Centers. Thank you very much. My name is Sergio Lopez. I'm a mayor, transit agency chair, and son of immigrants. I come from a proud working class union family. After facing housing insecurity growing up, facing foreclosure and the loss of our family home.
- Sergio Lopez
Person
I entered public service to fight to ensure that no other family would have to endure what mine did. First and foremost, that has meant fighting our housing affordability crisis, which has only grown more severe. I have the honor of serving as mayor of my hometown of Campbell, and we're a proud pro housing city.
- Sergio Lopez
Person
For this housing element cycle, we set a housing target nearly double that allocated to us. And we have aggressive but common sense affordability requirements ensure a balance between production and affordability. This is a balance that SB 79 strikes by prioritizing production while deferring to our local affordability standards.
- Sergio Lopez
Person
And we've been a good faith actor and exponentially increased our housing and homelessness programs over the past few years. But in spite of all that, we know that we can't tackle this problem alone. And it will take partnership with the state and bills like SB 79. I also have the honor of chairing VTA, Silicon Valley's transit agency.
- Sergio Lopez
Person
And along with moving Santa Clara county, we have been a leader in innovative transit oriented development. SB7 9 will help us meet our goal of scaling up to thousands of new homes, including thousands of affordable ones. Every single VTA housing project includes a project labor agreement. And SB 79 will help us do more of these.
- Sergio Lopez
Person
Faster transit agencies like ours can show what's possible in housing, jobs and mobility. Our plan together. And as someone who's working at the ground level to deliver results for our residents, I also see the limits of what local leadership can achieve on its own.
- Sergio Lopez
Person
The problem is bigger than any one city, and the cities that are stepping up like mine, shoulder too much of the burden while some of our neighbors avoid responsibility. But the housing shortage crosses city, county and regional lines.
- Sergio Lopez
Person
And that's why we need courageous leaders at every level of government to step up to the task of solving our housing crisis. And we know what the solution is. More housing. SB 79 gives us important tools to meet demand without waiting on cities that refuse to act. And importantly, it avoids the trap of overly prescriptive standards. Thank you.
- Kirsten Bladh
Person
My name is Kirsten Bladh, and I'm the Associate Director of State Policy for Streets for All. Streets for all is co sponsoring SB 79 because we believe it is not just a housing bill, but actually one of the most important transportation and climate bills of the year.
- Kirsten Bladh
Person
Because the failure of our cities to build enough housing is devastating our transit systems. Thousands of Californians are being priced out of urban centers and forced to move to places that are more affordable but where transit is scarce or non existent.
- Kirsten Bladh
Person
Nowhere is this clearer than in LA where I live and where Victorville, a town in the Mojave Desert, now has more residents than Pasadena.
- Kirsten Bladh
Person
Pasadena, a city with six Los Angeles Metro rail stations, is actually losing population, while Victorville, where the only rail service is a single Amtrak train per day, is one of the fastest growing cities in the state.
- Kirsten Bladh
Person
When we push people from transit rich cities to the suburbs and rural towns, we increase congestion and emissions in those areas and pave over prime farmland. In fact, we're on track to lose 13,000 agricultural jobs by 2040. And it's not because of Trump's tariffs, it's because rural areas are bearing the brunt of housing demand.
- Kirsten Bladh
Person
Every time someone who wants to live in our cities near transit is priced out, we are failing that person, we are failing the climate and we are failing our transit systems who struggle to grow ridership while our transit stations are still surrounded by parking lots, strip malls and expensive one story homes.
- Kirsten Bladh
Person
When LA's Purple Line extension opens later this year, the cost to ride it will not just be the $1.75 fare, it'll be $3 million because that's the average sale price of a home within walking distance of the new Wilshire La Brea station.
- Kirsten Bladh
Person
And if you're a renter of any income level, then you're shut out of the area almost entirely.
- Kirsten Bladh
Person
By mandating low density sprawl around transit stations, cities have capped how many people are even able to live near a station, let alone afford to. Streets for All believes that anyone who wants to live in our cities near transit should be able to do so, and SB 79 will make that possible. Thank you I urge your I vote.
- Aisha Wahab
Legislator
Thank you right at time too, so appreciate that. Could we get lead opposition witnesses to come forward.
- Anya Lawler
Person
Good morning, Madam Chair and Members. Anya Lawler, on behalf of the California Rural Legal Assistance Foundation, the Public Interest Law Project, and our coalition of partners that work with low income communities throughout California, we agree with pretty much all of the arguments in support of this bill. We need more housing.
- Anya Lawler
Person
We need more housing and more density around transit and we need to do so much more to support and grow transit throughout the state. But I feel like we're just reading an entirely different bill. It's important to remember that the state does pretty well at producing market rate housing. But seriously under produces affordable housing.
- Anya Lawler
Person
Given those significant disparities, we should be using every tool available to increase affordable housing development.
- Anya Lawler
Person
We read this bill as not requiring affordability and sort, sort of taking away any incentive that a developer would have to actually use things like density bonus law or SB35, which would trigger an affordability requirement, which means we're probably just going to get 100% market rate projects.
- Anya Lawler
Person
And clearly there's a disagreement about how the bill reads, but that's how we read it. We see it as potentially overriding local inclusionary ordinances. We know that low income people are core transit riders. We know that market rate development in low income neighborhoods causes neighborhood level displacement.
- Anya Lawler
Person
We know that there are better ways to go about increasing density. We see all kinds of cities doing creative things to densify while also taking care of housing needs and building equitably and inclusively. We think we should embrace those things.
- Anya Lawler
Person
And we see SB79 as simply too blunt of an instrument to produce the kinds of outcomes that we want to see in our communities to address the housing crisis for all. And for those reasons, we respectfully ask for a no vote.
- Jeremy Smith
Person
Thank you, Madam Chair. Members of the Committee, Jeremy Smith here on behalf of the State Building and Construction Trades Council also opposed the bill. I'll truncate my statement my statement a bit. Anya did a good job of touching the housing space of this, but I'll say a couple things.
- Jeremy Smith
Person
First, by exempting projects from Celine risks, public health and safety, by not considering infrastructure capacity, no analysis of mitigation for significant construction and operational air quality, noise, public health, utility, public services and other adverse impacts on the community would be required.
- Jeremy Smith
Person
These things are often addressed by addressed by other laws and may exacerbate environmental and public health impacts. Secondly, a housing project will also be eligible for SB79 streamlining if located on light industrial land or surrounded by industrial uses.
- Jeremy Smith
Person
In contrast to existing streamlining measures such as SB6 and AB 2011, which prohibit housing projects on a site or joined any site where more than one third of the square footage on the site is dedicated to industrial use. And finally, a word on labor standards.
- Jeremy Smith
Person
This does not include labor standards, including standards previously approved by the Legislature and streamlining bills such as SB 423, SB 6 and AB 2011. It's important to remember that the potential increase in housing projects in SB79 will result in increased workforce demand. Local government Local governments need to be able to hear this and adapt to it.
- Jeremy Smith
Person
Without a public process to advocate within, our members need those protections in bills such as this. However, SB79 includes no labor standards for workers building these projects, no skilled and training standards, no prevailing wage requirements, no apprenticeship utilization requirements or enforcement provisions.
- Jeremy Smith
Person
And without those standards in this Bill, we will be forced to rely on an overburdened and understaffed calosha, DLSE and other state agencies charged with enforcing labor laws, an issue that the author has tried to remedy as chair of the Budget Committee, for which we thank him.
- Jeremy Smith
Person
But because of that, the author knows there isn't enough enforcement capacity due to the vastness and prevalence of the underground economy, especially in the housing sector.
- Jeremy Smith
Person
Finally, those agencies, despite being staffed and dedicated public servants who are doing their best, need the help of the Legislature and bills such as this to include real meaningful direction to developers that how and with whom these projects are built are as important as just getting them done.
- Jeremy Smith
Person
This bill contains no standards for protecting workers, unfortunately, and we are left to ask why.
- Aisha Wahab
Legislator
For those reasons we urgent a vote. Thank you. So we're going to move on to #MeToos again, both in support of the bill or opposition. Please state your name, your organization and where you sit on support or opposition. No other comments. Thank you.
- Brooke Pritchard
Person
Hi. Brooke Pritchard on behalf of California YIMBY, in addition to 1,000 Californians who signed a letter in support. Thank you.
- Silvia Shaw
Person
Good morning. Sylvia Solis Shaw here on behalf of the City of West Hollywood in support. Thank you.
- Matt Robinson
Person
Good morning, Madam Chair. Matt Robinson with the California Transit Association. We are supportive of the Surplus Lands Act changes in the bill and appreciate the author's work with us on that. Thank you.
- Robin Davis
Person
Robin Davis, West Sacramento Tiny Homes on Wheels advocacy group in support. Thank you.
- Ryan O'Connell
Person
Ryan O'Connell, with Napa Solano for Everyone and strong support. Thank you.
- Martin Vindiola
Person
Martin Vindiola on behalf of the California State Association of Electrical Workers, the California State Pipe Trades Council and the Western States Council of Sheet Metal Workers in opposition.
- Ali Saperman
Person
Ali Saperman on behalf of the Housing Action Coalition in stronger support.
- Louis Morante
Person
Louis Morante on behalf of the Bay Area Council, a proud co sponsor of the bill and strong support. Thank you.
- Jordan Grimes
Person
Good morning Chair and Members. Happy Earth Day. Jordan Grimes on behalf of environmental nonprofit Greenbelt Alliance in strong support. Also a co sponsor of this bill. Thank you.
- Brian Hamlin
Person
Brian Hamlin, California BE in support and I believe Circulate San Diego didn't make it in the room. Also speaking on behalf of him as well in support. Thank you.
- Joseph May
Person
Joseph Cohen May on behalf of the Los Angeles Housing Production Institute as well as Downtown Los Angeles for All in support.
- Embert Madison
Person
Ember Madison, from the California Apartment Association in support.
- Julia Daniel
Person
Julia Daniel with Hay Dash for your neighbors for Density and support. Thank you.
- Kira Rosoff
Person
Good morning. Kira Rosoff, on behalf of the Marin County Council of Mayors and council Members in the City of Solana Beach in opposition.
- Brady Gar
Person
Good Morning Chair and Members. Brady Gar, on behalf of the League of California Cities as well as the California State Association of Counties in opposition. Thank you.
- Brandon Powell
Person
Brandon Powell, of San Francisco's District 9 Neighbors for Housing and support.
- Evan Kragan
Person
Evan Kragan, on behalf of Sacramento Council Member, Katie Maple, in strong support.
- Alex Melandres
Person
Alex Melandres, representing Ventura County Yimby in strong support.
- Matthew Marting
Person
Matthew Marting, on behalf of Mountain View Yimby in strong support.
- Brendan Regulinski
Person
Brendan Regulinski, constituent of Senator Durazzo, Union Entertainment worker and volunteer with Abundant Housing Los Angeles and Eastside Housing for All in support.
- Natalie Spivak
Person
Natalie Spivak, with Housing California. We have a concerns position due to the lack of affordability requirements and exemption for transit agencies from the Surplus Lands Act. Thank you.
- Jonathan Cook
Person
Jonathan Cook, Executive Director of the Sacramento Housing Alliance with concerns regarding the lack of affordability requirements and exemptions to the Surplus Land Act.
- Phoebe Seaton
Person
Phoebe Seaton, with Leadership Council for Justice and Accountability in opposition.
- Mark Fucsovich
Person
Mark Fucsovich, from Streets for All representing the Costa Mesa Alliance for Better Streets in support of the bill.
- Gracia Krings
Person
Gracia La Castillo Krings, here on behalf of Prosperity California in support.
- Holly Fraumeni de Jesus
Person
Holly Fermini De Jesus, with Lighthouse Public Affair here in support today on behalf of Spur Abundant Housing Los Angeles, the San Diego Housing Commission, as well as Habitat for Humanity, California nonprofit housing builders for homeowners. All in support.
- Ben Raidersdorf
Person
Ben Raidersdorf, on behalf of House Sacramento in strong support.
- Bob Naylor
Person
Bob Naylor, on behalf of Fieldstead. That's Howard Amundsen Jr. An Orange County pro housing philanthropist.
- Jt Herchmack
Person
JT Herchmack, from the Non-Profit Housing Association of Northern California in support of this bill today to continue the conversation on the Surplus Land Act.
- Paul Gonzalez
Person
Good morning, Madam Chair, Members of the Committee. Paul Gonzalez, on behalf of the cities of Artesia, Chino, Fairfield, Folsom, La Mirada, La Quinta, Lakewood, Lamita, Norwalk, Palm Desert, Palmdale, Paramount, Rancho Cordova, Simi Valley, Torrance, Whittier and Yucaipa, all in respectful opposition.
- Kobe Pizzai
Person
Madam Chair and Members. Kobe Pizzai, on behalf of the cities of Carlsbad, Thousand Oaks, Merced and Rancho Cucamonga. In respectful opposition.
- Casey Elliott
Person
Casey Elliott, on behalf of the cities of Laguna Beach, Hesperia, Newport Beach, Fullerton, Mission Viejo, Whittier, Oakley, Oceanside and Modesto, Murrieta, Tustin, Concord, Walnut Creek and Lafayette. All in respectful opposition.
- Dylan Hoffman
Person
Hi. Dylan Hoffman, on behalf of the City of Beverly Hills, in respectful opposition.
- Max Perry
Person
Max Perry, on behalf of the City of Camarillo, also in respectful opposition. Thank you.
- Aisha Wahab
Legislator
Thank you. Seeing as we have no #MeToos, I'd like to establish a quorum before we begin any deliberation. Can we call roll?
- Aisha Wahab
Legislator
Okay, quorum has been established. I'm going to bring the conversation back to Committee Members. Committee Members, would you guys like to comment on this effort? Senator Grayson.
- Timothy Grayson
Legislator
And I want to express my incredible just regard, high regard to the author, who is a housing champion for the State of California and has been one for quite some time and is absolutely not afraid to pick up large boxes and big task and challenging policy and bring it before us, such as is with this particular bill.
- Timothy Grayson
Legislator
I see, when I read through the bill and I see the structure of it, I see where this absolutely fits in perfect as a piece of a puzzle to many communities, especially within the heart of the Bay Area, especially in San Francisco and some of the larger cities.
- Timothy Grayson
Legislator
When you get out further from that dense, dense urban setting, then I see where the challenges start to surface.
- Timothy Grayson
Legislator
And for me, that's what I've been grappling with is how do we fit that tier system into an environment that is not conducive to that kind of a setting, where there's four stories or seven stories within a certain distance from public transit.
- Timothy Grayson
Legislator
In some of these communities, they've literally built a life or a product or a way of living that is a different type of setting than one who would wish to live on the 23rd floor of a high rise right in the heart of San Francisco.
- Timothy Grayson
Legislator
And so it's a lifestyle choice of having a lawn and having a single family home and wanting to live in that kind of environment. And they've chose to go out and live there. In some cases not there not has been a choice. They've been pushed out there to live in a rental situation.
- Timothy Grayson
Legislator
So with that, for me, I see some great benefits if this was limited to an environment that was conducive to the tier system that is in this bill.
- Timothy Grayson
Legislator
However, I do see the huge challenges for me in my district where it gets out into a place where that type of setting is not or the policy is not conducive to the setting that is out there.
- Timothy Grayson
Legislator
Having said that, again, I want to compliment the author on any endeavor that he has embarked on as well as this Legislature to be able to tackle this almost magnanimous, impossible task of addressing our housing crisis.
- Lena Gonzalez
Legislator
Thank you, Madam Chair. And I just want to also thank the author. I know this isn't ever easy. I know where the chair stands here. So I want to be as respectful of this process as possible. But I do support this bill because I do see the opportunity.
- Lena Gonzalez
Legislator
In my district alone, I've got the southeast Los Angeles gateway that is about 15 to 16 miles that will go from the City of Artesia to Los Angeles Union Station.
- Lena Gonzalez
Legislator
This is the first time that these folks in Southeast La, which is most oftentimes a neglected part of our county, get not only a light rail line, but have the opportunity to see a vision for new commercial, new residential, mixed use properties that could really just create so much vibrancy along the line.
- Lena Gonzalez
Legislator
This is because, you know, a lot of the work that the state has done, the southeast line just received tirsip funding of about $250 million, which was great. We still need another billion or so of dollars. We're still looking for that. But nonetheless, this provides an opportunity for us to envision this area.
- Lena Gonzalez
Legislator
I know that the cities of Paramount and the City of Lakewood have opposed this Bill, which are in my district, but I will say the City of Paramount has created a clear water specific plan that actually does exactly what SB79 is entailing. It creates, it's a whole plan that creates more density along the transit line.
- Lena Gonzalez
Legislator
And this is exactly what it creates. It's just that, you know, this is not City of Paramount's bill, it's a state bill.
- Lena Gonzalez
Legislator
And I understand that the local control aspect, but I think that this is an opportunity for us to continue discussing, you know, what more we could do for these underserved communities, especially in one like mine, like Los Angeles, that will, that also has some of the largest impacts in terms of air quality too.
- Lena Gonzalez
Legislator
So I know I'm Talking to you, Mr. Author, but I think this is something that I know that you understand completely. But I know that this is going to be really, really vital for my, for my community and for Los Angeles. On top of that, La County has, I think, about 50,000 acres available along their metro lines.
- Lena Gonzalez
Legislator
When we think about the Olympics, when we think about the World Cup and the opportunities there for folks, for regular Angelenos to be able to have housing that could be affordable, but that will also be lower the cost, lower the air quality impacts and get them to and from not just the Olympics, but to work, I think is really important.
- Lena Gonzalez
Legislator
So with that, I want to say thank you for bringing this forward. I know there'll be continuing conversations on how we can incorporate maybe some of the existing transit oriented community programs that might have some local government influence in there already.
- Lena Gonzalez
Legislator
So there is some sort of influence from cities to be able to, you know, look at that. And so I don't know if you have any answer to that. I know we've talked about that a little bit briefly, but Metro has TOC currently and does beg for city support.
- Scott Wiener
Legislator
So, as I mentioned at the beginning, the bill currently allows cities to propose an alternative plan that produces the same level of housing that SB79 would require, but to do it in their own way if they want to move around where, where it is to focus more on like one side of the station, less on the other side.
- Scott Wiener
Legislator
And. And so that they have that flexibility in terms of other kinds of flexibility for cities that may already have programs. We're open to that conversation. Absolutely.
- Scott Wiener
Legislator
And that's why I'm asking the Committee, and I appreciate your support to allow us to continue that conversation, because if the Bill is voted down in its First Committee, that conversation ends. And so I appreciate you raising that. We're happy, you know, we're happy to have that conversation.
- MarĂa Elena Durazo
Legislator
Yes. I just want to thank the author also for all the work that you've done on housing. Housing has also been very important to me because I represent a district which is primarily renters, overwhelmingly renters. And so affordability is a big issue. There are renters who are at the point of getting kicked out and becoming homeless.
- MarĂa Elena Durazo
Legislator
So affordable housing solutions are really top priority for me and the rights of tenants. My concern is that there would be more market rate. It would open the door for more market rate, but at the expense of affordable housing. And that's a very big concern.
- MarĂa Elena Durazo
Legislator
I'm aligned, I think, with a lot of the nonprofit affordable housing groups in their concern that this could lead to more market rate housing, but again, at the expense of affordable housing. My concern about the impact and the potential.
- MarĂa Elena Durazo
Legislator
It bypasses ceqa, it permits transit agencies to build commercial only developments, and it does not have the affordability standards baked in. It leaves a door open to luxury development without guarantees for low and moderate income residents, and it exempts transit from the Surplus Lands act, cutting off opportunities to prioritize affordable housing on public land.
- MarĂa Elena Durazo
Legislator
For these and many other reasons, I will not be voting today on this bill.
- Christopher Cabaldon
Legislator
I'm approaching this also from the perspective of somebody whose most recent experience was as a Mayor and as a Transit Agency Chair, although not in the core of either Los Angeles or the Bay Area. And I think—first, I would say this Bill is tackling a very real problem.
- Christopher Cabaldon
Legislator
That we are building region-scale land use and climate and housing and equity plans, organized around transit, and then not building the housing around transit stations, in order for that to occur.
- Christopher Cabaldon
Legislator
And to some extent, it's part of our larger challenge of we want to make sure if we do a project, that it has to be affordable and it should have a solar roof and it should have a childcare center and it should have an urban farm on the top of it. You know, all of our goals.
- Christopher Cabaldon
Legislator
And while we're waiting for that moment, that land is being consumed for other projects, and we don't get another bite at the apple. So, as we're waiting to build the perfect project, other things are consuming that land around the transit stations, as we build them. So, it is a very live challenge and an urgent one.
- Christopher Cabaldon
Legislator
I absolutely get the purpose and the approach of the Bill here, and this larger view, because it is a regional and state priority that the local government share, to advance transit-oriented development and the significant benefits from mobility, for access to jobs, for social equity, that these provide, that there is a key role for the state to engage in.
- Christopher Cabaldon
Legislator
I did want to, and I know you mentioned, Senator, that, you know, the analysis went through a thousand things. To be fair, I think it's because the Bill also goes through a thousand things, as well.
