AB 2923

AB 2923 makes it legal for the Bay Area Rapid Transit District (BART) to build multi-family, mixed-income housing on its parking lots and other land it owns throughout the Bay Area. The bill is expected to produce over 20,000 new homes — 7,000 of which will be affordable to lower-income residents — by 2040, many of which will be adjacent to, or walking distance from, BART’s rapid transit system.

As a transit district, BART has an ambitious policy about transit-oriented development (TOD) that includes the goal of building more affordable, multi-family housing near its stations. AB 2923 helps BART achieve that goal while maintaining local jurisdictions’ ability to have input and influence on a project’s design and community amenities. It will also help reduce traffic congestion and air pollution by eliminating parking, and making it easier for residents to walk and take transit.

The bill achieves this by: 

  • Requiring the BART Board to establish new guidelines for transit-oriented development for BART-owned land at or around a BART station; cities would then update their local zoning to be consistent with these new zoning standards, while retaining their broader zoning and permitting authority.
  • Establishing ministerial approval for residential mixed-use projects on BART land that satisfy local zoning.
  • Requiring that at least 20% of the residential units constructed within each TOD project must be affordable to very low and low -income households, and subject to a recorded affordability restriction for at least 55 years.
  • Establishing prevailing wage and “skilled and trained” workforce requirements to ensure that workers share the benefits of increased housing production.

Click here to read our letter of support.

Authors: David Chiu (D, AD 17), Tim Grayson (D, AD 14)

Resolution:

AB 2923 was signed by the governor on 9/30/18

Assembly Floor (8/28/19): 46 Yes / 28 No

Senate Floor (8/23/18): 26 Yes / 13 No

Click here for a detailed vote history.

Press Coverage

California Senate passes huge BART housing bill – SF Curbed

Housing at Transit: Berkeley Moves to Comply with New State Zoning Law – Street Blog California

BART Beats NIMBYs, But Not at Every Station – SF Weekly

State Senate passes AB-2923: More housing could be built at BART stations – ABC 7

Supporters:

  • Non-Profit Housing Association of Northern California [CO-SPONSOR]
  • State Building and Construction Trades Council [CO-SPONSOR]
  • A.Philip Randolph Institute
  • Bay Area Council
  • Brightline Defense
  • CalAsian Chamber
  • California Apartment Association
  • California League of Conservation Voters
  • California YIMBY
  • City and County of San Francisco
  • Council of Infill Builders
  • Greenbelt Alliance
  • Habitat for Humanity
  • International Association of Sheet Metal, Air, Rail and Transportation Workers
  • Mission Hiring Hall
  • Sheet Metal Workers’ Local Union No. 104
  • Silicon Valley Leadership Group
  • SPUR (in concept)
  • TransForm
  • Young Community Developers
  • YIMBY Action