New bill would extend controversial housing law
SB 35 forces cities to approve certain developments with affordable units
Hoping to build on an effort to get much-needed affordable housing approved across California, Sen. Scott Wiener on Monday announced plans to expand a contentious state law that forces cities to approve certain projects.
Senate Bill 35 — one of Wiener's signature achievements — shook up the state's building process when it was passed in 2017, and sparked intense pushback from some city leaders and residents who contended it gave Sacramento too much control over what kind of housing is allowed in their neighborhoods.
But it also helped thousands of new homes make it through an approval and permitting process that can otherwise be so difficult that projects are stymied. Now, Wiener wants to make the changes permanent by removing the sunset provision on SB 35, which is set to expire in 2025. He's also proposing changes that would expand the law's reach.
“California needs millions of new homes, and we must give cities and builders every tool to make those homes a reality,” he said in a news release.
Under SB 35, cities must grant streamlined approval to certain projects that include affordable housing — and those projects are immune from environmental lawsuits often used by opponents to halt or delay construction. The law applies only in cities that have not approved enough housing to meet state guidelines — which includes most California cities.
Between 2018 and 2021, developers proposed 18,000 housing units under SB 35 — including 13,000 low-income units, Wiener's team said, citing preliminary data from UC Berkeley's Terner Center for Housing Innovation. Of those, more than 11,000 were approved. San Francisco alone added nearly 2,000 units under the law.
“SB 35 is an essential tool for streamlining housing in California,” San Francisco Mayor London Breed said in a news release. “It has helped San Francisco build affordable housing projects quickly in neighborhoods across the City, and more importantly, it has helped us to create safe homes for people who need them.”