- Christopher Cabaldon
Legislator
So, I wanted to go through a couple of these because, I will say, I'm approaching this from someone—a different part of California, not radically different. I do represent four of the Bay Area's counties.
- Christopher Cabaldon
Legislator
But as I read the Bill, it applies, in my own district, to just a few areas, those that are served by the Capitol Corridor Rail Service, by the Smart Light Rail Line in Sonoma and Marin and potentially by the Vallejo Ferry, and that's—and that's it. So, it isn't a broad scale coverage of my district.
- Christopher Cabaldon
Legislator
But at the same time, there's a, there's a reason for that and that is that we have not found a way and there is no plan, real or possible, for future frequent rail service in suburban, exurban, mostly urban places like Vallejo, Fairfield, Vacaville, Davis, my own city, maybe the closest, Woodland, others.
- Christopher Cabaldon
Legislator
We don't have a strategy for getting there. Our neighbors in the big urban areas will sort of talk about us like we're, like we are Sally Strothers Charity Campaign. Someday, transit will arrive at these poor places that don't have it. We don't know how.
- Christopher Cabaldon
Legislator
But until then, you have to comply with all the same exact standards that we have today, in anticipation that it will arrive when we don't have any strategy for—and it's not feasible to extend BART to most of my district, as an example. The Capitol Corridor is the line that it is. It's not going to change.
- Christopher Cabaldon
Legislator
SMART is maybe the only example of a transit system fixed that would meet these requirements, that has been developed in my entire district in generations. So, this is—so, it is—it makes it easier for me in some sense. But I think.
- Christopher Cabaldon
Legislator
But a lot of the laws that apply to these stations don't recognize that transit will look different. It has to in these communities, and I'll give an example. Many of them—mine was the first in the state to operate a publicly supported micro transit public rideshare system. That doesn't count because there's no fixed stop.
- Christopher Cabaldon
Legislator
That doesn't count as transit. And so, we've got to look at these communities. And with all due respect, we're not pushing people to the suburbs. We have a housing crisis in all of California, including in suburban and rural California as well, where we're closing schools, or potentially universities, because we don't have enough people.
- Christopher Cabaldon
Legislator
So, we have to, you know, we need to be looking at these areas in ways that will, that will accomplish that. The other key difference between the core barrier and the rest of, at least Northern California, is that in areas like mine, transit agencies are cities. They are cities and counties. There's not an independent agency.
- Christopher Cabaldon
Legislator
That's the transit agency. And so, in some respects, for the opponents of the Bill, it's your fears are not that—they're not real. Like, there's just no chance that the mayors of Woodland, West Sacramento, Davis, and Winters are going to conspire and force any one of those four cities through their role as the Yolo Bus Transit Agency.
- Christopher Cabaldon
Legislator
The other three are not going to force land use decisions onto any one of those cities. Cotati is not at any risk that Rohnert Park next door is going to conspire with the other cities in Sonoma County through SMART, to impose these draconian land use issues that are being worried about.
- Christopher Cabaldon
Legislator
So, in some sense, that structure is a cause for not being that worried about the impacts of the Bill, in that way. But also, at the same time, it's a recognition that just as transit agencies are cities and counties, in these places, cities and counties are also the transit agencies.
- Christopher Cabaldon
Legislator
And so, perhaps one of my biggest worries is that we are creating a perverse incentive for these places not to ever upgrade their transit systems. That if taking our Yolo Bus Line 42 that runs to the airport and taking it from 40 minutes to 30 minutes, that's great, everybody agrees.
- Christopher Cabaldon
Legislator
Taking it 30 minutes to 20 minutes, that's great, everybody agrees. Taking it to 16 minutes, everybody agrees. Taking it to 15 minutes, suddenly all of these laws get triggered. At 15 minutes, suddenly every one of these laws gets triggered.
- Christopher Cabaldon
Legislator
And who in their right mind, as a City Council Member, maybe, maybe there's a couple of us, but really, who in their right mind that is going to get reelected is going to say, you know, it's worth going from 16 minutes to 15 minutes and give up all of our local land use authority, in this way?
- Christopher Cabaldon
Legislator
So, this, this sort of, this, this inflection point, when the transit agency is also controlled, unlike BART or AC Transit or the, you know, those that have elected agencies, it's controlled by the cities and the counties. And transit will only evolve and intensify over time, if the whole community is rowing in that direction.
- Christopher Cabaldon
Legislator
No transit agency has ever emerged like Aphrodite out of the Seafoam. It takes everyone contributing to that, and a mandate from the state can only take it so far.
- Christopher Cabaldon
Legislator
So, that's sort of one, sort of, overarching challenge for me, is wanting to make sure that we are not, we're not creating incentives, strong disincentives for local agencies, in areas that don't have independent transit agencies, to use their control of the transit agencies to keep them down, in order to not trigger provisions like this.
- Christopher Cabaldon
Legislator
The second area that I want to understand, it picks up on what Senator Grayson said is, these—the—tiering options that are in the Bill, which I think is a thoughtful, well considered approach for how to deal with this, but it misses something, and that is that transit is very, very much a network phenomenon.
- Christopher Cabaldon
Legislator
The density and the interconnectivity of the transit network is what makes it successful or not. So, a Tier 3 transit service, something less than light rail, is a radically different animal, in a place where it exists all by itself.
- Christopher Cabaldon
Legislator
For example, the Smart Train in Sonoma, compared to a Tier 3 service that connects to a Tier 2 line, and potentially through the Tier 2 line to a Tier 1 line, that, those—what your mobility envelope looks like, what your possibility frontier looks like, is radically different.
- Christopher Cabaldon
Legislator
So, if you can take every 40-minute bus or every 15-minute one, but that's Tier 3 and you can connect to AC Transit or Dimuni, and then get on BART, that is a radically different transit power than getting on, getting on in Davis, onto UniTrans, onto the bus service. That's the only trip that you can take.
- Christopher Cabaldon
Legislator
And so, just going the way that the tiers are operated, it treats Tier 3 as though it's just a slightly, slightly less version of Tier 2, which is a slightly less version of Tier 1. So, there's no recognition of the, of the network effect.
- Christopher Cabaldon
Legislator
And so, to me, that presents a real challenge, because when you have a Tier 3 major transit stop that is embedded in Tier 1 and Tier 2 networks, you should be driving to exactly these standards.
- Christopher Cabaldon
Legislator
But it isn't as clear to me that an isolated Tier 3 system in a suburban or a rural area all by itself should trigger—it should trigger something—but should it trigger the same exact thing as a Tier 3 line that connects to BART, Muni, or to LA—or to LA Metro?
- Christopher Cabaldon
Legislator
So, those are some of the larger questions I have about the Bill, and you're welcome to respond either directly or in the close.
- Christopher Cabaldon
Legislator
Some specific things I wanted to raise, and I warned you, I had a bunch of questions on this, but some specific factors I want to raise, and I know we will also, if the Bill moves forward, also here in local government is, and we're doing this a lot, we have a lot of shot clocks for local governments, where there's a shot clock for the local government to do something, send it to HCD, and then, there's a shot clock after HCD sends it back.
- Christopher Cabaldon
Legislator
There's no shot clock for HCD itself. And what's good for Peter, what's good for Paul here? And when you're trying at the local level to process these issues, or if you're a development project or transit agency, HCD can be a substantial time barrier.
- Christopher Cabaldon
Legislator
And so, as we mandate local governments to do this in 15 minutes, or this in 60 days, we should have some accountability for the state to do its part, if time is really money and time is of the essence. And so, I encourage you to think about asymmetry of the shot clocks.
- Christopher Cabaldon
Legislator
Second, curious about the language in the Bill about the permanent operating easement for transit agencies, being one of the, one of the triggers for objective standards. My worry here is that the way the language is constructed right now does not connect the permanent operating easements directly to the line or to the plan.
- Christopher Cabaldon
Legislator
It's simply any permanent operating easement, which creates the potential for developers to offer permanent operating easements, for lines that do not exist, or are not planned, in order to qualify for the, for the, for the benefits of this Bill.
- Christopher Cabaldon
Legislator
So, the concept I agree with, but I, but I, but I want to be sure that we're—that that is tight and it's not because it's essentially free to the developer to give, especially when there's not a line, that it's not connecting to an existing, an existing or relatively soon plan line.
- Christopher Cabaldon
Legislator
And then the—I do have also concern about the remote properties issue, that has been raised by several of the groups and others, around other properties the transit agencies own that may or may not be directly associated with the lines as they are, or as planned. I hope you will be able to address that.
- Christopher Cabaldon
Legislator
Then, I guess the last thing I'll say, and it will apply not just to this Bill, but to a lot of this work, and we've talked about this extensively, is we're very focused here on punishing the wicked and making sure the wicked don't do bad things. And that is an essential role for state government to do.
- Christopher Cabaldon
Legislator
And by the wicked, I think we almost always are referring to local governments, who are either evil or too stupid to do the right thing. That's not my view of the world—that they are just as evil or stupid as state government or anyone else in society. There is a mix.
- Christopher Cabaldon
Legislator
And so, I believe very much that we ought to have policies to punish the wicked, but that we also need to have policies that unleash the super talented, the ones that are getting the job done than the ones that are better than average, the ones that are better than an analyst and HCD might come up with, that are really on that edge.
- Christopher Cabaldon
Legislator
And looking at the city we're in right now, do they get every single thing right? No. Do they take really hard risks to make progressive policies around housing production? Yes. Berkeley is another. My city's another. There's a lot of cities that are doing as well, or better, than we would in their shoes.
- Christopher Cabaldon
Legislator
And this is an example of one of those areas where we treat them all the same. And so, where, when Huntington Beach or Atherton or a city that's not developing the proper amount of Transit Oriented Development, when they commit a crime, the ankle bracelet goes on everyone.
- Christopher Cabaldon
Legislator
And, and so, I think this is an area where we need to be thinking about developing a framework that, that is—that applies either to the wicked or to the average, but where we are not preventing communities that are with us on all of our policy objectives and are doing the best that they can and are often succeeding from being able to accomplish that.
- Aisha Wahab
Legislator
No, I appreciate that. Thank you so much. I do want to give—he had a number of different.
- Aisha Wahab
Legislator
Okay. If you could respond briefly. We have other speakers as well. Thank you.
- Scott Wiener
Legislator
Thank you, Madam Chair. I appreciate those comments. Just a couple of things on the easements issue. That's something that has been raised, I think, I believe the realtors raised that, and we're actively working on that issue. We've actually proposed language to them, and we're, you know, we'll hopefully resolve that. So, that issue has been raised.
- Scott Wiener
Legislator
We're, we're committed to working on that. In terms of the remote properties for—in terms of the Surplus Lands Act in general, we've—and I've always been a supporter of the SLA. We have some flexibility on the SLA. For example—this might change—school districts have more flexibility.
- Scott Wiener
Legislator
There's been an ongoing conversation for years around transit agencies and SLA's because transit agencies, and for my Bay Area colleagues, you know this, and for others, you've heard me talking about it, in the Bay Area, our transit systems are on the verge of collapse. Collapse.
- Scott Wiener
Legislator
And so, is there a reasonable conversation to have about giving them a little more flexibility on their own land, to be able to sustain themselves, so that we continue to have public transportation?
- Scott Wiener
Legislator
I have told MPH and the other Housers we're, if the Bill moves forward, we will sit down with them, about the SLA, to try to work something, work something out. And so, that message has been delivered, and we're committed to that.
- Scott Wiener
Legislator
And then, finally, I want to—in terms of punishing the wicked, I actually don't view housing, more housing, as a punishment. And I have been very careful over the years, a—with very few exceptions. And we know who that tiny number of cities are. I don't demonize cities. I'm a former local elected official.
- Scott Wiener
Legislator
We ask local elected officials to walk the plank every week, with people yelling at them.
- Scott Wiener
Legislator
And so, the number of City Council Members over the last decade who have come up to me privately and said, I can't say this publicly but thank you for the work that you're doing, because it makes our lives so much easier, in terms of delivering the housing we need.
- Scott Wiener
Legislator
So, I don't view it as punishment, but I understand what you're saying in terms of the high performers, they should get some consideration. And the final thing I want to say, in terms of transit, I want to see transit expand everywhere.
- Scott Wiener
Legislator
And I also want to make sure that as we are doing that, we're not repeating the past mistakes, like we heard in terms of Senator Grayson's community, where we made massive public investments in BART and surrounded—allowed—cities to surround it with single family homes, so that the only—the only people who are allowed to walk to those BART stations, for the most part, are people who can afford a $2 million home.
- Scott Wiener
Legislator
That is terrible policy. It's unfair, and that's what we're trying to change. Not this Bill won't change everything, but that's the direction we're trying to go.
- Jesse Arreguin
Legislator
I want to thank Senator Cabaldon for your comments. I think you touched on an important issue, which is that not every city is an urbanized community. And so, as we're developing laws for 40 million people in the state, we have to really think about the application of it, to a variety of different parts of our state.
- Jesse Arreguin
Legislator
And so, I know the author will work to take that input in consideration as the Bill moves forward, but housing is a matter of statewide concern. That's why the Legislature, over the past decade, has passed a number of laws to streamline production, to build ADUs, to build multifamily housing, to build affordable housing.
- Jesse Arreguin
Legislator
And it's because we're facing a significant deficit of housing in California. It's estimated we are behind by at least two and a half million homes, just to address the existing housing needs of Californians. If we were making progress as a state, we wouldn't need Senate Bill 79.
- Jesse Arreguin
Legislator
And I think, as the Senator touched upon, we're facing two challenges in California. We're facing a housing shortage and we're facing a transit funding crisis. And transit and housing are interrelated issues, there's no doubt about it. And so, this Bill tries to address both those issues.
- Jesse Arreguin
Legislator
And I firmly believe that we need to build housing for people at all income levels, affordable housing, including permanently affordable housing, subsidized housing for people experiencing homelessness, market rate housing ownership, housing, the shortages at all aspects of the income spectrum in our state. But more acutely, on the affordable side.
- Jesse Arreguin
Legislator
I believe this Bill will significantly accelerate the state's progress to build Transit Oriented Development, locating it where it should be appropriately located, which is along major transit corridors and around transit stations.
- Jesse Arreguin
Legislator
I think there are some issues that should be taken into consideration, with regard to sort of rural cities and more suburban communities and the different tiers, that I think Senator Cabaldon touched upon specifically, but I think this Bill is accomplishing a very important goal.
- Jesse Arreguin
Legislator
I have talked to the author about my concerns, around the issues around the changes of Surplus Lands Act, which I think could disincentivize the use of public land for affordable housing, which I think is going backwards from the law the state has passed in recent years.
- Jesse Arreguin
Legislator
I know that you'll be engaging with affordable housing developers and other stakeholders, discuss those issues. I want to make sure that we're not going backwards and incentivizing affordable housing. So, recognizing this Bill will, will continue to be a work in progress, but is addressing a critical need in our state, I will be voting for the Bill today.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Madam Chair. So, I do have a couple of questions I would like to give an opportunity to be addressed. The first one is, based on the information that you shared, that your staff shared, actually, with us, the Bill seems quite narrow.
- Rosilicie Ochoa Bogh
Legislator
And as you have a comprehensive list of the transit stations that fall within the tiered structure, this Bill does not affect the vast majority of land within a given city. I was looking at the map and, in my community, in my district, we potentially have three—three areas up here.
- Rosilicie Ochoa Bogh
Legislator
I have three areas that actually would be considered under Tier 3, which falls within, you know, closest to it, four to five, three to four, on the, on the outskirts, on that, on that end.
- Rosilicie Ochoa Bogh
Legislator
Would it be appropriate to say that a certain level of local control is still guaranteed to cities and counties, going forward, since they retain the oversight of transit development and therefore, could consider the sustainability of high-density housing when evaluating the future site of the, of the—of the transit stop?
- Scott Wiener
Legislator
Yes. Excuse me, sorry. That is correct, and it's twofold. First, even for existing stops, the Bill is very clear that a city—there's a default zoning around that transit stop, per the tiers in the Bill.
- Scott Wiener
Legislator
A city could decide, we want to focus it more, say, like I said before, on one side of the station but not the other, or we want to go even taller closer in, but shorter, further out, and they can craft that alternative plan and that would substitute the default settings in the Bill.
- Scott Wiener
Legislator
So, that's a pretty significant amount of local control. In addition, as Senator Cabaldon mentioned, when we talk about the creation of new transit stops and new transit systems, these are—these are local decisions.
- Scott Wiener
Legislator
In most parts of the state, it is, it is, as you mentioned, mayors, council members, county supervisors, who are part of these transit boards, we have in the Bay Area, we have two systems, BART and AC, that are directly elected, but that is close to being unique in the country. And they are directly elected, so, they're local elected officials.
- Scott Wiener
Legislator
And so, that local decision making is still there. The state doesn't mandate where you build rail. I mean, if you're seeking state funding, you have to show that the system is going to be sustainable. But yeah, there is—that's a significant amount of local control.
- Rosilicie Ochoa Bogh
Legislator
And I, and I want to, I wanted to make sure I asked that question because I wanted to ensure that the opposition, especially when it comes to the League of Cities and our local cities, because I, I'll be honest, I received a lot of opposition from our local cities.
- Rosilicie Ochoa Bogh
Legislator
And when I'm viewing, when I'm viewing the lens that I use to, to, to, to analyze the bills, I really do look and take in consideration what the local control perspective is, on that end, but also what—where their role comes in.
- Rosilicie Ochoa Bogh
Legislator
And so, I want our cities to understand that they still, especially in my district, which you know, we are still developing, we still have a lot of land, we're still growing. So, there still leaves literally a lot of local control, as to where they go—they're going to be able to place these transits stations, moving forward.
- Rosilicie Ochoa Bogh
Legislator
So, I wanted to make sure that we had that on record for my cities. Number two, there's been some concerns raised about the lack of affordability requirements within this Bill. Can you provide some context as to why that was not included and perhaps how increasing market rate supply could still be a net positive for housing markets?
- Scott Wiener
Legislator
Yeah, so I agree with—I know, I know Senator Arreguin said this—I can't remember if others did—that when it comes to housing, it has to be in my view and all of the above approach.
- Scott Wiener
Legislator
I have been a strong supporter of, and we say affordable housing, I think most people are referring to below market rate, deed-restricted, affordable housing. That's typically what people are talking about when we say affordable housing. I've authored bills that have been specific to 100% affordable housing.
- Scott Wiener
Legislator
At the local level, I supported San Francisco's inclusionary housing ordinance. I have supported, both before and since being Budget Chair, billions and billions of dollars of investment in affordable housing.
- Scott Wiener
Legislator
And so, this whole narrative that if you do a Bill that allows for all sorts of different kinds of housing, it's somehow anti-affordable housing, that it's a zero-sum game, I don't accept that. I think that that is a false premise.
- Scott Wiener
Legislator
And so, this Bill, in terms of affordable housing, as I mentioned at the beginning, need to be clear that the low-density zoning—if you have a station that's surrounded by single family zoning, that is—inherently means that neighborhood is off limits to affordable housing.
- Scott Wiener
Legislator
So, when we change that low density zoning to multi-unit, that means that you can now have affordable housing there. So, to suggest that changing the zoning from single family to multi-unit is anti-affordable housing, that is simply, in my view, incorrect. So, by changing the zoning, it allows there to be affordable housing—both 100% if an affordable housing developer can purchase the land.
- Scott Wiener
Legislator
But also, it triggers the inclusionary housing ordinance of the city because typically, most cities it triggers at like 10 units, or 15 units, or thereabouts. In addition, like I said all of the above.
- Scott Wiener
Legislator
So, we want that affordable housing, but market rate housing, you know, the vast majority of Californians live in market rate housing. 90% of low-income Californians live in market rate housing. Market rate housing, it gets tarred as luxury housing. Market housing is privately built housing.
- Scott Wiener
Legislator
The 1965 condo that I live in, which is, is a very modest condo—I don't live in the nicest place in the world. When it was built in 1965, I bet you it was really like, wow, this is like luxurious. It's all sparkly and new. It's not now, and it's still market rate housing.
- Scott Wiener
Legislator
And all housing is expensive because we don't build enough of it. And we know from study after study that places that build a lot of new housing—that helps stabilize the price, so we don't have explosive costs that are pushing people out. So, we need both the market rate housing.
- Scott Wiener
Legislator
We're not going to solve this without market rate housing and we're also not going to solve it without having subsidies, particularly for our lowest income residents, because the market is not serving them. So, I believe we need both, and I think this Bill delivers both.
- Rosilicie Ochoa Bogh
Legislator
When addressing market rate housing, I also want to talk from a perspective of a realtor. If we're talking about market rate housing, if we're purchasing that particular, it also leaves, if those folks were, say, leasing a property, it leaves that vacancy now available for other people to be able to rent that particular unit. I'm with you.
- Rosilicie Ochoa Bogh
Legislator
And one of the concerns that I've had so much so in—this is my fifth year here in the Senate—is the fact that based on regulation, we've inhibited growth development in the State of California, adding additional costs, waiting for that perfect moment, adding, you know, the solar panels, or adding just every single component.
