California Assembly Bill 2097 (2022)
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| California Assembly Bill 2097 (2022) | |
|---|---|
| California State Legislature | |
| Full name | An act to amend Section 65585 of, and to add Section 65863.2 to, the Government Code, relating to land use. |
| Introduced | February 14, 2022 |
| Assembly voted | September 29, 2022 |
| Senate voted | September 30, 2022 |
| Signed into law | September 22, 2022 |
| Sponsor(s) | Friedman (A), Portantino (S), Wiener (S), Haney (A), Lee (A), Skinner (S), Ward (A) |
| Governor | Gavin Newsom |
| Code | Government Code |
| Bill | California Assembly Bill 2097 |
| Associated bills | California Density Bonus Law, California HOME Act, CEQA, HAA, the ADU law, the Affordable Housing and High Road Jobs Act, Affordable Housing on Faith and Higher Education Lands Act, AB 2553 (2024), AB 2712 (2024) |
| Website | https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 |
Status: Current legislation | |
California Assembly Bill 2097 (AB 2097) is a 2022 California statute which prohibits California cities and other public agencies from mandating parking for most development projects within 0.5 miles (0.8 km) of a major transit stop. The law also establishes a "substantial hardship exception" which allows a public agency to impose a parking mandate within 0.5 miles of a major transit stop if the agency submits an application with evidence of a negative impact upon either the agency's ability to meet its RHNA obligations for low and very low income residents, disabled and elderly residents, or existing residential or commercial parking within 0.5 miles of a housing development project.
Earlier law
An earlier law, AB 744 (drafted by Ed Chau, signed by Jerry Brown in 2015), allowed for developers of certain types of affordable housing (housing for seniors, housing for special needs populations, housing for low-income and very-low income people, and mixed-income developments that include a minimum number of affordable units) to build less parking units than required by local zoning regulations upon request by the developer, unless the city demonstrates a need to require mandatory parking.[1][2]
Current law
The law was drafted by Laura Friedman, and emanated from portions of California Senate Bill 50, an unsuccessful 2019 bill which would have both prohibited parking mandates within 0.5 miles of a major transit stop as well as mandated minimum four-plex residential zoning in the same locations.
Initially drafted as AB 1401 in 2021, the bill was passed by the Assembly but died in the Senate Appropriations Committee.[3]
Refiled in 2022 as AB 2097, the bill was passed by both houses by August 30, 2022, and signed into law by Governor Gavin Newsom on September 22, 2022.[4][5] Taking effect on January 1, 2023, California became the second state after Oregon to eliminate parking minimums near public transit.
Impact
A 2025 study argued that the law was overly complex and ambiguous, allowing for broad interpretation of the law by local governments ranging from expansive interpretations (including citywide repeal) on one end to uses of loopholes to subvert the law on the other. The study described the law as an example of the differences in ease of state preemption of local governments when applied to land use compared to other applications of preemption.[6]