AB 2923 Implementation

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.

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 of Directors to adopt 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. It's important to note that these conformance findings are to fulfill a state mandate. 

You can find more information about BART’s development interests and priorities in the Transit-Oriented Development Program Work Plan: 2024 Update.  BART will continue to engage with local jurisdictions, stakeholders, and the public as BART advances development on its properties.

Next Steps

Section 29101.11 of the Public Utilities Code requires BART to submit a report to the state Legislature no later than July 1, 2027, assessing the law’s effect in accelerating and improving the quality of TOD at its stations. 

Resources and Materials

AB 2923 Legislation

The following were 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 Transit-Oriented Development Program Work Plan: 2024 Update (1.4 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