- Rosilicie Ochoa Bogh
Legislator
It just, it has made the building so unaffordable in the State of California that we're not building it. Hence, we don't have enough housing, hence the cost of living—the cost of housing in California.
- Rosilicie Ochoa Bogh
Legislator
So, I believe in just building and streamlining the process as much as possible and leading, literally leading, leading the free market, so I'm grateful that, you know, this allows for housing to be built, period. Period.
- Rosilicie Ochoa Bogh
Legislator
Because when somebody purchases a house and if they're leasing a property before that, that is now—leaves it for our newly young folks, like my children, my young adult children, who are now going to be, you know, leasing their, that—those properties.
- Rosilicie Ochoa Bogh
Legislator
My third question, when it comes to the Surplus Land Act component and allowing transit agencies to use their own land for commercial or residential development, can you provide any examples of privately-owned commercial or residential developments surrounding a transit stop that have shown success with increasing ridership?
- Scott Wiener
Legislator
Sure, and I don't know if, perhaps, I mean, there are examples in various parts of the state, and I don't know. Do you wanna?
- Scott Wiener
Legislator
No, I think we can answer it, but she can answer probably more articulately than I can.
- Unidentified Speaker
Person
Yeah, so typically, it's not 100% commercial, but for instance, Los Angeles Metro has built several mixed-use properties that—they have commercial on the bottom. Yeah. So, one I can think of is in Boyle Heights, pretty recently, and previously, there was just, I think like a vacant lot there. So, yeah.
- Rosilicie Ochoa Bogh
Legislator
But is, is there, has there been an increase in ridership? Do we have any data that shows that increased ridership has occurred?
- Unidentified Speaker
Person
So, unfortunately this was built when the, the line next to it was temporarily closed, so, the line just started running again. So, we don't have data for that yet. But I think, yeah.
- Unidentified Speaker
Person
I think we'd have to follow up on specific research, but I know that there's considerable research in the land use literature, indicating that commercial concentration near transit is a major driver of transit ridership. So, I'd be happy to follow up with some of the studies.
- Unidentified Speaker
Person
I was just going to say, there's so many examples in other countries where the transit agencies own the commercial development and it's a huge driver of ridership.
- Scott Wiener
Legislator
I will also just say, in, there are parts of—in San Francisco, like for example, if anyone's familiar with the Stonestown Mall area in San Francisco, we have a Muni line that goes right by there, a light rail line, and that—it's, it's one of the highest, most intensely road—or used—stations around, because people are able to actually get off and go to the mall.
- Scott Wiener
Legislator
They can also get off and go to San Francisco State to their dorms. And so, it's just heavily, heavily used, as a result.
- Rosilicie Ochoa Bogh
Legislator
Thank you. My fourth question is, regarding the land that is leased or not owned by the transit agency, can you address the concern that this Bill could potentially permit a transit agency to dispose of the land it does not own for redevelopment?
- Rosilicie Ochoa Bogh
Legislator
Is there any language in the Bill that clarifies if those lands could be treated as surplus land, essentially creating a taking of private property, without due process for the property owner?
- Scott Wiener
Legislator
So, that is the, I think the issue that I was having the colloquy with Senator Cabaldon about, that the realtors have raised, and we're committed to resolving that. We've, we've given them language that we think resolves the issue. It's not our intention to do what you just indicated. So, they've raised that issue recently.
- Scott Wiener
Legislator
We've submitted language to them and we're committed to working that out. I don't think we have a disagreement with them on it.
- Rosilicie Ochoa Bogh
Legislator
Okay. Okay. So, other than—I think those address my, my, my, my questions and concerns. As I said, you know, I, with the utmost respect to my, to my Chair for housing, you know, I served as your Vice Chair in housing when you were Chair.
- Rosilicie Ochoa Bogh
Legislator
We have a lot of conversations where—with regards to the concerns of the ability to build in California and build, you know, making housing more affordable in the State of California, which means building in California.
- Rosilicie Ochoa Bogh
Legislator
We focus a lot on legislation that makes affordable housing, rather than focusing on how do we make it so that it's actually affordable to build.
- Rosilicie Ochoa Bogh
Legislator
And the biggest problems that we're facing right now is a development in it's not penciling out financially, because of everything that the state, literally state, both state and local, control imposes on that particular development.
- Rosilicie Ochoa Bogh
Legislator
And it just, when you're working the numbers out, and then we wonder why, you know, the average cost in, or the medium cost in California, is 8—800,000—over $800,000 in their state. That's because of regulation. That's because we're imposing all of these requirements on the development, and then it doesn't pencil out, and then we wonder why.
- Rosilicie Ochoa Bogh
Legislator
And then, we try to subsidize that construction with taxpayer money and saying this is what we're going to do. I'm going to support this Bill. I have a lot of opposition on this Bill. I want folks to know that I—a lot of my cities are opposing this particular Bill.
- Rosilicie Ochoa Bogh
Legislator
But I am very, very diligent in analyzing the reasons for their concerns in opposing this Bill, and I believe that we could actually, especially my district, I think we can work towards addressing some of those discussions, which is why I asked the specific questions in here, as far as local control.
- Rosilicie Ochoa Bogh
Legislator
But I'm going to support this Bill today because I have worked with you. I know that you will continuously work to address the concerns.
- Rosilicie Ochoa Bogh
Legislator
And if there's one Senator in the past four years that I've worked with that actually listens, at least to me, the small Republican, you know, one of 10 Republicans in the state, in the Legislature, in the Senate, that listens and actually takes my considerations that my community members, my district, brings to me and puts it forward to you, as far as.
- Rosilicie Ochoa Bogh
Legislator
You've always, pretty much, I think every time I brought it forward, I wouldn't say always because that's probably, people are going to question that, but, but usually, you have always been considerate as an author to Bill—to take those considerations.
- Rosilicie Ochoa Bogh
Legislator
So, with that commitment, you know, I'm going to continue to address the concerns that my community members have, my stakeholders, and in good faith and in goodwill, I'm going to support the Bill today, so that, you know, hopefully it will look better for my community members who are actually opposing the Bill.
- Rosilicie Ochoa Bogh
Legislator
And this is what governance looks like. And I really want to make an effort on making sure that people understand this is what governance works. I don't politicize issues. I really want to work on governance. I ran that on the first time I came to the Senate. I just got reelected. I have four years.
- Rosilicie Ochoa Bogh
Legislator
And I want to continue that commitment of working on good governance for our state and for California. So, it's philosophical. It's really when I would focus on governance on this issue. And I know your heart when it comes to housing and wanting to actually increase housing.
- Rosilicie Ochoa Bogh
Legislator
And that's why I try to facilitate the conversations, as to what the concerns are, what the true concerns are, and what the actual Bill is going to do that. So, with the utmost respect to my Chair, I'm going to support the Bill today and continue to work and retain the right to change my vote at the very end, depending on what the final language looks like.
- Aisha Wahab
Legislator
Thank you. We do have Members—I do just want to tell the public we have Members in other committees, Members that are chairing other committees. Many of us have to present in other committees. I believe both of us have to eventually leave. I just wanted to highlight this. I deeply respect the partnership that I've had with Senator Wiener, as the author on a wide variety of issues, that we've worked on in the past years.
- Aisha Wahab
Legislator
I will say that, you know, I do believe in building more. I think that was a very common theme. We know that we have a housing supply issue.
- Aisha Wahab
Legislator
We also know that we also have deep concerns regarding affordability and some of the other concerns that largely, you know, the public, you know, needs to kind of see some of the details of this particular Bill. So, we must build housing for all income levels.
- Aisha Wahab
Legislator
And I have been consistent in that position, regarding affordable housing and housing development, you know, in my opinion, must include on-site affordable units. And the reason for that is that, largely, a lot of developers and a lot of cities will not necessarily require that, on their own.
- Aisha Wahab
Legislator
And that is one of the concerns I have with this Bill. And obviously bypassing, you know, affordable units perpetuates socioeconomic segregation, which is a de facto racial segregation, given who is impacted by poverty in this state, let alone in this country.
- Aisha Wahab
Legislator
I do believe that, you know, I want to commit to working with the author on these issues. I specifically am very concerned about giving these massive benefits to developers, with no incentive to prioritize affordability or have cities, in particular, be able to weigh in on some of the issues that affect their communities.
- Aisha Wahab
Legislator
It is actually not clear what local control City Council has with this. I also want to say that zoning, you know, many people talk about zoning. This Bill is a little bit more complicated and the analysis, I think, speaks to that because this applies not only to single family zoning, but commercial and light industrial.
- Aisha Wahab
Legislator
And therefore, it does limit some of the input that a local city can have. I am deeply, deeply concerned, overall, with the fact that, you know, affordability is the priority for me. And I've said that a number of times, I've been very clear regarding that.
- Aisha Wahab
Legislator
I also want to protect vulnerable communities, protect housing that is already there, that is already affordable by right, and much more.
- Aisha Wahab
Legislator
And I know that this is the first Committee, but as far as the affordability concept, you know, some aspects of local control, labor, and some of the other issues that were brought, which are many, many, many issues, I believe that this is a nonstarter for me at the very beginning, right.
- Aisha Wahab
Legislator
And the goal of policymaking is that we have our inputs, we have our concerns. And again, I want to work with the author, I want to work with stakeholders. There are plenty of other stakeholders that have deep concerns as well, in opposition position of the Bill.
- Aisha Wahab
Legislator
But I just wanted to at least highlight that. I will ask the Senator to close, and we can move on.
- Scott Wiener
Legislator
Thank you, Madam Chair. The feeling is mutual, and I appreciate all the many areas where you and I are in very strong agreement. And no one's going to agree on everything, and obviously we have a disagreement here, which I respect. I do just want to say, first of all, I really appreciate the detailed, thoughtful conversation today.
- Scott Wiener
Legislator
I always—there's so much cynicism about elected officials in the United States, in 2025, and people have a lot of perceptions, and I always try to convey to my constituents, no, like you should come and listen to one of our hearings. There's—people give a lot of thought to these issues and try to do the right thing.
- Scott Wiener
Legislator
Agree or disagree. I do just want to say, I think what fuels segregation is when we have the land use patterns around some of our transit stations that we have now, like as I mentioned before, if the only way you're allowed to live within walking distance of a BART station is to be able to buy a $2 million home, that is segregation.
- Scott Wiener
Legislator
This Bill will reduce segregation by allowing more people, and more kinds of people, to be able to live near transit. This is absolutely a pro-affordable housing Bill. I just fundamentally dispute that. I strongly disagree with the claim, by one of the lead witnesses, that this overrides local inclusionary. That's false. This honors local inclusionary.
- Scott Wiener
Legislator
I also want to note, in terms of labor standards, that this does not, in any way, pull back on labor standards. And all of these parcels are eligible for SB 423, which triggers labor standards. So, this is a good Bill. This is a pro-housing Bill, a pro-affordable housing Bill, and a pro-transit Bill.
- Aisha Wahab
Legislator
Thank you. Do we have a motion? Senator Arreguin moves the Bill.
- Aisha Wahab
Legislator
So, that Bill is on call and I'm going to call a recess. Thank you.
- Christopher Cabaldon
Legislator
Housing Committee sounds so much more fun when you say it. All right, I'm going to reconvene the Senate Housing Committee and proceed to item 13, which is SB 681 by Senator Wahab.
- Aisha Wahab
Legislator
Thank you. So SB 681 will address issues of housing affordability through a variety of mechanisms that focus on homeowners, renters, housing development, and the preservation of housing.
- Aisha Wahab
Legislator
This is a large bill, hopefully aimed at targeting very specifically our affordability issues, as well as some of the other concerns that many individuals and residents have brought forward in the past couple of years. The 2008 financial crisis set off a chain reaction that we are still recovering from today.
- Aisha Wahab
Legislator
Homeownership rates peaked in 2006 at 60.2% and then dramatically dropped starting in 2007. As of 2024, the homeownership rate in California was 55.3%. Private equity firms purchased en masse foreclosed homes and new development, creating a renter state and making the American Dream harder to attain.
- Aisha Wahab
Legislator
I want to highlight that 94% of Americans, both Republicans and Democrats, believe that home ownership is the American Dream. Over 25% of single family renters who had owned their home previously are now renting due to foreclosure. In fact, I am one of them.
- Aisha Wahab
Legislator
For at least a year now, NPR has been reporting on the rise of zombie mortgages, second mortgages forgiven during the loan modification process, but then sold to debt collectors who are now threatening foreclosure on these unpaid loans. We're also tackling something else.
- Aisha Wahab
Legislator
Considered rare up to the 1960s, HOAs are now everywhere and through a combination of assessments and fines, driving up costs on homeowners. As for renters, one in six middle class renters in California are now spending over half their income on housing. SB 681 addresses all of these issues, plus more.
- Aisha Wahab
Legislator
SB 681 closes loopholes in the Permanent Streamlining Act, makes permanent the Housing Accountability Act and the Housing Crisis Act, and prioritizes affordable housing units for California's multifamily seismic retrofit program. This bill robustly addresses the three Ps of housing production, preservation, and protection, which are all needed to address the housing and affordability crisis.
- Aisha Wahab
Legislator
Finally, SB 681 quadruples the renter's tax credit and increases parity with the the deductions of homeowners that homeowners receive. I'm also committed to continuing engagement with stakeholders on this Bill.
- Christopher Cabaldon
Legislator
All right, thank you, senator. Are there witnesses, lead witnesses in support? SB 681. Lead witnesses in opposition?
- Embert Madison
Person
Good afternoon. Good afternoon, Madam Chair and committee members. My name is Embert Madison, on behalf of the California Apartment Association, We represent over 60,000 property managers and rental housing providers throughout the State of California. We have opposed, we have an opposed unless amended position, and here are our reasons for that position.
- Embert Madison
Person
While SB 681 includes a number of provisions that CAA has supported in the past and continues to support, such as an increase to the renter's tax credit and pro ADU policies, it also includes provisions that will make it harder for rental property owners to operate their housings.
- Embert Madison
Person
First, of which, SB 681 would prohibit landlords from charging any fee not specified in the rental agreement, which would include processing fees charged by banks or optional fees. Optional fees for services that tenants themselves may elect to use, such as laundry service, the gym at the property, and other convenient services that a tenant themselves chooses to consume.
- Embert Madison
Person
These fees are not punitive, nor are they hidden, but instead they give tenants the ability to manage and reduce their own expenses. Such a bright line prohibition would not reduce the overall cost of housing. Instead, it would reduce transparency and cause an overall increase of rent for everyone.
- Embert Madison
Person
Additionally, SB 681 would amend existing law relating to the costs and process of screening rental housing applicants. The bill seeks to stop landlords from obtaining personal reference checks and gathering information concerning the applicant without any rationale as to why this should be the case.
- Embert Madison
Person
The screening fee law has been heavily negotiated over the years and is one of the only tools left, mom and pop landlords have to ensure that their biggest investment will be taken care of. SB 681's limit on this law is unnecessary. So in some CAA strongly supports transparency in how fees and charges are advertised and communicated.
- Embert Madison
Person
We believe tenants should have a clear understanding of their total housing costs, including any fees, both when reviewing listings and at the time of signing a rental agreement. This is the approach we encourage the author to pursue with the fee language included in the bill, should these provisions remain. Thank you for your consideration.
- Louie Brown
Person
Good afternoon, Mr. Chair, members of the committee, Louie Brown, here today on behalf of the Community Associations Institute, California Legislative Action Committee, speak on behalf of more than 55,000 homeowners associations in the state. We are opposed to the section of the bill that would limit the cap or place a cap on fines.
- Louie Brown
Person
Fines are supposed to be deterrent to violate rules that members of an association have signed and agreed to when they moved into the association. Capping those fines at $100 for any fine in the State of California is just not reasonable. As it was stated earlier in this committee, there's not one size that fits all for associations.
- Louie Brown
Person
And it's same with violations. There might be parking violations which we can talk about, but then there's life safety issues that people get fined for. There's nuisance issues. We as the association, if we're approached by a member who is being harassed by another member of the association, must engage in that situation. We engage generally with with fines.
- Louie Brown
Person
And if those fines don't work, then we move on to other matters. $100 fine is not going to deter anyone. Same with the VRBO. We have associations around the state, individuals who can rent a house for $1,000 a night in violation of the HOA's rules.
- Louie Brown
Person
If we were to fine them $100, they will pocket the 900 and continue to violate the rules. So we would like to continue the conversation with the author of the bill. Maybe there's a reasonable middle ground where we can get to certain fines that fit certain associations, but a blanket one size fits all cap at $100 per fine just simply doesn't work. And we're asking for a no vote today. Thank you.
- Christopher Cabaldon
Legislator
All right, thank you. So next we'll move to me's and me too's. Does anyone wish to provide testimony to the committee? Just please identify your name, your affiliation, if you have one, and your position on the bill. Oh, for both support and opposition. Yes.
- Raymond Contreras
Person
Good afternoon, Mr. Chair and members, Raymond Contreras with Lighthouse Public Affairs on behalf of SPUR and Abundant Housing with a respectful oppose unless amended. We would like to see this portion related to bundled parking amended out. Thank you.
- Brooke Pritchard
Person
Brooke Pritchard on behalf of California YIMBY and Streets for All, opposed unless amended. Echoing the previous speaker's concerns.
- Jennifer Wada
Person
Jennifer Wada on behalf of the California Association of Community Managers. We're also opposed specifically with respect to section 6 of the bill and we would echo the concerns of the Community Associations Institute, Mr. Brown. Thank you.
- Jordan Grimes
Person
Good afternoon. Jordan Grimes on behalf of Greenbelt Alliance. Also in respectful opposition with regard to the parking requirement. Thank you.
- Kimberly Lilley
Person
Kimberly Lilley pronouns she/her, CAI, in opposition unless Louie can work something out with the author.
- Terri Guest
Person
Terri Guest on behalf of CAI, agree with Louie. Oppose unless amended.
- Unidentified Speaker
Person
Excuse me committee, just ran from the swing space and I was wondering if there's an opportunity to give a longer opposed testimony or if you guys have moved on from that point.
- Christopher Cabaldon
Legislator
We have. We've already heard from our two lead witnesses in opposition.
- Unidentified Speaker
Person
Oh, I'm sorry about that. So Streets for All opposed unless amended specifically around the unbundling portion of the bill. Thank you.
- Christopher Cabaldon
Legislator
All right. Seeing no further testimony, let's return it to the committee. Are there questions or comments from members of the committee?
- Rosilicie Ochoa Bogh
Legislator
I would appreciate giving the author an opportunity to address some of the concerns that were expressed you, including the parking, the fine caps that are included in this bill.
- Rosilicie Ochoa Bogh
Legislator
And I do want to say, you know, especially with the Homeowners Association, speaking as a realtor, practicing and selling, one of the number one requirements or you know, our requirement as realtors is to ensure that when someone purchases a home they have full disclosures as far as, you know, environmental, you know, the homeowners documents that they should see.
- Rosilicie Ochoa Bogh
Legislator
But all of that is actually, you know, skimmed through, given to the, the potential residents to review and literally sign. And once you. This is what I share with people, you know, Homeowner Association communities is not for everyone. Right?
- Rosilicie Ochoa Bogh
Legislator
It's, it's a lifestyle choice and I think that's the American way is actually having choices about where and how you would like to live as far as your community goes.
- Rosilicie Ochoa Bogh
Legislator
And I have a really hard time when we come in and actually, you know, say this is what the HOA is going to do or you should do, dictate direct what they should be doing. Because residents don't have to live in these communities. We have options.
- Rosilicie Ochoa Bogh
Legislator
And so folks that actually come and agree and sign to live by these homeowner associations. I don't like the fact that I can't have chickens in my community, but I respect it. You know, I followed, I signed. You know, I would love to have fresh eggs, you know, in my, in my backyard every morning. But I chose to live in this community that doesn't allow to have farm animals in our, in our association.
- Rosilicie Ochoa Bogh
Legislator
So I have a hard time when the state comes in and says, hey, this is what you're going to be required to, you know, charge this is what you're not allowed to do in your community when these residents, by matter of fact, you know, as a matter of fact choose to live in these communities.
- Rosilicie Ochoa Bogh
Legislator
And so I, I would love to give you an opportunity to express as to why you think that this is necessary for the state to come in when literally pre designed, pre scripted, you decide to live in this community. Why should the state come in and say, hey, this is what you need to do?
- Aisha Wahab
Legislator
Definitely, I appreciate the opportunity. First and foremost, as we stated, this bill is a work in progress. This is a very large bill tackling a lot of the issues that residents face. We are tackling the issues that renters face, issues that homeowners face, issues that people face with HOAs.
- Aisha Wahab
Legislator
I do want to highlight that we are obviously in conversation with both of the opposition groups that have talked here, as well as some of the others. First and foremost, there are fees on how high your grass is. Right? You are charged a fee for that. You are charged a fine for.
- Rosilicie Ochoa Bogh
Legislator
Which, quite frankly, I'm okay with. Some people don't mow their lawns.
- Aisha Wahab
Legislator
so, understood. But some HOAs, and let's be very transparent about this, don't all operate. They are a pseudo council in so many ways for that small community of homeowners.
