SB 79 on the Governor’s Desk

By Mary O’KEEFE

The controversial bill SB 79 is now on Gov. Gavin Newsom’s desk. He has until Oct. 13 to sign or veto the bill. 

The original Senate Bill 79, introduced by Senator Scott Wiener, would automatically up-zone land within a quarter mile of rail stations, major bus stops and ferry terminals. It would allow for transit agencies to build on their own property with greater density than local zoning, and would streamline transit-oriented development approval processes.

However, there have been several amendments to the original bill, some of which were pointed out by State Senator Sasha Renée Pérez when she spoke on the floor of the Senate just before she voted yes on the bill. 

She thanked Wiener for working with her, answering her questions and making the numerous amendments to the bill after hearing from constituents. She acknowledged some of the amendments. 

“First and foremost, for cities with 35,000 residents or fewer, the bill only applies within a quarter mile of a transit stop, recognizing that smaller jurisdictions have different needs.This was something that was very important, particularly to small cities in my district such as the city of South Pasadena,” Pérez said. “We’ve heard repeatedly and unfortunately have heard lots of misinformation about whether or not this bill would apply to the areas where the LA fires hit, particularly Altadena in my district and the Palisades [in] Senator Ben Allen’s district. As has been repeated many times, this bill does not apply to those areas. And I want to make that very clear – there is no light rail. We do not have bus rapid transit in those locations.”

But there are several leaders from cities, and counties, throughout the state that have reservations concerning the bill and are requesting Newsom not sign AB 79 into law. One of those leaders is Los Angeles City Mayor Karen Bass, who wrote a letter on Sept. 17 to the governor asking him to veto the bill and continuing her opposition to SB 79.

“While I support the intent to accelerate housing development statewide, as written, Senate Bill 79 risks significant unintended consequences for many of Los Angeles’ diverse communities,” she wrote. “We must create more housing near transit hubs and areas with access to jobs, education and amenities. We must streamline the production of housing for all Angelenos. However, we must do so in a way that does not erode local control, diminish community input on planning and zoning and disproportionately impact low-resource neighborhoods.” 

She added that LA has already worked to make substantial efforts that align with the state. 

That seems to be a common issue for those cities that oppose the bill. Despite the amendments, it does appear that all cities are painted with the same brush. City leaders have voiced concern that their independence and uniqueness is not being taken into consideration. 

During her speech on the floor prior to her vote, Pérez addressed some of the issues raised by those cities including individuality. She asked Wiener to address that portion of the amendment. 

“Would you speak a little bit to this and how you worked this into the bill (6:22) to make sure that local leaders are able to apply their knowledge of their communities to this bill?” Pérez asked. 

Wiener responded, “So, yes, from the very beginning of this bill, we have had a provision to say that cities can craft an alternative plan that meets the goals of the bill but does it in their own unique way. It was fairly bare bones at the beginning. We then amplified it in the Senate, and we did intensive work on that aspect of the bill in the Assembly Local Government Committee, and it is very robust now.”

Despite the amendments, city leaders are still concerned about local control and where the infrastructure funds will come from regarding housing. 

Now that the bill is on the governor’s desk there is no formal public comment period but people can still share their opinion in support or against the bill by contacting the governor’s office. 

A form to comment can be found at https://www.gov.ca.gov/contact. 

There is found the question, “What is your request or comment about?” Respondents should go to the drop down menu [Topic-Select an option) and choose “An Active Bill” then “What specific bill?” will pop up; respondents will have to scroll through all the AB listings to SB 79; click on that. Then leave a comment.

Other options include mailing a comment via USPS. Address to Governor Gavin Newsom, 1021 O Street, Ste. 9000, Sacramento, CA 95814 or call the governor’s office at (916) 445-2841 to leave a comment.