What is Assembly Bill (AB) 2923?
On September 30, 2018, Governor Brown signed AB 2923 into law. It added sections 29010.1 through 29010.12 to California’s Public Utilities Code, affecting zoning requirements on existing BART-owned property in Alameda, Contra Costa, and San Francisco counties within a half-mile of stations. AB 2923 includes two core components:
- Transit-Oriented Development (TOD) Zoning Standards: BART was to either let AB 2923 Baseline Zoning Standards become the TOD standards or set more intensive standards for AB 2923 parcels by July 1, 2020. BART took no action to rezone AB 2923 parcels in 2020, thus AB 2923 Baseline Zoning Standards became BART's TOD zoning standards. Cities and counties had until July 1, 2022 to rezone non-conforming parcels to align with the AB 2923 Baseline Zoning Standards.
- Development Streamlining: Developers in an exclusive negotiating agreement with BART to develop its property may apply for expedited approval from local cities and counties, as articulated in Senate Bill 35 (2017, Weiner), if (1) the project is at least 50% residential; (2) a minimum of 20% of proposed housing is affordable to low- or very low- income households; (3) the height is within one story of the tallest approved height within a ½ mile; and (4) the construction plan meets required labor standards described in the bill.
BART worked with local jurisdictions and many other stakeholders to produce resources and materials that support implementation of AB 2923 and describe how it affects BART’s TOD program. Since the law’s passage in 2018, BART staff have given numerous public presentations about AB 2923.
Latest News
September 2022 Update
The BART Board of Directors adopted a resolution of BART's finding of conformance with AB 2923 Baseline Zoning Standards at their August 25, 2022 meeting. The AB 2923 Baseline Zoning Standards became the local zoning as of August 25, 2022 where local zoning does not conform until the law sunsets on January 1, 2029. The Summary of AB 2923 Conformance Findings by Station is found in the resources and materials section below.
AB 2923 Baseline Zoning Standards
The AB 2923 Baseline Zoning Standards are shown in the exhibits below. Exhibit 1 indicates the TOD Place Types for station areas with land subject to AB 2923. Exhibit 2 details AB 2923 Baseline Zoning Standards by TOD Place Type.
Exhibit 1: TOD Place Types for Stations Subject to AB 2923
Exhibit 2: AB 2923 Baseline Zoning Standards for Each TOD Place Type
Implementation Plan
Since AB 2923 was signed into law, BART has reaffirmed its ongoing partnerships with cities and counties in advancing development on BART’s property. Beginning in spring 2019, BART worked closely with all affected local jurisdictions, stakeholders, and the public to discuss potential paths forward for AB 2923 implementation. This effort has culminated in the development of resources and materials that were used by the BART Board to adopt findings of local zoning conformance with AB 2923 Baseline Zoning Standards on August 25, 2022. It's important to note that these conformance findings are to fulfill a state mandate. You can find more information about our development interests and priorities in BART's Transit-Oriented Development Program Work Plan. We will continue to engage with local jurisdictions, stakeholders, and the public as BART advances development on its properties.
Resources and Materials
The following have been developed as part of AB 2923 implementation efforts:
- Brochure: AB 2923 and How It Affects BART's Transit-Oriented Development Program (3.3 MB, PDF)
- A Technical Guide to Zoning for AB 2923 Conformance (23.5 MB, PDF)
- BART’s Transit-Oriented Development Work Plan (6.9 MB, PDF)
- BART’s TOD Work Plan Appendix (1.7 MB, PDF)
- ArcView Online map of AB 2923 Parcels and TOD Work Plan (Link)
- AB 2923 Conformance Checklist Instructions (0.2 MB, PDF)
- AB 2923 Conformance Checklist Workbook (0.02 MB, Excel)
- BART Transportation Demand Management Program for Transit-Oriented Development (2.0 MB, PDF)
- Summary of AB 2923 Conformance Findings by Station (0.9 MB, PDF)
- Station Area Fact Sheets, Updated August 25, 2022 (6.6 MB, PDF)
Archive of Public Outreach
Date | Description of AB 2923 activity | Links |
Dec 6, 2018 | BART Board meeting: Overview | Item 18-312 Memo and presentation |
Jan 24, 2019 | BART Board workshop: Preliminary implementation plan | Item 18-333 Presentation |
Jun 13, 2019 | BART Board meeting: Implementation plan update | Item 18-481 Memo and presentation |
Aug 21 and Sep 5, 2019 | Public webinar: Implementation update | |
Feb 14, 2020 | BART Board workshop: Outline for the Technical Guide (Guidance Document) | Item 18-671 Presentation |
Mar 5 and Mar 10, 2020 | Public webinar: Outline for the Technical Guide (Guidance Document) | |
Jun 18, 2020 | BART Board memorandum: Draft Technical Guide announcement | |
Jul 23, 2020 | BART Board meeting: Overview of the draft Technical Guide and AB 2923 Development Principles | Item 18-798 Presentation and draft development principles |
Aug 27, 2020 | BART Board meeting: AB 2923 Development Principles | Item 18-838 Presentation and development principles |
Feb 11, 2022 | BART Board workshop: Preliminary local conformance findings as part of the Transit-Oriented Development Update | Item 22-053 Presentation |
Jul 28, 2022 | BART Board meeting: Assembly Bill 2923 Transit-Oriented Development Conformance Findings (for information) | Item 22-287 Presentation, memo and recommended findings |
Aug 25, 2022 | BART Board meeting: Assembly Bill 2923 Transit-Oriented Development Conformance Findings (for action) | Item 22-231 Executive decision document, resolution, and presentation |