- Aisha Wahab
Legislator
And they don't all have the transparency or even the information of how, you know, they can potentially seek funding, support, some of the infrastructure changes, support, you know, what are their legal requirements and much more so even when we're talking about renters and multifamily complexes. Right?
- Aisha Wahab
Legislator
You are still allowed to evict when somebody has failure to pay. When there is, you know, harassment between two neighbors, when there are all of these other options, there's so many options that the property owner can say, okay, you know, you're a bad actor, you're behaving poorly. Here is the punishment.
- Aisha Wahab
Legislator
We believe that that same criteria should apply to HOAs. Right? So for example, harassment was mentioned, some of the fines and things like that. So we're more than happy to continue the discussion. But we also want to rein in what HOAs are doing. And they're doing things differently in every single city. Right? So we're just trying to rein that in and put it in within a framework that is possible.
- Aisha Wahab
Legislator
As far as parking and I think that this is the thing that is often talked about. You know, we are talking about AB 1317, is that if we unbundle parking from rent, it illuminates how much, you know, it has illuminated how much a vehicle ownership cost by charging for parking.
- Aisha Wahab
Legislator
Then we'll have a greater spur of public transit and, you know, as the primary source of travel. Proponents of this policy do cite that low income individuals without vehicles pay for higher rent costs due to bundled parking. However, the state has already acted on legislation for affordable housing developments to reduce or eliminate parking for affordable housing developments.
- Aisha Wahab
Legislator
Right? Multiple bills. And these properties are supposed to be in proximity to public transit. The most basic requirement is to ensure that transit oriented development works, is the quality of the transit system across the state.
- Aisha Wahab
Legislator
However, I also want to highlight the fact that people still drive, whether it is, you know, public transit on Monday through Friday and then on the weekend they utilize their vehicle.
- Aisha Wahab
Legislator
And, you know, we're not subscribing to, you know, somebody driving a Ford F150 pickup truck that for the last 30 years was the number one selling car in America or an EV. Right? The reality is you still need to park. And we are not seeing unbundled parking from single family home development. We're seeing it in multifamily complexes.
- Aisha Wahab
Legislator
We're seeing it where people are already burdened with a significant amount of cost. You know, rents that change year over year significantly and these additional fees that did not exist five to ten years ago.
- Aisha Wahab
Legislator
In fact, some of the fees are for, hey, we have a gym, you may never use it, but you're going to pay this fee. We have a swimming pool, you may never use it, but you're going to pay this fee. We have pet fees that are on a monthly basis.
- Aisha Wahab
Legislator
We have a parking fee that is on a monthly basis. We have all of these fees in addition to security deposits, in addition to a lot of other things. And there has not been clear opt out options for, for example, my father who's pushing 70, that will never necessarily go to a gym. Right?
- Aisha Wahab
Legislator
Even if it's right next door to him. Right? So this bill is primarily, again, just trying to rein in some of the junk fees that we are talking about. They are still able to charge a fee, but it is again having this framework of safeguards which I think is very much needed in the housing space.
- Aisha Wahab
Legislator
You know, you also mentioned that the state shouldn't necessarily, and I wish this thought process was across the board in that sense, shouldn't come in and tell a community what to do. Right? And that's not what we're doing with this bill either. Right?
- Aisha Wahab
Legislator
We are saying that we believe it is up to the local city as well as, you know, the language in the CCNRs. Right? And the HOA as a whole and what they end up voting on and so forth.
- Aisha Wahab
Legislator
But there are safeguards for the resident not to be taken advantage of and not to be gouged with all these prices. So there's a number of different things. But again, we are very much committed to working with all stakeholders to address some of the concerns.
- Rosilicie Ochoa Bogh
Legislator
So on that front, I do want to, I do want to highlight the fact that many of these communities actually have the ability to have boards and many do have boards where community members can be a partake, can partake of these boards. And help make the decisions that affect those communities.
- Rosilicie Ochoa Bogh
Legislator
Because it sounds like the way that state is coming in and directing and stating what they have to do makes the assumption that not all of these communities have a board in which they can have access to making directions on what the community will allow or not allow.
- Rosilicie Ochoa Bogh
Legislator
As a matter of fact, we have a place here that has an association. The fees have been going on or going up quite significantly these past four years. And it bothers me that I don't have the time to actually attend the meetings to help make those decisions.But the opportunity is there.
- Aisha Wahab
Legislator
It is. And to your point, it is an equity issue. Right? So some committees will, or HOAs will meet at noon. Right? And if you're a working person, you're not able to do so.
- Aisha Wahab
Legislator
There have been some studies that showed that HOAs are largely for those that are potentially retired, have more affluence of time and are able to commit to those efforts. We are again trying to address some of the issues and I want to highlight this in my own district, that people were hit with assessments and fines.
- Aisha Wahab
Legislator
And again, when you have an HOA, you have a community that you are supposed to invest into, right? So whether it's the tall grass or a roof or things like that, and we want to protect as much as we can and make sure that people understand where they can get funding from, how they can participate and things like that.
- Aisha Wahab
Legislator
However, again, we are just addressing that you can still be fined, but we're also going to limit those fines to some degree, which is still in conversation. We're happy to continue our conversation, but I do just want to highlight, you know, the concerns there.
- Christopher Cabaldon
Legislator
Thank you. After I left City Hall as mayor, I voted in my first election for the Architectural Review Committee for my association and was surprised to learn a week later that I had been elected even though I wasn't a candidate.
- Christopher Cabaldon
Legislator
And I was horrified because my only experience was an X Files episode which basically posited that HOAs were possibly a conspiracy by aliens to control human life and take over the planet. Which after being mayor was not the gig I was signing up for.
- Christopher Cabaldon
Legislator
So I appreciate that some of the issues that have been raised, and I mean, I think they are legitimate things like the pool and the gym, like at some point like to install those in the first place. If you, if they're new to the association, you're making a capital expense.
- Christopher Cabaldon
Legislator
You got to show the bank that you have a steady source of revenue. And so allowing opt outs after that is problematic. So the weeds can be a fire hazard, all those. So these are real issues. And I, but I also appreciate that this is a work in progress and the author's doing a lot of work in order to get it in shape. The area that is the biggest concern for me, and we've talked about it, is the issue of unbundled parking. I'm a strong supporter of the unbundling.
- Christopher Cabaldon
Legislator
I think it's important to keep rents low for everyone that isn't driving, first of all. But second, that when the parking is bundled, everybody demands it because they're not bearing any cost of it directly.
- Christopher Cabaldon
Legislator
They've already paid for it basically in their rent, but so has everyone else, which puts pressure on the developer to build more parking than they should. So it's very difficult. I know we built a bunch of projects in my own community.
- Christopher Cabaldon
Legislator
It's very hard to hit your climate standards and everything else with the bundling, when bundling was the issue. So I think I do agree with the opponents on that issue. I know you're working on that one as well. So with those two caveats, though, I am supportive of the bill.
- Christopher Cabaldon
Legislator
And this is an example of legislation that emerges when the Legislature is broadly representative of California in different ways. And the Senator's lived experience in this space has provided a lot of profound insights and sort of willingness to take on issues that otherwise had been taken for granted, were somebody else's problem.
- Christopher Cabaldon
Legislator
So I very, very much appreciate where this is coming from and the urgency that's here and the commitments to continue to work forward to make sure that this is affordable for all. So thank you. I now invite you to close. All right, so is there a motion on the Bill? I'll move it.
- Christopher Cabaldon
Legislator
Oh, sorry, we're not moving to votes yet, are we? We can. Okay. All right, so I'll move the bill and. Okay. All right, so Senator Ochoa Bogh moves the bill. And would you please call the rule.
- Aisha Wahab
Legislator
Thank you. That bill is on call. We are going to move on to Senator Wiener. File item three, SB 677. Two seconds. All right.
- Aisha Wahab
Legislator
All right. We are going to lift the call or—we need a motion on File Item 1, SB 16, by Blakespear. Senator Cabaldon moves the Bill.
- Aisha Wahab
Legislator
Okay, that Bill's on call. We have File Item Number 2, SB 79, by Senator Wiener.
- Aisha Wahab
Legislator
All right, that Bill is on call. We're going to move on to File Item Number 4. If we can get a motion. Moved by Senator Cabaldon.
- Aisha Wahab
Legislator
All right, that Bill's on call. We're going to move on to consent, File Item Number 9, SB 410.
- Aisha Wahab
Legislator
All right, that Bill's on call. We're gonna move on to get a motion for File Item 11, by Senator Durazo, SB 838.
- Aisha Wahab
Legislator
That Bill's on call. Can we get a motion for File Item Number 12, SB 625, Senator Wahab.
- Aisha Wahab
Legislator
All right, that Bill's on call. We're going to move on to File Item Number 3, SB 677. Senator Wiener, whenever you're ready.
- Scott Wiener
Legislator
It's all out of love. Okay. Thank you. Madam Chair, colleagues, I'm here to present Senate Bill 677. I want to clarify a few things. SB 677 makes several changes to the lot split provisions of SB 9. My intention is for these lot splits to only apply on single family zones or lots allowing for fewer units.
- Scott Wiener
Legislator
It's not my intent to allow lot splits on mixed use or commercial projects, and I'm happy to make clarifying changes to that effect. That issue has been brought up. In addition, SB 677 removes the prohibition on using SB 9 on adjacent lots.
- Scott Wiener
Legislator
My intent with this change is to combine adjacent lots to allow them to be combined to unlock additional housing opportunities such as townhome design, et cetera. This helps spread fixed costs across more units and lowers the price of each home. In addition, SB 677 prohibits imposing deed restrictions on SB 9 projects up to four units.
- Scott Wiener
Legislator
My intent is to make sure that these units can pencil out these small projects. Recent opposition argues that these two changes together about adjacency and the affordability will result in no deed restrictions on massive projects when everything's combined. That's not my intent. And we will be working on amendments to make very clear that combining into a large project will not take these projects out of any kind of affordability requirements.
- Scott Wiener
Legislator
In addition, I have indicated I know to various individuals right now, SB 9 removes the owner occupancy requirement, which has been probably the main impediment to implementing SB 9, that we're going to reinstate a version of owner occupancy.
- Scott Wiener
Legislator
So that there has to be one of the units has to be owner occupied, but it can be by any owner, not only by the person building the project. We don't in, in the year 2025, most people are not building their own homes. So anyway, I wanted to just start with that because I know that there are.
- Scott Wiener
Legislator
This is a complicated bill and various issues have been raised, including around impact fees, and we're very flexible on those. Unfortunately, in this committee, we have just a disagreement with the Chair on the bill itself, but we are committed to working on these issues. So back to the top, colleagues. SB 677 strengthens and improves two landmark laws in California, SB 9, authored by our former leader, Senator Atkins, which her bill signed into law.
- Scott Wiener
Legislator
And thank you to her for that groundbreaking work. Required ministerial approval for duplexes and lot splits in single family zone districts statewide. And then also improvements to a law that I authored, Senate Bill 423 in 2023, which extended the sunset on Senate Bill 35, a major streamlining law in the state, and enhanced the streamlining provisions in that bill.
- Scott Wiener
Legislator
SB 9 and SB 423 are both very important. We want them to work as well as possible. SB 9 in particular, which is such a big step forward, it's not been implemented, I think, as much as many of us, and I say this as a joint author of that bill, as many of us had hoped. Too few applications have been submitted. For example, it's been in effect for, I think, several years now. There have been 37 SB 9 applications in San Jose, 32 in San Francisco and 5 in Oakland. Those are just examples.
- Scott Wiener
Legislator
So SB 677 builds on SB 9 by strengthening it, and it does so in various ways. Including now altering the owner occupancy requirement that I just mentioned and several other changes as well around some tools that some cities are using to prevent the implementation of SB 9.
- Scott Wiener
Legislator
SB 423 has been in many ways a very successful streamlining law, but it can be more successful. And so we have, are proposing several changes to it to have an every two year evaluation instead of every four years, which means more cities would come in to SB 423 streamlining and they would also more quickly exit if they are meeting their RHNA goals.
- Scott Wiener
Legislator
We also propose changing the 50% inclusionary requirement for certain cities to 20% because 50% inclusionary works in only very rare bespoke projects. And so, colleagues, I think these are good improvements to both of these landmark housing laws. I understand that in conversations with various members there are different issues and questions.
- Scott Wiener
Legislator
And this bill, we are committed to continuing to work on it. And we, we really want to get it right. But I think we're off to a good start with the bill in print and we'll continue that work. With me today to testify are Keith Coolidge from AARP California and Donovan Adesoro, the head of development at BuildCasa.
- Keith Coolidge
Person
Good afternoon, Madam Chair and members. My name is Keith Coolidge and I am a volunteer with AARP's Capital Response Team. And I'm here today to speak on behalf of our 3.2 million members in California, many of whom are on fixed and low income. We appreciate the opportunity to explain why SB 677 is a top priority for AARP.
- Keith Coolidge
Person
At AARP, we believe that people of all ages and abilities need and deserve safe, decent, affordable, and accessible housing that will enable them to continue to live in their homes and in their communities as they age. By 2030, fully 1/4 of Californians will be over the age of 60.
- Keith Coolidge
Person
We've not only seen a rise in the number of older Californians, but also a dramatic increase in the percentage of Californians over 50 who are homeless, many for the first time. AARP receives frequent calls from members worried about the high cost of housing in California and is forcing their support networks of family, friends, and caregivers to move out of state.
- Keith Coolidge
Person
Many people my age in their 70s and 60s are actively looking for ways to provide affordable housing for their grown children, ways that would allow them to stay close and not force them to move to different parts of California or even out of state. SB 677 empowers individuals like us to use our current properties to help meet evolving needs of future generations.
- Keith Coolidge
Person
For years now, AARP is actively engaged in supporting solutions to our housing crisis, such as championing legislation, SB 9, to allow building more duplex housing and legislation that permanently removes certain affordable housing developments from the oversight of local governments that have failed to meet their regional housing needs assessments, SB 423.
- Keith Coolidge
Person
Unfortunately, even with the passage of these landmark bills, more needs to be done, in part due to impediments put in place by local governments that prevent their full implementation.
- Donovan Adesoro
Person
Good afternoon, Chair and members of the committee. My name is Donovan Adesoro, Head of Development at BuildCasa, a small scale developer, here as a proud supporter to speak in support of SB 677. After starting my career as an engineer in Houston, Texas, I was able to buy a duplex just a year out of college.
- Donovan Adesoro
Person
And I was able to do that because the rent from the other unit helps offset the mortgage. I leveraged Houston's straightforward permitting timelines and low fees to develop over 30 projects in Houston, largely duplexes that were sold to first time home buyers.
- Donovan Adesoro
Person
Last year I moved to California after reading about SB 9 and SB 684 to attempt to replicate the same thing. Bring starter homes to first time home buyers in California, in the state where it's arguably needed the most. Splitting a property into two to create new home ownership opportunities should be a relatively straightforward process.
- Donovan Adesoro
Person
Unfortunately, it takes about 12 months to do so in California and it costs about tens of thousands of dollars in consultants, impact fees, and parks fees. With the current lot split restriction, limited owner occupants, only well off homeowners can afford to spend the 50,000 to 60,000 dollars out of pocket that they have to have out for at least a year in order to complete complete the subdivision.
- Donovan Adesoro
Person
SB 677, among other fixes, addresses this key issue that is preventing small local builders like myself from using SB 9 to bring gentle homeownership supply and slow down the spikes, the spike in rents and housing prices. For these reasons, we request that we support SB 677. Thank you.
- Bernice Krieger
Person
Kind of short. Good afternoon, Madam Chair and Members. Bernice Jimenez Krieger, on behalf of Gen Zvec Williams, with the California Association of Realtors. Our main opposition to this Bill focused on the elimination of safeguards enshrined and statute that prevent gentrification in ethnically diverse communities.
- Bernice Krieger
Person
SB 677, as proposed to be amended, will eliminate key protections, agreed upon only a few years ago, in 2021, under SB 9.
- Bernice Krieger
Person
These protections, that were a result of carefully negotiated owner occupancy requirements, that were added to ensure that lot splits were directly benefited by individual homeowners, not investors, in order to provide homeowners opportunities and to create new pathways to generational wealth, through property ownership.
- Bernice Krieger
Person
Especially for traditionally under-resourced communities like Altadena, which as we all know, was recently ravaged by the Fires. Local governments currently have a clear mechanism to verify whether someone has complied with the law using public records. Under SB 677, the process becomes unenforceable.
- Bernice Krieger
Person
There's no way for a city to track whether the investor who submits an affidavit actually follows through. That is not a guardrail, that is a loophole. Let's be clear. Families trying to purchase a home cannot compete with an all-cash investor offer.
- Bernice Krieger
Person
If we remove owner occupancy safeguards, we open the door for reit—hedge funds and developers—to dominate our single-family neighborhoods. Communities, again, like Altadena, which are already recovering from wildfires, they could be hit again, but this time by speculative gentrification.
- Bernice Krieger
Person
SB 677 will accelerate the erosion of homeownership opportunities, especially for communities of color, and will widen California's wealth gap. The author's proposed amendments do not solve these problems, and they further exacerbate them. For these reasons, we respectfully urge a "No" vote on SB 677. Thank you.
- Jeremy Smith
Person
Sorry, my stopwatch. Sorry. Thank you. Thank you, Madam Chair, Members of the Committee. Jeremy Smith, here on behalf of the State Building and Construction Trades Council of California.
- Jeremy Smith
Person
Here in opposition today. We believe that SB 677 preempts local development standards, weakens environmental and building standards, and lessons affordability requirements and labor standards for a variety of housing developments throughout California. While we support laws that solve the homelessness crisis, eliminating objective standards and permitting process are not pathways to achieve this goal.
- Jeremy Smith
Person
And given that there are already more than 60 government code and SQL provisions implementing streamlining or exempting infill housing, it's time to ask whether the problem is permitting, or whether it is the profit motive by developers seeking more and more exemptions and still not building housing.
- Jeremy Smith
Person
Regarding labor standards, I wouldn't be me if I wasn't talking about labor standards, I will let my comments from SB 79 this morning suffice. Those are the same comments I have here, but I just wanted to give folks a little context about why those are important to us.
- Jeremy Smith
Person
When a developer's trying to get permitted for housing and they have to stop at a, at a, at a Planning Commission or a City Council or County Board, that's a space for our members in the local level to show up and advocate for the workers who are going to build the housing. That's one person's hurdle.
- Jeremy Smith
Person
It's another person's opportunity to advocate, to make sure that we're not building housing on the backs of minimum wage workers in the underground economy. I will conclude with a—with this fact—that was uncovered for me earlier today. In 2010, there were 43,000 housing building permits pulled, for both single and multi-family projects, during a recession.
- Jeremy Smith
Person
Remember 2010, we were in recession. In 2023, there were 105,000—a 143% increase in building permits, even though the state's population only increased 5.38%, and CEQA was in place then, as it is now.
- Jeremy Smith
Person
It makes us wonder if other economic factors, like the price of land, profit, and developers sitting on projects, speculatively are getting in the way of building what we all agreed that we need. For those reasons, we urge a "No" vote. Thank you.
- Aisha Wahab
Legislator
Thank you. Can we have "Me Too's" line up, both in support and opposition of the Bill? Please state your name, your organization, whether or not you support this Bill. No other comments please.
- Jonathan Clay
Person
Good afternoon, Madam Chair. Jonathan Clay, on behalf of the City of Encinitas, in opposition.
- Silvia Shaw
Person
Good afternoon. Sylvia Solis Shaw, here on behalf of the City of West Hollywood, in strong support. Thank you.
- Aaron Avery
Person
Good afternoon, Madam Chair. Aaron Avery, with the California Special Districts Association. Respectfully opposed. Thank you.
- Louis Brown Jr.
Person
Good afternoon, Madam Chair, Members of the Committee. Louis Brown, on behalf of the Community Associations Institute, in opposition.
- Brendan Regulinski
Person
Good afternoon, Madam Chair. Brendan Regulinski, for Abundant Housing Los Angeles, in support.
- Allie Saberman
Person
Hi, I'm Allie Saberman. I'm a San Jose Housing Commissioner and I'm here on behalf of the Housing Action Coalition. We're not only in support of the Bill, but a proud co-sponsor.
- Katherine Charles
Person
Katherine Charles, on behalf of the Chamber of Progress, in support.
- Sosin Madden
Person
Sosin Madden, Abuse Strategies, here on behalf of California YIMBY, Circulate San Diego, and the over 1,000 constituents that signed a letter in support. Thank you.
- Raymond Contreras
Person
Raymond Contreras, with Lighthouse Public Affairs, on behalf of Spur Abundant Housing Los Angeles, Habitat for Humanity California - Fieldstone, in support.
- Brandon Powell
Person
Brandon Powell, San Francisco's District 9 Neighbors for Housing, in support.
- Ryan O'Connell
Person
Ryan O'Connell, on behalf of Napa Solano for Everyone, in support.
- Kyra Ross
Person
Good afternoon. Kyra Ross, on behalf of the Marin County Council of Mayors and Council Members, in opposition.
- Harrison Linder
Person
Harrison Linder, on behalf of Leading Age California, in support.
- Joseph May
Person
Joseph Cohen May, on behalf of the Los Angeles Housing Production Institute, in support.
- Bob Naylor
Person
Bob Naylor, on behalf of Fieldstead and Company, that's Howard Amundsen Jr., an Orange County pro-housing philanthropist, in support.
- Martin Vindol
Person
Martin Vindiol, on behalf of the California State Association of Electrical Workers, the California State Pipe Trades Council, and the Western States Council of Sheet Metal Workers, in opposition.
- Jason Schmelzer
Person
Jason Schmelzer, on behalf of the City of Beverly Hills, in respectful opposition.
- Brian Augusta
Person
Brian Augusta, on behalf of the California Rural Legal Assistance Foundation, Public Interest Law Project Public Council, and Western Sarin Law and Poverty, in opposite—opposed unless amended. Thank you.
- Natalie Spivak
Person
Natalie Spivak, with Housing California. We currently have a concerns position over the lowering of the SB 423 affordability threshold. Thank you.
- John McDowell
Person
John McDowell, Community Associations Institute, and also a homeowner in my own senior project in Oceanside, California, in opposition.
- Don Wilcox
Person
Don Wilcox, with the California Conference of Carpenters, in support. Thank you.
- Jonathan Cook
Person
Jonathan Cook, with the Sacramento Housing Alliance, with concerns around the lowering of affordability levels. Thanks.
- Brady Guertin
Person
Good afternoon, Chair and Members. Brady Guertin, on behalf of the League of California Cities, in respectful opposition, as well as the California State Association of Counties. Thank you.
- Louis Morante
Person
Louis Morante, on behalf of the Bay Area Council, in support. Thank you.
- Kobe Pizzai
Person
Madam Chair and Senators, Kobe Pizzati, on behalf of the California Association of Recreation and Parks Districts, the cities of Carlsbad and Corona, in respectful opposition.
- Sri Vijayaraghavan
Person
Sri Vijayaraghavan, on behalf of Growth Richmond, in support.
- Noor Delano
Person
Noor Delano, speaking on behalf of San Luis Obispo County YIMBY, in support.
- Evan Cragin
Person
Evan Cragin, on behalf of House Sacramento and Council Member Katie Maple of Sacramento, in support.
- Pam Richardson
Person
Pam Richardson, Community Associations Institute. We oppose this.
- Leora Ross
Person
Leora Tanjuatco Ross, Peninsula for Everyone and Santa Rosa YIMBY, in support.
- Aisha Wahab
Legislator
Thank you. Do we have Members of the Committee that would like to speak on this matter? Senator Seyarto.
- Kelly Seyarto
Legislator
There's a reason SB 9 is not being implemented the way they wanted it, because it's really impractical. When you start looking at the infrastructure requirements, especially in communities that were master planned, well planned, and the housing developments were planned around the sewer lines, the size of sewer lines, how much capacity is for those things, the water infrastructure, the school's infrastructure.
- Kelly Seyarto
Legislator
When you add all of that up and then look at the practicality of a lot split. If, theoretically, in my neighborhood, I'm probably one of the lots that can do a lot split even twice because I live adjacent to a cul-de-sac. So, I got a long backyard. But that doesn't improve access to the back area.
- Kelly Seyarto
Legislator
And in order to improve access, somebody would have to come in, buy my property and then tear it down and then build three smaller lots, with a driveway up the side. That invites one of the issues that was brought up by the opposition.
- Kelly Seyarto
Legislator
Now, you're taking neighborhoods where people are owning homes and you're actually allowing people to buy our private equities to buy up these homes in neighborhoods, where people are supposed to be purchasing. And then, they wind up making that neighborhood even less attractive for the people that are already there, and it also lowers their property values.
- Kelly Seyarto
Legislator
We're already, and the communities that I represent in Riverside County, all higher growth communities, at one time, or the fastest growing communities, at one time, in the last 20 years.
- Kelly Seyarto
Legislator
And in those communities, with the laws that we already have created in the last three or four years, they are already struggling because the apartment growth, the high-density growth, is happening on one side of the city.
- Kelly Seyarto
Legislator
And so, it's over impacting schools on that side and it is completely disrupting the plans that have been done for these communities. And to your point, what happens when that occurs is people that are in the existing community have a couple of choices. They can either sit there and take it, or they can get up and leave.
- Kelly Seyarto
Legislator
I'll tell you, they are getting up and leaving, because they are taking their pensions, they are taking whatever it is they got and, and they're going to other states. I see it all the time. It's happened six times on my block alone, just because their kids moved out of the state.
- Kelly Seyarto
Legislator
This sounds pretty easy, but it's not. Doing a lot split, you have to do the engineering, you have to do the—you have to improve the sewer lines on the property, because now you're taking two.
- Kelly Seyarto
Legislator
And in this particular one, I believe you're increasing the size of the property that can go on the lots, or the lot split to a 1750 square foot house, because that's a full family and that's adding to the school district and that's adding to the other things.
- Kelly Seyarto
Legislator
So, I think those are more of the reasons that people aren't taking advantage of SB, because it's just impractical. So, there are a myriad of other problems with some of our approach to our housing development. And one of them is, we are not addressing the issue. I mean, we keep—people keep blaming local governments for this issue.
- Kelly Seyarto
Legislator
This is a state issue. This is a long running compilation of state regulations that have made building anything really, really difficult.
- Kelly Seyarto
Legislator
And so, in this particular instance with housing, if we don't start doing something about the bigger process that the state has created for the cities to follow, instead of just piling a bunch of mandates on the communities to just try to implement and then deal with the aftermath, which is what some of them are doing now, and there's a tremendous amount of pushback for that.
- Kelly Seyarto
Legislator
Our policies are now ruining people's lives. They're ruining their lives, because that's not what they signed up for. That's not why they chose to commute for 60 miles for 30 years to a job, so they could live in a community that they want to live in.
- Kelly Seyarto
Legislator
And so, right now, in our efforts to try to bolster housing in highly urbanized areas and applying a one-size-fits-all to all of California, we are ruining those communities and their attractiveness. And when you do that, you lose, you lose your taxpayers and that's who ultimately is going to leave.
- Kelly Seyarto
Legislator
And if they leave, our revenues go down and we continue this spiral. And that's what my concerns are. So, it's a little too late for my family. My kids left a month ago, both high paying jobs in LA.
- Kelly Seyarto
Legislator
They left because they could see that this is not going to be the type of environment that they want to raise their child in—my grandson. And it's sad. We have to fly now. We have to fly and that's okay. I'll fly the two hours. Huh? I know, I got Southwest Miles. Thank God. I just got back.
- Kelly Seyarto
Legislator
So, anyway, that's the reason I oppose these, is because we are not attacking the problem, we are throwing a bunch of solutions at—and then, we don't even wait for those solutions to happen, to see what the full effect are, before we start piling even more stuff on. We need to take a break.
- Kelly Seyarto
Legislator
We need to see how this is truly coming out because right now, it doesn't look so pretty, out in my area. And you got to see how those private equity firms are buying up these huge properties and then only half of it gets rented and the rest of them are sitting vacant. Why is that?
- Kelly Seyarto
Legislator
We need to find out those things before we start piling on even more stuff. So, that's why I'm opposed to these type of bills right now, is I want to see what's happened with the bills we've already passed, and start coming up with solutions for those, before we start piling on even more mandates.
- Scott Wiener
Legislator
If I may, Madam. I appreciate that. And Senator, you and I have had some very straightforward, spirited discussions. I'm glad we can have that in public today. So, we're doing exactly what you just said—figure out what's wrong with them and fix them. This Bill literally goes in and takes two existing housing laws to try to improve them.
- Scott Wiener
Legislator
And SB 9, in particular, we did, we passed it, and it has not been implemented at the level that was anticipated. And so, we talked to the folks who are on the ground and we're trying and the changes we're making are based on that, on that feedback. I don't—I personally don't think duplexes are pushing people out of California.
- Scott Wiener
Legislator
It's cost of housing that's pushing people out of California, which is what we're trying to address. In terms of private equity, that is an issue that exists regardless of SB 9. Right? Private equity, whether they're buying up single family homes, or duplexes, or anything else, that's a dynamic that exists.
- Scott Wiener
Legislator
And if we're going to do something about it, we can do something about it, but that's not an SB 9 issue, because they're buying up just plain old, as you know, single family homes. It doesn't have to be a duplex for them for them to do it.
- Scott Wiener
Legislator
So—and then finally, I just want to note the owner occupancy because the realtors mentioned this too. I just want to be clear about what we're proposing. SB 9 requires that if you have a lot split, there's an owner—a three-year owner occupancy requirement—by the person who, who like owns it and is living there basically.
- Scott Wiener
Legislator
And I like to note that, for the most part, maybe in California in 1850, that made sense that we all build our own homes and live in them. We don't do that anymore in most parts of the state. And so, what we're proposing is to say let's keep the owner occupancy requirement.
- Scott Wiener
Legislator
You talk about home ownership, and I agree, but it shouldn't just be the person who's building it. It should be someone else should be able to purchase that and live there. And that's what we're trying to do.
- Scott Wiener
Legislator
So, we're trying to honor the owner occupancy requirement, but make it actually implementable, so people are actually—we're trying to change the regulations so people can actually build. So, I just want to point that out.
- Kelly Seyarto
Legislator
And following up on that just really quickly, that was one of the reasons—the owner occupancy part was one of the reasons this Bill passed in the first place, is because that was part of the negotiation.
- Scott Wiener
Legislator
And we're keeping it, just in a modified form. That's what we're proposing.
- Aisha Wahab
Legislator
So, I know, I just want to be clear. There is a lot of conversation about proposed amendments. There are no amendments that hit my office, nor the Committee consultants, as of this moment.
- Aisha Wahab
Legislator
Yes, we've had multiple conversations, but I just want to be very clear. We are not doing last minute amendments, and we can have the conversation further. But I just want to be very, very clear about that and we can have further conversations, as we've had. Are there any other Members that would like to comment? Senator Cabaldon?
- Christopher Cabaldon
Legislator
Yeah. Thank you. Thank you, Madam Chair. I do want to comment, but I have a couple of technical questions first. I don't, I've been here six months. I've read this particular Bill 20 times and I don't, I don't know that I quite understand it all and appreciate the analysis.
- Christopher Cabaldon
Legislator
But so, to really dig into a couple of areas that are weedy and then, I want to return to, you know, for comments about what Senator Seyarto said.
- Christopher Cabaldon
Legislator
First, with respect to the ordinance and its submission for review, the Bill, after HCD, I think it's—after HCD's review and comments, then the local jurisdiction is given just two options. One is adopt it as—exactly as it was originally adopted, or comply, that is, I guess, you know, meet the, whatever that is being demanded of HCD.
- Christopher Cabaldon
Legislator
But there's no intermediate possibilities in the Bill. You can't say, okay, HCD's made 11 comments. We think six of them are on track. We think they're misunderstanding on three or what have you.
- Christopher Cabaldon
Legislator
I mean, the Bill allows for the local jurisdiction to ultimately adopt its ordinance, and of course, then the Attorney General or somebody else can take action. But is there a reason why there isn't a, a mechanism by which the city can say, we've learned from this process, we don't agree with HCD in total, but we've learned, and so we are improving our original ordinance, and we're not, but we're not, so we're...? But right now, the way I read the Bill, you have to adopt the original one, exactly as it is.
- Scott Wiener
Legislator
That's the—the intent is they should be able to adopt a modified. And if we need to clarify then the language, we're happy to do that.
- Christopher Cabaldon
Legislator
Okay. Maybe similarly. So, in the language that covers the various kinds of areas that are excluded, unless they, unless there has been damage from a disaster or what have you, that language, as I was reading, it says if a single building suffered any damage during an earthquake or similar catastrophic event, then the historic district, you know, all the other stuff no longer applies.
- Christopher Cabaldon
Legislator
Is that, is, I mean, I don't, I don't—I mean, these parcels, given the, given the changes in the amendments that you're contemplating, I mean, are these parcels that could have, number one, more than one building? And so, is it just any single, any single building?
- Scott Wiener
Legislator
Are you talking about like the red tagging provision where a building is destroyed?
- Christopher Cabaldon
Legislator
Well, the language says, if a single building is, is damaged or destroyed, then the list of categorical exclusions, in which the Bill doesn't otherwise apply, or the existing law doesn't currently apply, then, that all goes away.
- Christopher Cabaldon
Legislator
But since those things all go away, but it could be, it doesn't specify the level of damage, and it says just if one building, and if it's a cluster of building on that parcel, then, I'm curious as to why that is drawn that way.
- Scott Wiener
Legislator
I think you're referring to SB 423, and it's building by building. And so, the current law under SB 423—and I did this, we worked this out in 2017 when we passed SB 35, and we've kept it in there.
- Scott Wiener
Legislator
There was a concern that someone could use streamlining to demolish a building that, you know, clear out tenants and then demolish it to in a streamlined way. We wanted—we did not want that to happen. It wasn't the purpose of the streamlining in SB 35.
- Scott Wiener
Legislator
And so, what we provided was that if any tenant had resided in there over the past 10 years, then you cannot use SB 35, now SB 423, to demolish the building, to do a streamlined project.
- Scott Wiener
Legislator
We got criticized about the length of the 10 years, and that's a fair debate, but we thought it was important to have enough of a time gap, so that there would not be an incentive to evict tenants—tear down a building. And that's why we did that.
- Scott Wiener
Legislator
We've sort of learned, since then, there are buildings that get basically destroyed. There's maybe a few sticks still standing up or so badly damaged that it's red tag, where the city comes in and says, this is no longer inhabitable. And so, the building is going to need to be torn down, period.
- Scott Wiener
Legislator
And the question is, should we preclude the 423 from applying there when there was no bad conduct, it was a fire or act of nature? And so that's what we're trying to do there.
- Scott Wiener
Legislator
I know there have been some disputes about what the current law does or doesn't do, and we think it's good to, just at least at a minimum, clarify that this doesn't preclude you from using the streamlining.
- Christopher Cabaldon
Legislator
Okay. There's probably—there may be a cross reference somewhere, I didn't see—I didn't see sort of that red tag level standard of just damaged or destroyed was the only language I read, which damaged is a much broader range than what would likely otherwise have to be demolished.
- Christopher Cabaldon
Legislator
Then, this Bill establish—establishes—the burden of proof on the local agency to demonstrate that the environment—environmental conditions—are, you know, are problematic here.
- Christopher Cabaldon
Legislator
How—in the absence of any discretionary review to require reimbursement, how is the local agency supposed to collect and analyze the data and information it would need to make the, you know, the substantial findings that the Bill requires, without reimbursement from the applicant?
- Scott Wiener
Legislator
I'm sorry, can you start at the beginning, because I didn't fully?
- Christopher Cabaldon
Legislator
Yeah. So, the Bill established, you know, establishes the burden of proof on the local agency, when it determines that the set of environmental conditions or characteristics are present, and has to do that with a substantial preponderance of the evidence. But at whose expense is it collecting the evidence and doing the analysis with?
- Scott Wiener
Legislator
Yeah, so this is 423. So, right now, just to clarify, for people who are watching, SB 423 has certain exclusions, like if it's wetlands or, or there are certain kinds of environmentally sensitive areas where the Bill—where the law does not apply.
- Scott Wiener
Legislator
And so, right now, the burden is on the developer to come forward and say, this is not, you have to sort of prove a negative, this is not in a wetlands, this is not an X, Y or Z zone. And that has apparently led to some confusion at the local level.
- Scott Wiener
Legislator
And so, we think it's cleaner for the local government to be able to say no, we think—we think affirmatively, you are excluded, that it is in the zone or that zone.
- Scott Wiener
Legislator
Either way, whether it's the burdens on the applicant or on the city, the work is still going to have to happen, to determine is it a wetlands. So, we don't think this increases the cost for the city. They're going to have to do that work regardless, to figure out if they agree with the applicant.
- Scott Wiener
Legislator
With that said, this issue we are—and if the Bill advances today, I don't, I don't know if it will, but if it does—then, we were already in conversation with local government Committee staff on this exact issue, and so, I think that that'll be a topic of discussion in that Committee. If the Bill advances out of housing Committee today.
- Christopher Cabaldon
Legislator
Okay. Yeah, I think that, to me, it's a, it's a real issue. Like just for toxics, for example, you've got to, I mean, you might do a phase one, under the existing rules, where you don't have a preponderance of evidence standard, but if to meet that standard now, you have to go and do a phase two or beyond.
- Christopher Cabaldon
Legislator
And those are just—that one thing is expensive. And because of the ministerial streamlined approval, there's no point at which you can recoup those costs from the applicant, like you could in a normal project.
- Christopher Cabaldon
Legislator
And so, this issue around how local governments are supposed to comply, or whether they can, you know, given the shot clocks and everything else, without the resource to do so is, is an important one. Okay, so thanks for, thanks for your answers to the questions.
- Christopher Cabaldon
Legislator
I'm not going to repeat some of the stuff I said about the other Bill, with respect to the high performers—it is also true in this space. You know, when Huntington Beach commits a crime that—we shouldn't put handcuffs on Vacaville, that's trying to do its job.
- Christopher Cabaldon
Legislator
But I think for folks who are working in this space more generally, that it's hard for me to imagine a world in which, you know, three years from now, two years from now, five years from now, we're still down this path of continuing to try to solve the housing crisis, mainly through sites and local kind of clamping down on local governments and local decision making.
- Christopher Cabaldon
Legislator
I think that, as a former local decision maker, I think it's the sense of urgency, the sense of grabbing by the lapels, like, no, we mean it, is very critical. But we're talking about building housing as part of communities, and it's incredibly hard.
- Christopher Cabaldon
Legislator
Even in cities like mine, which is not—it's on the urban fringe in Sacramento—putting the financing together for projects even like this can be really, really challenging, and in a Calistoga or a Dixon or a Woodland, it's near impossible. Only if you're—only if people in the community say that's what we want to do.
- Christopher Cabaldon
Legislator
Everything should be oriented to that. Our next sewer master plan, let's make sure it aligns with that. There's a million things that have to happen, because there's an infinite number of ways for housing to fail.
- Christopher Cabaldon
Legislator
And so, we need to be creating a world in which local governments can succeed at doing this, and want to, and have the right incentives to. We cannot come here every year and just like, hey, six more local governments got this wrong, let's do one more, one more, one more, one more change.
- Christopher Cabaldon
Legislator
And I'm not suggesting that's where we're at today, but I think, you know, for some folks we've got, and this is not you Senator, but you know, we found our screwdriver and that—so now everything is a nut, and you know, everything is a screw that we've got to turn.
- Christopher Cabaldon
Legislator
And sometimes we need a hammer and a saw and other and other tools in this space. And so, one of those issues is exactly what Senator Seyarto mentioned, which is the financing. And so, I think the impact fees is a big piece of it.
- Christopher Cabaldon
Legislator
But because it is the case that when things are buy right, there's no point at which you can cause a development agreement to be done. And I'm not suggesting for normal lop split, that that's ever the appropriate answer.
- Christopher Cabaldon
Legislator
But without an impact fee or development agreement, there are costs to local communities, that have to be dealt with, grappled with, because the surest way to cause long term NIMBY takeover of a community is to not build adequate parks and sewers and sidewalks and schools.
- Christopher Cabaldon
Legislator
And so, it is critical that we have a strong actionable theory of public finance that goes along with our demand that stuff get done. So, on impact fees in particular, we've had this conversation.
- Christopher Cabaldon
Legislator
I worry about the—about that notion that you can just waive them because they're already under a lot of legal challenge, under the takings—the Takings Clause with the U.S. Supreme Court.
- Christopher Cabaldon
Legislator
The extent to which not everybody who is responsible is paying their fair share, because we've determined that they shouldn't—that means either everyone else's fair share goes up, which makes those indefensible under the new standards from the Supreme Court, or they require a subsidy from somewhere else in the General Fund, that San Diego and others have done.
- Christopher Cabaldon
Legislator
But I do think, whether it's impact fees or the other infrastructure issues that Senator Seyarto has mentioned, that we have to take seriously, that, yes, some local governments have fees that are too high, but in general, these are necessary and they're grappling with real costs that exist in the market and that we have helped to create, as well.
- Christopher Cabaldon
Legislator
And so, we've got to be creating the dollars, the mechanisms, to build the public support, over time, for these projects, that will lead to investments and the alignment of all other local and regional policies that are necessary to make housing work in communities and also, to build the political support that's necessary, makes it sustainable, without us watching and second guessing every single decision.
- Christopher Cabaldon
Legislator
That said, I think these are important policies to keep advancing. But in Woodland, in Dixon, in Yountville, in Rohnert Park, the biggest issues are not zoning and sites, the biggest issues are financing. And that's where we've got to get to. That's why, for those places, SB 9 has not been a big mover.
- Christopher Cabaldon
Legislator
Not because we didn't quite get the definitions right or the policies right, but you cannot finance those projects in those communities, and we've got to tackle that, as well.
- Scott Wiener
Legislator
Yeah, and I agree the finance issue is a big one. And I do want to just note on impact fees, as I've expressed to the Members who have raised it, that we're flexible in that, and I anticipate that that provision changing.
- Aisha Wahab
Legislator
All right. Seeing, again, we have many Members in other committees and presenting bills, I do just want to highlight that some of the concerns I have, again, it's largely that it eliminates owner occupancy requirements for SB 9 developments. I think this is something you and I have talked about.
- Aisha Wahab
Legislator
Owner occupancy just does assure so many of us that this is not going to be just a give me to developers to basically buy single family homes and upzone them significantly. This Bill removes that safeguard. We also see that developments can move from 800 square feet to 1750.
- Aisha Wahab
Legislator
And the fact that it waives impact fees for all units under 1750—deeply concerning to me. Impact fees largely go to the local communities for a wide variety of reasons, whether it's sewage, whether it's school, transportation, you know, things like that. And then, the—it preempts the application of local inclusionary ordinances.
- Aisha Wahab
Legislator
Again, the affordable housing is a huge, huge concern for me, as well as urban lot splits of multifamily and mixed-use parcels. You know, one of the examples we can kind of talk about is that it also reduces affordability for some of the projects, from 50% to 20%.
- Aisha Wahab
Legislator
And again, you know, I really just want to highlight that I do believe that we need to build more, and I think that we need to be very strategic in building all over California, in growing cities and developing cities, as well as well-established cities and suburban cities. We do have a deep, deep need.
- Aisha Wahab
Legislator
But I also want to say, one of the lenses that I see, all the policies that come through housing, and I want to be very frank about this, is the affordability and the home ownership opportunities, as well as, of course, you know, rental units and much more. We need all types of housing, at all income levels.
- Aisha Wahab
Legislator
But I also want to highlight that if we don't require affordability on site, most developers are going to avoid this and cities, even if they have a requirement of affordable housing, many people, many developers utilize in lieu fees to kind of just walk away from the actual development of affordable housing.
- Aisha Wahab
Legislator
We have seen it over and over and over again. This is the easiest route. We are displacing people. We are seeing mass gentrification. We are seeing just unaffordable new developments being created daily, whether it's a townhome, whether it's a condo, whether it's a small family property or a multi family property.
- Aisha Wahab
Legislator
These are concerning to me, and this is the direction that the state has been going, and it hasn't necessarily translated in more development. And I really want to flag that, because the data doesn't lie. We have seen, you know, roughly just last year, with all the streamlining that we have done, a little over 100,000 units developed.
- Aisha Wahab
Legislator
And so, I really respect the work of the author historically and on, you know, a wide variety of issues, we are in alignment. And I think that we do agree that we need more housing, at all income levels.
- Aisha Wahab
Legislator
I want to prioritize affordability, first and foremost, homeownership opportunities and quality housing that we are producing for all types of people, again. So, with that, I would like for the Senator to close and Senator, would you?
- Scott Wiener
Legislator
Thank you very much, Madam Chair. In terms of some of the issues that you raised, these are all—we've already committed to a change to owner occupancy, to reinstate data in a modified form, which we think will make the Bill actually—the law actually work—and still maintain owner occupancy.
- Scott Wiener
Legislator
The other issues around the square footage, impact fees, the change of 50% to 20%, those are all items that certainly could have been addressed via a Committee amendment. The Committee chose not to ask for amendments, which was its prerogative. But those are all completely resolvable issues, in terms of that concern.
- Scott Wiener
Legislator
I do want to just say, in terms of the streamlining laws haven't resulted in a lot of new development, I think that is—for SB 9, that is certainly true, and we're trying to fix it today, to make it implementable, so it does produce more Housing.
- Scott Wiener
Legislator
For SB 423, I will say, in San Francisco alone, we're now approaching 4,000 homes, affordable homes, in San Francisco, under SB 35/SB 423. We're seeing SB 2011, the commercial conversion law start to accelerate and how it's being used. Other, the density bonus. There have been various laws we passed that are producing results.
- Scott Wiener
Legislator
But I agree—we need to do more, in various fronts, and we're trying to do that. And I think this Bill will absolutely help. And then in terms of—I agree, we are seeing a lot of displacement in California. And not displacement just in terms of like eviction displacement.
- Scott Wiener
Legislator
In terms of people voting with their feet and leaving, and low income and middle-income families leaving California. And they are not doing it because a new apartment building was built down the street under SB 423.
- Scott Wiener
Legislator
They're doing it because they cannot afford housing, because for 50 years, we have not built enough new homes, and they are being pushed out. That's what's causing displacement and gentrification. That's what's making California unaffordable. This Bill will help. I respectfully ask for an "Aye" vote.
- Aisha Wahab
Legislator
Thank you. Can we get a motion? So, we have a motion by Senator Cabaldan. I guess we can call roll right now. Okay. Senator Ochoa Bogh has done the motion. As a courtesy, let's just move on to vote now.
- Aisha Wahab
Legislator
Thank you. That bill's on call. We're gonna wait for other Senators to arrive. We do have Senator Allen here ready to present his Bill. His Bill—he will start with File Item 5, SB 749. Senator Allen, whenever you would like to proceed.
- Aisha Wahab
Legislator
One second. Can we just make sure that people leave quietly as we're conducting business? I'm so sorry, you're going to have to repeat yourself and make sure the mic is on. We don't want to miss this part. Go ahead.
- Benjamin Allen
Legislator
Okay. Yes. All right. I just want to start, Madam Chair, by thanking you for coming down to my district in the aftermath of the fires and hearing from the folks whose lives were just torn asunder, especially those in the mobile home park. There were two really special places in the Palisades that were burned down entirely.
- Benjamin Allen
Legislator
And this crisis has really brought up a whole set of challenges that are unique to mobile home parks that go way beyond the challenges that even the regular homeowners who lived up on the hill have to face.
- Benjamin Allen
Legislator
So let's go back and do a little bit of history to address the risk of conversion of at risk units to market rate. The state began to adopt affordable housing preservation laws back in the late 80s.
- Benjamin Allen
Legislator
87, I think was the first of the series of legislation and the laws effectively require owners of affordable housing to provide one to three years notice in advance of terminating rent restrictions to affected tenants and prospective tenants, Department of Housing, Community Development, and local public entities.
- Benjamin Allen
Legislator
The laws also require owners to provide notice of opportunities to purchase at fair market rates to resident organizations and qualified entities certified by hcd. Mobile homes are the largest source of unsubsidized affordable housing in the country and they provide important home ownership opportunities for many Californians.
- Benjamin Allen
Legislator
According to HCD, preserving this particular housing option is critical to meeting the state's housing needs. And opportunities to preserve unsubsidized affordable housing are especially important today when the state's affordable housing funding is oversubscribed and our existing housing stock is under increasing threat from climate disasters.
- Benjamin Allen
Legislator
The 2018 Camp Fire resulted in the destruction of over 30 mobile home parks in Paradise, a vast majority of which have not been rebuilt. Over 700 rent stabilized units were destroyed in the recent Palisades fire in my district, approximately half of which were located in these two mobile home parks, Tahitian Terrace and Palisades Bowl.
- Benjamin Allen
Legislator
Communities across the state and country are recognizing the growing need for policy changes to protect affordability of mobile homes and provide opportunities to resident organizations or other nonprofit entities to purchase and preserve the parks.
- Benjamin Allen
Legislator
And so this bill, SB 749, seeks to adapt preservation notice law to apply to mobile home parks and it clarifies the right of residents of a park after a disaster. So specifically what does it do?
- Benjamin Allen
Legislator
It would establish a 12 month timeline for noticing to residents, HCD and also local public entities of an owner's intent to close or change the use of the park. It requires an owner to provide notice of opportunity to submit an offer to purchase to resident organizations and qualified entities certified by HCD.
- Benjamin Allen
Legislator
It creates a process for establishing a fair purchase price for the mobile home park, and it clarifies the notice requirements to homeowners of destroyed mobile homes. The idea being here, you know, we want to give these poor folks literally, there's no mechanism. The second their home burns, they don't even have right to their property again.
- Benjamin Allen
Legislator
Folks up on the hill in the main section of the Palisades are at least able to go back to where they, where they lost their homes, go through their homes, find a wedding ring, try to see whatever might be there. These folks don't even have that right.
- Benjamin Allen
Legislator
They can only be granted that right voluntarily by the owner if the owner so desires to let them do it under whatever conditions the owner imposes. The current law disincentivizes, quite frankly, the owner from rebuilding a mobile home park on the site, and certainly market conditions disincentivize it.
- Benjamin Allen
Legislator
So the idea being here that if something terrible like this happens again, and even in this case, we should give the right to the owners of the lot to at least give them right of first refusal to see if they can come together and at a fair market price, purchase the site and rebuild their community just like everybody else is being given the opportunity in those neighborhoods that were burned down during these terrible fires.
- Benjamin Allen
Legislator
So testifying in support is someone who I've really grown to love and respect a great deal. We only met in the wake of these terrible fires, but John is the cochair. He's basically the residents' Association President for the Palisades Bowl. So it's the Palisades Bowl Community Partnership co chair.
- Benjamin Allen
Legislator
We also have Karen Kontz, who's an attorney with legal services of Northern California. And I'm happy to turn it over to John. John and I were at the site of the mobile home park just on Thursday, marking the hundredth day since the fire. As we talked about this bill and other work that we're doing together.
- Kelly Seyarto
Legislator
Thank you. Are both your witnesses going to be speaking? Okay, you guys have two minutes each. hank you.
- John Brown
Person
Thank you so much. Good afternoon, Chair and members of the committee. My name is John Brown. I'm co chair of the Palisades Bowl Community Partnership.
- John Brown
Person
I'm here on behalf of our 400 displaced residents and to give voice to over a thousand mobile home park residents who lost their homes in the January 7 fires and have spotted spent every night since gripped with uncertainty and grief. While other neighborhoods begin to rebuild, we remain in limbo where homeowners locked out of our own neighborhoods.
- John Brown
Person
Because of our lack of clear legislation, even the EPA was initially denied access for phase one cleanup. Toxic debris sat untouched and ultimately swept into the ocean during three major rainstorms. Which we think all could have been avoided if SB7 49 had already existed. In an otherwise unattainable place for a working family like ours, My wife and I have been lucky enough to call Palisades our home.
- John Brown
Person
Our kids, Jackie and Ben, attend the local schools which have burnt down. We have built a life there. My neighbors have too. We're a diverse group of working class community. Carolyn's 99. Her neighbors Rachel and John look after her.
- John Brown
Person
Ben is a roofer and a surfer, an okay surfer. Joyce is a nurse with a newborn. We have teachers, firefighters, retired lifeguards Over a third of our park are senior citizens. One of the most devastating stories in our neighborhood with this situation is this woman, Georgie.
- John Brown
Person
Years ago she actually lost her baby and she kept the ashes in an urn inside of her home. And since the fire, she and her husband haven't been allowed back to search for those remains. The lack of legal structure has denied them the closure they deserve. And this is why we think 749 really matters.
- John Brown
Person
Right now, our park owners are disincentivized to help after a disaster. One of our residents overheard the park owner call the fire a great opportunity to change use and increase profits. It's not just wrong, it's what happens when we feel like these protections are not there for us. This bill would bring structure, fairness, and hope.
- John Brown
Person
It requires 12 months notice before closure or change of use. It gives residents and nonprofits the right to submit fair purchase offers. And it finally clarifies. I'll just say, and Senator Allen said most of it. I just want to say thank you so much and I'm sorry. Never done this before. But I really hope I could just get to tell my kids soon that we can go home. Thank you.
- Karen Kontz
Person
Good afternoon, everyone. My name is Karen Kontz. I'm an attorney with Legal Services of Northern California, known as LSNC. Our nonprofit law firm serves 23 mainly rural Northern California counties by providing direct legal services to low income clients. In the last seven years, LSNC advocates have provided legal services in response to nine major disaster declarations.
- Karen Kontz
Person
And we lead statewide efforts in disaster response and coordination. And we have staff that co chairs the statewide Disaster Legal Assistance Collaborative. In November 2018, the campfire displaced tens of thousands of individuals. Our staff, including myself, spent five to seven days a week at the disaster recovery centers in Chico, Paradise, and Orville.
- Karen Kontz
Person
The camp fire destroyed or damaged 34 mobile home parks and many burned down completely. These mobile home parks represented some of the only affordable housing for many of our clients. At the time there was the new right to return to a new renewed lease agreement, which LSNC helped some residents enforce.
- Karen Kontz
Person
However, with the devastation of the entire town of Paradise and the lengthy time frame it took for many to start rebuilding, if at all, it became nearly impossible to keep track of what happened to all of the parks.
- Karen Kontz
Person
Had this bill existed, LSNC would have been able to monitor which parks plan to reopen, sell, change, use, or close completely. LSNC also has experience enforcing preservation notice law. The notice requirements have allowed us to preserve subsidized properties in several instances in our service area.
- Karen Kontz
Person
Extending this type of notice period and protection to mobile homeowners is a logical next step. Our offices serve a large number of these folks who are uniquely situated as both homeowners and tenants in the parks where they rent space.
- Karen Kontz
Person
The loss of an entire park renders the investment and equity in their homes essentially worthless, as the value is only realized when the homeowner has a place.
- Kelly Seyarto
Legislator
Excellent. Thank you so much. I really appreciate your cooperation. Okay, we're going to go to opposition witnesses. If you'd like to come up and testify as a primary witness in opposition, please feel free to take the two front seats. Welcome, gents. Are both of you going to be testifying? You know the rules. Two minutes.
- Chris Wysocki
Person
Thank you, Mr. Chair, members, my name is Chris Wysocki with WMA and I'm here to urge a no vote on SB 749. This bill is really very simple. It's ultimately an unconstitutional taking that will be litigated in the courts for years to come.
- Chris Wysocki
Person
The fires in Los Angeles that ignited in January, were tragic and devastating beyond belief. Thousands of structures were destroyed, including two of the most valuable mobile home parks in the country. Both these parks were family built and family run.
- Chris Wysocki
Person
In both these parks, individual mobile homes, often seen as affordable housing for opportunities for people, were selling anywhere from 1 to 3 million dollars. The home values were because of the views of the Ocean combined with Malibu's rent control law that capped the rent on the spaces to these multimillion dollar homes to about $1,000 a month.
- Chris Wysocki
Person
Nearly one of every three homes that were destroyed were second homes or vacation getaways owned by some of America's wealthiest people. And yet SB 49 is being characterized as an attempt to protect preserve affordable housing. What's affordable about a home that sells for over $1.0 million? Don't confuse 749 with protecting affordable housing.
- Chris Wysocki
Person
749 would effectively require both parks to either rebuild at costs exceeding $50 million per park or to sell to a qualified entity that would include a nonprofit organization or resident association. We understand the author wants to keep these properties as mobile home parks, but the government can't force a property owner to stay in business.
- Chris Wysocki
Person
We have great empathy for the people who lost everything in the fires, including our family owners who lost their businesses and their livelihoods. But the government can't force a property owner to sell against his will at a reduced rate, which is what SB 749 tries to do.
- Chris Wysocki
Person
For these reasons and those contained in our letter, WMA urges a no vote on SB 749.
- Jason Eichert
Person
Thank you, senators. Jason Eichert, on behalf of the California Mobile Home Park Owners Alliance, would echo a lot of the comments that my colleague just made, but would just kind of add, you know, a slightly different rendering of how this bill works for the property owner than what was laid out by the author.
- Jason Eichert
Person
If you are a park owner under this bill, you cannot close your park or change the use of your park unless you have offered to sell it to an entity that's been pre approved by HCD. It's not necessarily just park resident organizations. It's not necessarily just local organizations. It can be regional, it can be national, but at any rate, it must be someone who is already approved by the State of California.
- Jason Eichert
Person
And if you enter into that negotiation and you work in good faith and you reach an agreement that does not actually in your opinion reflect or in reality reflect the actual value of your property, you are not empowered under this bill to walk away from that agreement. You have to take it.
- Jason Eichert
Person
That is essentially the way it is structured. There isn't a process where, you know, appraisers can be brought in, but at the end of the day, the valuations are binding and you are forced to take the offer on the table. So that is not fair market price. That is not necessarily the value of the property.
- Jason Eichert
Person
We do not do this to other property owners. We do not do this to other business owners. And, and it's not just because, as my colleague pointed out, that's unconstitutional. But we don't do it because at the end of the day, you know, park owners, just like any other business owner or property owner, you know, come in all shapes and sizes. In some cases, that is the asset that they or their family own. It is what they have to their name.
- Jason Eichert
Person
But we don't do it because at the end of the day, you know, park owners, just like any other business owner or property owner, you know, come in all shapes and sizes. In some cases, that is the asset that they or their, their family own. It is what they have to their name.
- Jason Eichert
Person
And we do not deprive them of the right to work and, and negotiate in good faith to get the value out of it that they can. So for these reasons, you know, we also respectfully oppose the bill.
- Jason Eichert
Person
I also do want to say, express my sympathies for the tragedies that happened in Los Angeles to all of the senators' constituents, but of course, especially those who were residents of the mobile home parks that burned there.
- Jason Eichert
Person
But unfortunately, we just believe that this bill is fundamentally inappropriate and unfair to mobile home park owners and we respectfully request your no vote.
- Kelly Seyarto
Legislator
Okay, thank you very much. At this time, we'll take all me toos. If you want to line up at the microphone there, express your opposition or support for the bill. Your name, your organization you represent, and your support or opposition.
- Brian Augusta
Person
Good afternoon, senators. Brian Augusta on behalf of the California Rural Legal Assistance Foundation and Public Interest Law Project in support.
- Barry McManus
Person
Hello, I'm Barry Mcmanus representing the seniors group who can't travel really a lot of them. Anyway, to keep it to 10 seconds or whatever it is, I support the bill.
- Mark Stivers
Person
Mark Stivers with the California Housing Partnership in support. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. Okay, there being none other, I guess I bring it back to the dais. That would be me. Oh, Senator Cabaldon, I suspect you would like to, you would like to comment on the bill or ask questions about the bill? No? Okay, right. Yeah. For me, this bill really boils down to private property rights. And I absolutely sympathize with the mobile park occupants. They've lost their structure.
- Kelly Seyarto
Legislator
But I don't know a world where the government forces property owners to how they're going to use their land without if they have an opportunity to sell it, which a lot of them are doing. A lot of property, you don't see mobile homes being built anymore.
- Kelly Seyarto
Legislator
I don't see a lot of mobile home structures being, I mean, mobile home opportunities anymore. And that's sad because, but there's a reason for it and it's becoming not a good way or a good profitable type of business for them to run. So you know, people are getting out of it and that's unfortunate. It really is.
- Kelly Seyarto
Legislator
We need to look at that because mobile home parks, although these are exceptional one to, you know, million dollar properties, they, they're just not, they're one of the probably keys to helping people afford a home. And we're losing that. And it's not because of issues like this. We need to look at the other regulatory, environmental issues that we're having that make it not a very good business to be in.
- Kelly Seyarto
Legislator
And so, you know, it's hard for me to get past that and I do sympathize with people that have lost their homes in this, these god awful fires and I'd sure like us to do something about not allowing those type of fires to happen in the first place. So with that, I guess we can go ahead and call roll since there are two of us. Oh, we have to take a motion.
- Christopher Cabaldon
Legislator
Well, maybe I could just say something about it. Maybe it's a question for the opposition as well. I'm grappling just with the governmental moral challenge that has been raised very squarely before us, which is that for everyone else displaced by the fire or an equivalent disaster, we, we have a policy, we, we've got something, we have an instrument, we have something to do.
- Christopher Cabaldon
Legislator
And here all I've heard so far is thoughts and prayers and you're on your own. You, you know, the place that you've lived in and that unlike an apartment or other places, you may have made substantial capital investments as well is gone. And that's like, well, that's, it's too bad.
- Christopher Cabaldon
Legislator
I mean, how do we, how do we square that with our responsibility and disasters to, to respond as a society, as a community, as a state to those challenges? Or is thoughts and prayers the only thing we have to offer?
- Chris Wysocki
Person
Okay, thank you. Yeah, that's okay. And, and Senator Cabaldon, it is a dilemma. I mean, there's no doubt about it. But the fact of the matter is that these are homes that are put on the land of a private property owner in a mobile home park.
- Chris Wysocki
Person
It is truly unfortunate that many of the homes that were lost and destroyed were uninsured. Insurance is a big problem in this state and for us as a mobile home park owner community, I'm actually very proud of the things that we've done as an industry.
- Chris Wysocki
Person
While it isn't much, WMA, we represent about half the parks in the state. We immediately went into action and provided $1000 benefit cash assistance to everybody, every resident of the park. We're under no requirement to do that. So, but our options are very limited. People that live in those parks, we do have tremendous empathy for.
- Chris Wysocki
Person
But at the end of the day, when you have a property that is under such strict rent control that we can't afford to rebuild the park without a sizable increase in rent, it becomes a real problem. And we're still struggling.
- Chris Wysocki
Person
And one of the things that we did when this fire broke out is we proactively reached out to the senator, to the governor's office, to try to figure out a way that the state and the locals and the property owners could come together and try to figure something out, because nobody knew what to do.
- Chris Wysocki
Person
There was $70 billion of assets that were burned through the Palisades area before they reached the mobile home parks. Nobody could have entertained or even begun to think about that happening. This is an unmitigated natural disaster.
- Chris Wysocki
Person
And when we approached the senator in the governor's office, we were looking for ways to figure this out, and then this bill was dropped on us. So we're unfortunately at a point where we have to oppose because of the unconstitutional nature of it.
- Christopher Cabaldon
Legislator
But did you have a second best solution to the problem? I mean, as part of those discussions, was there something that you were advising?
- Chris Wysocki
Person
And we still don't have an answer to that. What is the best answer? We just believe this is not it, and we're willing to talk with anybody. But for us to be thrown into a position where it's either be forced to sell your property at a loss or to defend our constitutional rights to actually own and dispose of property as we are entitled to do, we're going to opt for the latter.
- Aisha Wahab
Legislator
Thank you. Any other comments? Seeing none. Senator, would you like to close?
- Benjamin Allen
Legislator
Yeah, I appreciate the discussion a great deal. I mean, the truth is that we know that affordable housing properties are restricted by law that's been upheld in court. We've put in place a, you know, there's already law from, from a few years back that Senator Dodd did. You know, creating a procedure for, for residents to, to basically have the right for, you know. Right to purchase the property if the, the land the landlord wants to rebuild.
- Benjamin Allen
Legislator
The challenge, of course, is, and you know, we're all talking about it here, if they don't. I mean, in fact, if anything, that law disincentivizes the rebuilding of this important type of affordable housing, you know, and it's true that $1.0 million sounds like a lot of money.
- Benjamin Allen
Legislator
It's actually not a lot of money in the housing market in Los Angeles. And the two of you guys know that, I think, better than anyone else given your proximity to the market. I mean, that's just the grim reality of life in LA as it is in so many of our districts, for better or for worse.
- Benjamin Allen
Legislator
So what we're trying to do here is create a fair path whereby these folks, or yes, the reason why we have the government involved is for them so that we don't just kind of have any fly by night entity trying to come in and take advantage of this law.
- Benjamin Allen
Legislator
We want it to be a legit, you know, organization that can ensure that if we're gonna, if we're gonna impose this sort of system on these properties, we want to make sure it's actually going to be, going to mean accrue to the benefit of our affordable housing challenges and needs as a region.
- Benjamin Allen
Legislator
So we have, we have an independent appraiser process so that they can be properly compensated for the sale. And, you know, happy to talk through that mechanism if we want to tweak it a little bit. I understand. I think the key thing is it's based on the current zoning, right?
- Benjamin Allen
Legislator
So that's, I think, I think we can all agree that it's a fair process based on the current zoning. Of course, if an owner wants to, you know, step out of the current zoning and do something totally different, then they're looking for that kind of money making opportunity.
- Benjamin Allen
Legislator
But in the end of the day, we have a public interest associated with making sure that these kinds of properties continue to provide affordable housing opportunities for people who've suffered from fire disasters. And we've tried to create a fair mechanism whereby the property owners will be fairly compensated. They're not going to walk, I mean, they're going to walk away with a lot more money than they, than they bought the property for in nearly every case.
- Benjamin Allen
Legislator
It's going to keep those properties in the hands of, it's going to keep the use in place so that we can ensure that there continue to be these affordable housing opportunities around our state in the form of mobile home parks. We're so happy to work with you on tweaking the appraisal process.
- Benjamin Allen
Legislator
But from my perspective, this is ultimately about doing right by both the owners and also the people who've lost their housing and our broader housing needs. And it's in that spirit that I respectfully ask for an aye vote.
- Aisha Wahab
Legislator
Thank you. Do I have a motion? So we have Senator Cabaldon who has moved the bill.
- Aisha Wahab
Legislator
Thank you. That bill's on call. We're gonna move on to your second bill.
- Benjamin Allen
Legislator
Okay. All right, thank you everybody. I really appreciate it.
- Benjamin Allen
Legislator
So, different topic, but all having to do with housing. Surprise, surprise. So we've adopted ambitious GHG reduction goals as a state to address the urgency of our climate crisis.
- Benjamin Allen
Legislator
The state is certainly trying to do everything it can to promote EV ownership and reduce barriers that people face when considering making the transition from a traditional gas powered car.
- Benjamin Allen
Legislator
Now, the cec, our Energy Commission, estimates that we're going to need over 2 million charging stations to support EV demand with a requirement with some with the requirements of the transition to zero emission vehicles. But something like 8% of that has been installed as of last year. So the price of EVs have been decreasing.
- Benjamin Allen
Legislator
There's great deals on the used Tesla market, but we know that accessibility of EV charging stations can be a big issue, especially for residents of multifamily housing. And again, this is a fairness issue.
- Benjamin Allen
Legislator
Residents who belong to Hoas and condominium complex can sometimes find it really difficult to make the switch because they they need to use common area spaces to install a charger for their cars. Now, back in 2018, I authored a Bill on this topic, SB 1016.
- Benjamin Allen
Legislator
And the idea was that we were going to remove many of the burdensome policies that Prevent installation of EV chargers and HOAs. But the problem is that we made a mistake. We didn't remove a requirement that the homeowner obtain an insurance policy that names the HOA as an additional insured.
- Benjamin Allen
Legislator
Now, requiring the HOA to be named as an additional insured under the policy is confusing EV drivers and HOAs alike as they try to understand what insurance they're supposed to have. Also, the other big problem is that these products, these insurance products are simply not widely available and they're basically very difficult to obtain on the open market.
- Benjamin Allen
Legislator
So I've heard back from people around the state who wanted to take advantage of my Bill, saying that they've tried to contract a dozen insurance brokers, none of whom have offered the necessary policy that would name an HOA as an additional insured so as to be able to comply with the Bill.
- Benjamin Allen
Legislator
So as a result, without the required insured policy, now we have HOA residents that have been effectively prevented from installing chargers and discouraging, you know, they're getting discouraged from making the switch to an ev.
- Benjamin Allen
Legislator
So all this Bill does is it removes the requirement that homeowners name their HOAs an additional insured party on the General liability insurance policy that covers the EV charger. We're having conversations with the opposition. We're exploring some of the ideas to address their concerns and commit to working with them to find a solution.
- Benjamin Allen
Legislator
But here I have with me today testifying in support of the Bill is Katrina Sutton from CalStart.
- Katrina Sutton
Person
Good afternoon madam Chairman and Members. My name is Katrina Sutton and I'm a resident of West Sacramento. I own a condo unit that is managed by a homeowners Association and in 2019 I began the process to install both rooftop solar and electric vehicle charging.
- Katrina Sutton
Person
In my day job, I work as a Technical project manager at CalStart, which is a California based global nonprofit dedicated to the growth of the clean transportation industry. Before CalStart, I was a Project Manager at the Electric Vehicle Research center at UC Davis. So I know a couple of things about electric vehicles.
- Katrina Sutton
Person
When I had the chance to become a Homer myself, I I knew I wanted to do my part to help further the California clean energy goals, and that included installing the solar and buying an ev. Yet between navigating the local permitting process and getting the review and the approval for the hoa, the process from start to finish took about eight months. As someone who works on these issues for a living, I could deal with that.
- Katrina Sutton
Person
But for millions of other homeowners who just wanted to buy a new car and charge it at their house, the state charge other home the state needs to do more to reduce the barriers to home EV charging.
- Katrina Sutton
Person
Most recently, my HOA has notified me that they intend to update their rules for EV chargers and that they would require the liability insurance with the $1 million policy. Thanks to legislation authored by Senator Allen in 2018, which is the same legislation that this Committee is considering updating today.
- Katrina Sutton
Person
I have since learned that the $1 million requirement is no longer allowable under the state law. Impractical insurance requirements like those at the center of SB 770 introduce added complexity and financial costs for those trying to make the switch to EVs. Removing these barriers is not just about convenience.
- Katrina Sutton
Person
It's also about equity and accessibility, with many Californians looking to condos and HOA managed properties as a more affordable path to homeownership. By simplifying these requirements, SB770 will help eliminate one undue barrier for ED adoption so thank you for this opportunity to share and I ask for your support.
- Aisha Wahab
Legislator
Thank you. Do we have any other lead witnesses? Seeing none. Can we move on to lead opposition witnesses? You will have two minutes.
- Louie Brown
Person
Madam Chair, Members of the Committee, Louis Brown here today on behalf of the Community Associations Institute. Let me be clear. We are not opposed to electric vehicles. There's very little an HOA can do to prohibit a occupant who wants to install an electric vehicle charger. The Davis Sterling says that this is about equity.
- Louie Brown
Person
This is about liability protection. And what we're saying here and the one thing that's happening is that we're the Bill would propose that an individual that wants to install an electric vehicle charging station on the property of the Association is now going to put the Association's insurance on the hook for any issues that come.
- Louie Brown
Person
And so one individual gets the benefit of the electric vehicle charging station. Everybody in the Association shares the liability when and if an accident or an incident happens. The chair talked about affordability earlier today. The most unaffordable issue for an Association today is insurance.
- Louie Brown
Person
And if an Association now goes back to their insurance provider and shows that their electric vehicle charging stations that they have no control over but they now must ensure that's going to impact their insurance. That means it's going to impact everybody who's in that Association because they pay for the insurance. So this isn't about electric vehicles.
- Louie Brown
Person
This is about insurance. This is about protecting an Association from additional costs that they have no say or oversight with. Want to continue working with the author? We've found that Farmers Insurance knows how to do this. Anytime a landscaper or construction entity comes onto an HOA property, they provide for additional insured certificate.
- Louie Brown
Person
So this is common in the insurance industry. It may not be common in the personal line. And we need to address that. Thank you.
- Aisha Wahab
Legislator
Thank you. Do we have any lead opposition? Seeing no other. Can we get me to in support and opposition. State your name, your organization, whether you support or oppose.
- Kimberly Lilley
Person
Kimberly Lilly CAI Opposed. But we're working great with the author. Thank you.
- Unidentified Speaker
Person
Good afternoon, chair and Members ...here on behalf of the California Electric Transportation Coalition in support.
- Kelly Seyarto
Legislator
Before I leave. Well, I have to go to another Committee real quick. So my issue with this is about the insurance and the master policy for a homeowner assurance. If you have a townhome or condominium development, the master policy for fire is held by the Association.
- Kelly Seyarto
Legislator
And so if you install something and you faultily install it in your unit and it burns down the entire row of units. It's the master policy that winds up having to do that. And then there's going to be, of course, litigation. And that's why the Association has to be involved.
- Kelly Seyarto
Legislator
You can't, they have to be named as one of the insured parties here. So this is kind of a not doable, insurance wise solution. And so it is not supportable by me. Thank you.
- Christopher Cabaldon
Legislator
Yeah. So can I ask how this actually works in practice? And so if I am, if Trish wants to install a charger in, in her community and she takes out the, under current law and takes out the policy in the name of the HOA and then Trish moves two years later, is there, what, what happens to the policy?
- Christopher Cabaldon
Legislator
I mean, how does that, like how the sustainability path for the insurance or under the Bill, if it's just in her name and then she moves and what happens to the insurance?
- Louie Brown
Person
And the requirement would be on the successor owner that whoever buys that unit then in that parking spot with the EV charger would have to provide the same certificate with additional insured as the owner. Okay, thanks.
- Benjamin Allen
Legislator
Yeah. I mean, I think at the heart of this, of course, is that this is, you know, when this, when this, when this requirement was first. I'm very committed to working with my good friend Louis. And I want to figure out, see if we can figure this out.
- Benjamin Allen
Legislator
I will say when this was first put in place, way back in the day, there was so much fear and just lack of history about EV chargers. And, you know, over time, of course, you know, there hasn't been, you know, like spontaneous combustion of these EV chargers. They're all over the place.
- Benjamin Allen
Legislator
There's a lot of problems with them in other ways, but this hasn't been one, this hasn't been a problem. So that being said, so we're trying to take away a barrier that's preventing people from installing these chargers so they can actually get their cars charged in a multifamily unit.
- Benjamin Allen
Legislator
You know, and in the end of the day, the resident's still required to have a policy that covers the charger and would still be liable for damage or injury. But understand, you know, not wanting, I do understand not wanting to get the HOA wrapped up in any litigation.
- Benjamin Allen
Legislator
So I think it's in that spirit I want to continue to work with you. You know, I think everyone understands the goals we have here. And with that, I ask you to give me that opportunity to keep working on this and I respect for Ashton. I have a vote.
- Aisha Wahab
Legislator
Thank you. Can we have a motion? Thank you. We have a motion by Senator Cabaldin. Can we call Roll Call Vote.
- Aisha Wahab
Legislator
Thank you. So if we can have Senator Arreguin show up, Senator Cortese and the Members of the Committee to be able to vote and wrap this up.
- Kelly Seyarto
Legislator
Housing is reconvened from recess. We will be hearing SB 750 by Senator Cortese. Senator Cortese, you may start whenever you are ready.
- Dave Cortese
Legislator
Thank you, Mr. Chair. Good afternoon to all the Members of the Committee. I'd like to begin by thanking the chair and this Committee staff for working with us. And I commit to accepting the Committee amendments. SB750, the California Housing Finance and Credit act, would create a credit enhancement program for the production of housing.
- Dave Cortese
Legislator
Specifically, the Bill would authorize Calhoun FHA. Sorry, that was mistyped here. To manage this California Housing Finance and Credit act agency allowing the state to guarantee part or all of the financing for housing projects with no cost to the state General Fund as administrative expenses would be covered by fees charged at origination.
- Dave Cortese
Legislator
In other words, it's a cost recovery program. Despite recent budget surpluses, the state has not yet found a way to effectively address the ongoing housing crisis. Punctuated by thousands of homes lost in the Los Angeles wildfires and with projections of budget challenges in the near future, I believe now is the time for us to embrace innovative solutions.
- Dave Cortese
Legislator
California's affordable housing pipeline includes projects that could provide homes for 559,944 low to moderate income households. Unfortunately, market conditions have delayed these developments. Housing developers often must rely on multiple funding sources to complete a project. When interest rates are high, the margins that attract private equity disappear. Credit enhancements are a proven way to address the problem.
- Dave Cortese
Legislator
United Way of Greater Los Angeles recently launched the Affordable Housing Initiative, which utilizes the balance sheets of their nonprofit partners to back loans for housing developments. Again, credit enhancement, not cash. There's also a clear precedent for this tool in the public sector. The Federal Housing Administration has been insuring private mortgages since the Great Depression.
- Dave Cortese
Legislator
Additionally, at the state level, the Health Facility Construction Loan Insurance Program has existed for over 50 years, something we discovered in the process of putting this Bill together. And it backs private loans to developers that ensure the financial viability of health facility projects.
- Dave Cortese
Legislator
But that same financing authority does not extend to the kind of housing we're talking about here. This Kafka, as we call it, would similarly. Similarly provide a clear public benefit for using the state's credit to facilitate the development of housing. By guaranteeing loans and wrapping bonds, it would help unlock more financing at favorable interest rates.
- Dave Cortese
Legislator
This Bill is contingent on its companion Senate constitutional amendment passing. And a ballot measure, of course, would be required to do that, authorizing the use of California's credit being approved by the people. So to just clarify, that The California Constitution currently prohibits California for doing the kinds of things that I just described.
- Dave Cortese
Legislator
That SCA is planned to be taken up in January again separate from, from this vehicle, from this Bill. The idea is to get this part of the process through this part of the session. Now with us here today is Chris Neal from Core Affordable Housing and Kevin Clark with Good River Partners. Thank you very much, Mr. Chair. And at the appropriate time it asked for an aye vote.
- Kelly Seyarto
Legislator
Will be coming up soon. Each of you have two minutes and if you would adhere strictly to those I would appreciate be appreciated. Thank you.
- Chris Neale
Person
Good afternoon, chair and Members. As Dave said, my name is Chris Neale. I'm President of Core Affordable, founded in 1978 in San Jose, California. We have developed and built over 5,000 homes, including over 4,000 affordable homes in Santa Clara County and San Mateo County.
- Chris Neale
Person
We have created homes for artists, for seniors, for teachers, for families, for the formerly homeless, and for veterans, the residents and workforce that make California the world's fifth largest economy. While we are proud of the housing and communities we have built, it has never been more difficult in California's history to build housing.
- Chris Neale
Person
And the need has never been more dire. Kind of a theme we've been hearing all day in this room. We currently have over 1200 affordable units entitled, approved and ready to move to construction. But they are delayed due to lack of resources and to financing limitations.
- Chris Neale
Person
For example, we have a project in downtown San Jose, Gateway Tower, 220 apartments to house downtown San Jose's workforce. We got it approved in 2016. We had to get it extended in 202021. And we recently had to go back for further extension just to keep the project going forward. The project cost has probably doubled.
- Chris Neale
Person
The carry costs have been extraordinary. We were fortunate. One of the fortunate ones where we recently received a MIP award from CALHFA. However, we were one of 48 projects that applied. Only 12 were awarded. So there are 36 projects that were ready to go, will not receive resources. We'll have to get back in line.
- Chris Neale
Person
That represent probably over 6,000 homes. If they get delayed, there's a good chance they'll get lost because the developer could only keep the project going so long. We've been hanging in there for 12 years. But another example is our project in Eastmore, Daly City. 72 apartments for some of Daly Cities in San Mateo Counties.
- Chris Neale
Person
Most vulnerable residents 500ft from BART station. We've applied to Silac three times, have not won an award. We have over $30 million committed funds from both the city and the county. I would like to ask your support for this measure. Thank you.
- Kevin Clark
Person
Good afternoon, Members. Kevin Clark with Good River Partners. Real quick, Good river works with transitional housing providers to house young folks exiting foster care. And we have three thought about credit enhancements and loan guarantees of this nature in that context specifically.
- Kevin Clark
Person
So this Bill, specifically, as Senator Cortese had said or talked about, is really around spurring debt financing for the acquisition and construction of additional housing. And we do that by using and leveraging the balance sheet of the State of California to do that by guaranteeing those loans and loan guarantees and credit enhancements aren't new to the states.
- Kevin Clark
Person
Healthcare Access and information departments has been doing this type of thing in the healthcare space for some time and they have originated. They've guaranteed over $9 billion in loans to this date, over 600 projects. And so we're looking to just leverage that type of model in the acquisition and development of additional housing here in California.
- Kelly Seyarto
Legislator
Respectfully request. And I vote for you all. Thanks. Thank you very much. And now we'll go to opposition. Is there anybody wants to speak as a primary witness in opposition to this Bill? If not, we'll invite speakers up to the microphone to express their opposition or support for the Bill. Just simply come up.
- Kelly Seyarto
Legislator
Your name, the organization you represent and whether you support or oppose the Bill.
- Raymond Contreras
Person
Raymond Contreras with Lighthouse Public affairs on behalf of Habitat for Humanity California support if amended. And for California Yimby and support. Thank you.
- Kelly Seyarto
Legislator
Last chance. Okay. I don't see anybody scrambling up. We're going to bring it back to the Committee. Anybody on the Committee have a comment, question or a motion? I do. You go ahead.
- Christopher Cabaldon
Legislator
I really want to thank the author for bringing this forward. It meets a. It's a innovative solution to a really critical need throughout California. You know, of all kinds.
- Christopher Cabaldon
Legislator
I know even in my interest in my own little city, we have at any one time between six and 10,000 housing units that are fully entitled and that pencil but cannot get. They, they don't compete well for the. For. For financing in either the subsidized market or the. Or the private market. So it isn't that we.
- Christopher Cabaldon
Legislator
They need a subsidy. They need a state subsidy to make it work. What they need is they need a credit enhancement to allow the. The private investment market to do what they do best, it was just invest in products that will, that will pay off.
- Christopher Cabaldon
Legislator
So this is a, this is a smart, well tailored proposal in that regard. I do hope as you go through, because I like the Bill as it is and I know that, you know, the amendments that are articulated in item six are, I get where they're coming from around the focus on, you know, subsidized affordable products.
- Christopher Cabaldon
Legislator
And that's, you know, we've heard today about the critical need there, but this is true for a much broader range of housing in California. So, you know, Murietta is probably the same way. I know much of Senator Grace's district is the same way.
- Christopher Cabaldon
Legislator
But for a regular, you know, three story or five story mixed use project, that's market rate in Rohnert Park or in Oakley, it's really hard to get the financing done. These projects do pencil.
- Christopher Cabaldon
Legislator
But for the very first five story project ever to be built in Calistoga, lenders are like, well, it looks, it looks right, but I've never seen it before that that's where credit enhancement can really make a difference.
- Christopher Cabaldon
Legislator
And we have, through all the other policies our Committee has passed today and in the past, really, you know, put the, put the pressure on local governments. You need to zone, you need a plan, you need to prepare, you need to meet your RHNA obligations.
- Christopher Cabaldon
Legislator
But then when it comes time to actually build, you know, you're on your own in terms of this credit enhancement. So I think particularly for the, for the, for the, for the less urban places, both rural, suburban and just slightly less than.
- Christopher Cabaldon
Legislator
It's really these, this kind of an approach can be incredibly helpful to making, making real what is already a pencil, you know, a penciling product that we need to have happen so very much support the Bill. Hope on that item six issue you'll continue.
- Christopher Cabaldon
Legislator
I know you're, you're committed in this space too, but the tool here, because it doesn't require a subsidy, just requires using the, the, the, you know, the state's credit backing, which is substantial for products that already pencil that it, it does. We're not talking about a zero sum here.
- Christopher Cabaldon
Legislator
We can be supporting both affordable products and the products that, you know, that exist in all these other communities that could use, that can use our backstop. So thanks very much for caring and look forward to supporting it.
- Kelly Seyarto
Legislator
You will move the Bill. Okay. And I appreciate your Bill. We have a project in Murrieta. I helped start it in 2016. You had a motivated community. You can't blame it on the community for not happening. It is just now getting completed and it was all about financing. So as we. We.
- Kelly Seyarto
Legislator
A lot of times we're blaming the communities for not wanting or not getting these processes through. But this is one of the hidden issues that have been elongating these processes. In the meanwhile, what happens is the costs compile. So this is a very good Bill.
- Kelly Seyarto
Legislator
I wish it was probably in place about five or six years ago, but now that it's here, I really appreciate it. You have the floor to close.
- Dave Cortese
Legislator
Thank you so much, Mr. Chair. And thank you again to the Committee staff. I mean, we started early. Talking to them about the concept obviously is not something that had been done in California before, thanks to the way the Constitution was written up.
- Dave Cortese
Legislator
So everyone had to kind of take a look at this and stitch it together in the fashion that it's been done thus far. And I want to thank all the co authors on the Bill. There's been a lot of support, especially out of our Bay Area caucus to get behind the Bill.
- Dave Cortese
Legislator
Senator Cabaldon is one of those and I don't remember all the authors. So co authors. So I'll just make a universal. Thank you there. I know in the interest of time, I, I need to just close.
- Dave Cortese
Legislator
But I do want to clarify and I know you know this, I know the Members here of the Committee know this, but just to state it on the record, the constitutional amendment, you know, I believe needs to be much more generic in terms of what it does, you know, allows the state to do credit enhancement for housing.
- Dave Cortese
Legislator
I'm oversimplifying a little bit. The Bill. This Bill or any subsequent Bill, and whomever comes in and modifies this someday can. Can do tweaking year after year to try to get to the exact, you know, sweet spot, as they say. So I want all of you to know that I understand that.
- Dave Cortese
Legislator
And we're, you know, I'm going to be very resistant as an author to mucking up any constitutional amendment. The Constitution needs to be very pure and simple and clean in terms of what it allows. And the Legislature can figure it out from there on a year by year basis. This is that piece so far. And again, thank.
- Dave Cortese
Legislator
Thank you to the Committee and I respectfully ask for your aye vote
- Christopher Cabaldon
Legislator
And I can co author Assemlby Member Cortese version of this that deals with market products after then.
- Kelly Seyarto
Legislator
Okay, thank you. Okay. We are not. The amendments are not on this Bill today. Correct. So this is the Bill as it is written. The amendments will come at the next Committee meeting, I believe. Is that correct? Okay, yes, then that's agreed to. Thank you. Otherwise I wouldn't have brought it up anyway.
- Kelly Seyarto
Legislator
Okay, so that is gonna be held. We have a 4-0 vote. And we'll hold it open for other voters when they get here. Other Members. Thank you very much. I was going to acknowledge them. You guys, thank you for hanging out here all day long.
- Kelly Seyarto
Legislator
It is hard for us and we've actually got something to do besides watch. So anyway, thank you very much for your staying here to testify today, and we really, really do appreciate your patience. Okay. With that, we have two more bills to hear if somebody can go find Mr. Arreguin.
- Kelly Seyarto
Legislator
Yeah, we're going to open the roll and do something while we're waiting, so. All right, well, we'll still open the roll and he can. Yeah. Let's start with one.
- Aisha Wahab
Legislator
Right. Senator Arreguin, would you like to present? So Senator Arreguin is going to start with SB 9.
- Jesse Arreguin
Legislator
Members, thank you for the opportunity to present on Senate Bill 9, which in its amended version will state that feature Failure of a local agency to submit an accessory dwelling unit ordinance to the State Department of Housing and Community Development within 60 days of adoption or respond to the department's findings within 30 days would make the Ord ordinance null and void.
- Jesse Arreguin
Legislator
I want to state clearly that I am accepting the Committee amendments which strike the language in print and replace it with the provisions described above, and I want to thank the Chair and thank the Committee staff for their work with my office on the Bill.
- Jesse Arreguin
Legislator
The intent of SB9 was to clarify that the existing prohibition of owner occupancy requirements for ADUs applied to units created prior to the passage of AB881 in 2020, which paused owner occupancy requirements for a period of five years. That prohibition was made permanent with subsequent legislation in 2023.
- Jesse Arreguin
Legislator
However, it appears that the existing statute is already clear and enforceable, making the current provisions of the Bill in print redundant. Given and as stated in the Committee analysis, given that the Committee amendments recast the Bill to instead provide additional enforcement authority to state HCD with regard to the ADU statute and proposed ADU ordinances.
- Jesse Arreguin
Legislator
The Legislature has made numerous changes to ADU law in recent years which has led to a tremendous increase in the production of ADUs in California. They now make up 1 in 5 units construct in the state, providing affordable housing for communities where it is otherwise difficult to create.
- Jesse Arreguin
Legislator
The Legislature was clear when it required ministerial approval for ADU development and disallowed local governments from adding onus requirements for development. Despite this, some local governments enacted ordinances that ran counter to state law. When HCD provides guidance around enacted ordinances, some local governments have not been responsive to this guidance.
- Jesse Arreguin
Legislator
SB9, as amended, would remedy the situation by adding enforcement power to existing law. Local governments are already required to submit any ADU ordinance to HCD within 60 days after adoption and respond to HCD's guidance within 30 days.
- Jesse Arreguin
Legislator
SB9 would add this requirement by stating that failure to notify HCD will result in the ordinance becoming null and void and revert standards for AD development to state law. This will ensure that state ADU law is implemented fairly and consistently throughout the State of California.
- Jesse Arreguin
Legislator
With me to testify is Max Dubler from California yimby and we did have another witness, Jonathan Pacheco Bell from the Casita Coalition. Unfortunately was not able to stay given the lateness of the hour, but with the Chair's indulgence, the witness can provide their testimony.
- Max Dubler
Person
Hi, Good afternoon Madam Chair, Members of the Committee. My name is Max Dubler and I do ADU policy at California YIMBY. I'm here to speak as a proud sponsor of SB9. California Gimby is a statewide organization of over 80,000 neighbors dedicated to making California an affordable place to live, work and raise a family.
- Max Dubler
Person
Accessory dwelling units are one of the most important tools we have to address California's housing crisis. These naturally affordable homes support intergenerational living and allow homeowners to be part of the solution to our housing shortage. California's ADU standards lead the nation by setting a clear, simple set of rules that apply statewide.
- Max Dubler
Person
State law gives ADU builders the ability to work across multiple jurisdictions and encourages investment by giving homeowners confidence that they will actually be able to secure permits. But while state law sets clear standards, local compliance with those standards is not always perfect. Some jurisdictions adopt non compliant ordinances or fail to submit them to hcd.
- Max Dubler
Person
This creates uncertainty for homeowners and developers alike. With the new Committee amendments, SB9 will strengthen enforcement by establishing a clear, straightforward accountability mechanism.
- Max Dubler
Person
In these cases, if a local agency fails to submit its ordinance within 60 days of adoption or fails to respond to HCD's findings of non compliance within 30 days, that ordinance will become null and void and local government must then apply the default state standards until a compliant ordinance is adopted.
- Max Dubler
Person
This change reinforces existing law, ensures timely implementation, and protects homeowners from local barriers to Building ADUs. For these reasons, we respectfully ask for your support of SB9. Thank you.
- Kelly Seyarto
Legislator
Thank you very much for your testimony. Right now, we'll go to anybody in opposition who wishes to speak in opposition to the Bill. Coming up, seeing how nobody is scrambling up to this table here, we're going to go ahead to add on our metoos.
- Kelly Seyarto
Legislator
Anybody who wishes to speak in favor or opposition to the Bill will come up. State your name and the organization you represent and whether you oppose or support the Bill.
- Raymond Contreras
Person
Good evening, Mr. Chair and Members. Raymond Contreras with Lighthouse Public Affair on behalf of Abundant Housing Los Angeles and SPUR and support.
- Kelly Seyarto
Legislator
Thank you. Given that that is all of the speakers there. We'll bring it back to the dais. Are there any questions for the author or comments, Mr. Cabaldon?
- Christopher Cabaldon
Legislator
Yeah, thanks. Mr. Chair. Just. Just a quick question. So the. On the. The 30 days that the jurisdiction has to respond following the HCD review, is that, does that mean that they must adopt. If HCD raises issues, they must adopt an ordinance within 30 days or they just have to have an answer?
- Jesse Arreguin
Legislator
They have to have an answer. I dealt with this issue specifically in my jurisdiction where One of our AD ordinances, HCD had concerns regarding its applicability to the Hills. So we responded to HCD stating that we will be taking subsequent legislative action that met the met the the conditions of responding under Section 66326. Thank you. Thank you. As a fellow former mayor, thank you.
- Aisha Wahab
Legislator
And do we have any opposition witnesses? So do we have any other Committee Members wanting to speak on the item? Seeing none. Can I get a motion? Did you accept the amendments?
- Aisha Wahab
Legislator
Thank you. So that Bill, it's on call. We're going to have Senator Arreguin present SB 502.
- Jesse Arreguin
Legislator
Thank you. And my witnesses can come forward. Good to see you. Thank you. Once again, Madam Chair and fellow Committee Members, thank you for the opportunity to present Senate Bill 502 which in its amended version will create a pathway to develop workforce housing for teachers and schools employees by allowing local education agencies or LEAs to submit their excess sites to state HCD and DGs to then determine which parcels would be appropriate for housing development.
- Jesse Arreguin
Legislator
Those parcels would then be added to an existing state excess sites list that is sent to developers and has been successful in creating affordable housing projects on other state access site land.
- Jesse Arreguin
Legislator
I would like to state clearly that I am accepting the Committee amendments and the Once again, the amendments change this from specifically reserving funding from the SB2 funds, the state local Housing Trust Fund, to instead moving towards this new approach which I think captures the intent of creating a pipeline to build workforce housing for teachers and school employees.
- Jesse Arreguin
Legislator
As you're aware, California is experiencing a housing affordability and supply crisis with housing costs outpacing salaries. This crisis impacts Californians generally, but it's felt acutely by our educator and school employee workforce. In 2016, only 17.4% of homes were affordable to the average teacher. Most school employees are cost burdened, spending over 30% of their income on housing costs.
- Jesse Arreguin
Legislator
And housing instability impacts the teacher's ability to effectively educate our students and be part of the community in which they teach. Statewide school districts and county offices of Education own 70,000 acres of land that could be developed for housing. While a few districts have been able to successfully complete workforce housing projects.
- Jesse Arreguin
Legislator
Most districts don't have the resources or expertise to be able to get a project off the ground.
- Jesse Arreguin
Legislator
SB 502, as amended, will allow LEAs to submit their excess sites to state HCD and DGs who will then analyze the LAM for housing development potential and add applicable land to a digitized list that is an interactive database and sent to housing developers.
- Jesse Arreguin
Legislator
This process was established for state agency access land by Governor Newsom's Executive order in 2019 has been successful at connecting developers with available land leading to the creation of 4300 housing units.
- Jesse Arreguin
Legislator
By allowing LEEs to utilize the existing HCD process and digitized lists, SB 502 will connect LEAs who want to create workforce housing for their employees with affordable housing developers who are experienced in navigating the complexity of financing and developing housing projects.
- Jesse Arreguin
Legislator
Any ensuing projects developed on LEA LAM and the excess site list will be made first to school district employees to help address the housing crisis for teachers and school employees and pleased to be joined here today by Jessica Marquez, representing Superintendent Public Instruction Tony Thurmond and Tristan Brown from the California Federation of Teachers and Madam Chair, with your indulgence.
- Jessica Marquez
Person
Good afternoon, Madam Chair and Members. My name is Jessica Marquez and I am the Legislative representative at the California Department of Education speaking on behalf of State Superintendent of Public Instruction Tony Thurman, who is a co sponsor of SB 502. Thank you Senator Arreguin and his staff for authoring this legislation.
- Jessica Marquez
Person
As we all know, California is facing a housing affordability crisis that is directly impacting our ability to recruit and retain educators. High living costs are driving educators away from communities that they serve, ultimately undermining student outcomes and school stability.
- Jessica Marquez
Person
SB 502 gives local educational agencies opportunity to partner with the state and affordable housing developers, ensuring land is properly identified and projects are built efficiently without requiring them to become developers themselves.
- Jessica Marquez
Person
Local educational agencies and county offices of education, as the Senator mentioned, collectively own more than 75,000 acres of land, with notably 40% of this land in areas with high teacher turnover rates. This proposal builds upon successful models that identify state land for housing and prioritizes educator access to housing.
- Jessica Marquez
Person
In A recent report on nine educator housing projects found that LEAs offered units well below market rate successfully housing teachers and classified staff. In order to address the educator workforce shortage, we need to tackle housing availability and affordability.
- Jessica Marquez
Person
SB 502, with the Committee's amendments, is a targeted strategic step solution, expanding access to existing tools and empowering local educational agencies to support their workforce without pulling them away from Their core mission of educating students. Thank you.
- Tristan Brown
Person
Thank you, Madam Chair and Senators. My name is Tristan Brown with CFT, Union of Educators and Classified Professionals. We represent over 120,000 Members, a lot of which are actually on the coast of California. And I think there's this romanticized history we have where teachers were pillars of their community on the frontier.
- Tristan Brown
Person
The communities would take great lengths to interview and find the teachers of their community because they knew that this was the person responsible for preparing the next generation and their survival.
- Tristan Brown
Person
Unfortunately, we no longer have a world where teachers are running into their families at the grocery store where they're able to know the names of the siblings of their students and know the names and middle names of the parents of their students because they have such long commutes or they have such stress over housing and security.
- Tristan Brown
Person
We have Members that teach in the Bay Area. However, they live in the Central Valley.
- Tristan Brown
Person
They can have a two hour one way commute to get to work every day, which severely limits their ability to do after hours work and build that trust and that community and be a part of that community in which they deserve to be a part of.
- Tristan Brown
Person
We think this Bill is a tremendous first step into building a list of solutions that we can have. There are a number of districts that have already taken an even further step to cooperatively build housing with their their land.
- Tristan Brown
Person
This will help more districts know what they have in front of their own noses to be able to convert into workforce housing and better provide for the workers that are there and be once again these pillars of their community. So we hope that this is just the beginning of a proliferation of workforce housing.
- Tristan Brown
Person
We really appreciate the Senator and the Superintendent of Public Instruction, Mr. Tony Thurmond, for taking the lead here and providing this and finding a way with the Committee staff to move forward. So with that, we very much ask for your aye vote this afternoon. Thank you.
- Aisha Wahab
Legislator
Thank you. Do we have any lead opposition witnesses? Seeing none. We're going to go to me toos, both in support and opposition. State your name, your organization, whether you support or oppose.
- Carlos Lopez
Person
Hello, my name is Carlos Lopez. I'm with the California School Employees Association in support.
- Jonathan Cook
Person
Good evening. Jonathan Cook, Executive Director of the Sacramento Housing Alliance in support.
- Aisha Wahab
Legislator
Do we have Members of the Committee that would like to comment? Senator Cabaldon?
- Christopher Cabaldon
Legislator
Yes. First, there's a very smart solution here. The DGS Access sites portal is smartly designed, user centered and it's used as you described. So this is a great way to bridge that gap of districts that aren't developers themselves. I had some Support of the Bill. Just a question.
- Christopher Cabaldon
Legislator
Because we don't have the amendments in print, obviously, but when we talk about local education agencies here, we just use the standard definition. And therefore, are we also talking about community college districts? Are they covered in the definition?
- Christopher Cabaldon
Legislator
They're not okay. In the current Bill. I thought they were, but. But they're not. They're not contemplated in the Committee's amendments. Is that right?
- Christopher Cabaldon
Legislator
Because they're in this. The standard definition of LEA is them. Okay.
- Jesse Arreguin
Legislator
Local education agency means a school district or office of education.
- Christopher Cabaldon
Legislator
So. Okay. So that you'll keep the language in the existing Bill. Okay, thanks.
- Kelly Seyarto
Legislator
So we're talking about rental housing for teachers as opposed. Or are you talking about houses that they can purchase?
- Jesse Arreguin
Legislator
Could be ownership or rental. This is about trying to make available information about what land is available. So developers who want to build workforce housing or rental housing, but they're not.
- Kelly Seyarto
Legislator
And it's not that I have something against teachers. I just. There's a lot of people actually make a lot less than teachers too who are probably wanting
- Jesse Arreguin
Legislator
A district who's making their land available to a private developer and entering into a ground lease or some sort of development agreement they're going to have as a condition of that as other school districts have a preference for teachers and school district employees to live there. But they're not. It's not just restricted to those people.
- Rosilicie Ochoa Bogh
Legislator
Okay, so kind of piggybacking on. On that in California, I was under the impression that you could only designate housing for folks that were 55 plus and everything else had to be open to anyone. Is there, is, has, has there been any questions as to whether or not this could actually be done in California?
- Jesse Arreguin
Legislator
It's being done in districts all over California. And there has to be a fair housing test, obviously, when districts do this. But this is land these districts own. They don't have to to sell their land or lease their land or enter a development agreement with any developer to build housing on their land. But districts have.
- Jesse Arreguin
Legislator
All over California, not enough have. That's what this. The goal this Bill is. And as a condition of those that ground lease or that development agreement, they have condition with developers. That preference is given to district personnel, teachers and classified staff. But it does have to go through a fair housing test.
- Rosilicie Ochoa Bogh
Legislator
And then it goes. So it's. It's teachers and staff, any, any school personnel basically that can qualify for it. And then secondly, it goes into other government, I believe. Right. Any other public entity.
- Aisha Wahab
Legislator
So. So I. I want to be very clear, and if you don't mind. So the amendment we provided, and I know that we've heard a lot about teachers and even the staff in the schools.
- Aisha Wahab
Legislator
So in lieu of the Bill and print, the author has agreed to instead allow local education agencies to provide a list of their available land to HCD and DGS to review. And then HCD and DGS can use their similar process for excess sites to determine which sites are suitable for housing development.
- Aisha Wahab
Legislator
And then project developers would be subject to the requirements in the excess sites program. However, units developed would prioritize school district employees first, followed by local residents, followed by Members of the public. So it's. It's school staff, teachers, whoever the case may be, then that. That local. And then it just goes broader afterwards.
- Aisha Wahab
Legislator
But we are trying to, at least again, prioritize the whole reason why we're trying to do this Bill. You have any other questions?
- Rosilicie Ochoa Bogh
Legislator
I'm good. I'm just trying to read his body language. You can never know it.
- Aisha Wahab
Legislator
You can never know it. Right. So are we good with any questions? Any other thoughts?
- Rosilicie Ochoa Bogh
Legislator
I just want to just comment. The fact that I actually appreciate the ability to build more housing, that language that's being proposed, is that part of the current amendments that is moving forward?
- Aisha Wahab
Legislator
Yes, he's accepted the amendments. And this was one of the things that we wanted to prioritize, obviously, and I want to make this very clear, at least from my perspective, we want to prioritize home ownership as well as rentals, but home ownership first.
- Aisha Wahab
Legislator
Any other questions, comments, thoughts, concerns? All right. Would you like to close? Thank you. Do we have a motion? Senator Grayson has moved the Bill. Can we get a roll call?
- Aisha Wahab
Legislator
All right, that Bill is on call. We're going to move on to File item number three, SB677.
- Aisha Wahab
Legislator
All right, that bill's on call. We're going to move on to final item number one, SB16. And. And can we have Senator Padilla ring? Okay, thank you. Thank you.
- Aisha Wahab
Legislator
So that Bill is out 10 to 0. We're going to lift the call for file number two. SB 79.
- Aisha Wahab
Legislator
6-2. That Bill is out. We're going to move on to file. We file number three. Just call the absent Members.
- Aisha Wahab
Legislator
All right. We. So that Bill failed. It's four to three. Reconsideration is granted. We're going to move on to four ayes three. Yeah. File number four. SB543.
- Aisha Wahab
Legislator
That Bill is out 11 to 0. We're going to move on to final items 5. SB 749.
- Aisha Wahab
Legislator
So that Bill is 8 to 2. That Bill is out. We're going to move on to final item 6, SB 770.
- Aisha Wahab
Legislator
That Bill is out. 9-2. We're going to move on to file item 7. SB 9.
- Aisha Wahab
Legislator
10 to 1. That Bill is out. We're gonna move on to final item 8. SB 502.
- Aisha Wahab
Legislator
All right. That Bill is out. 9-1 and we're going to move on to consent. Final item number nine. SB410.
- Aisha Wahab
Legislator
Excuse me. I'm so sorry. That Bill is out 11 to 0. Final item 10. Senator Cortese SB 750 Vice Chair.
- Aisha Wahab
Legislator
All right, so that wraps up Senate Housing. We are officially adjourned. Thankfully.
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