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AB-2071 Accessory dwelling units: improvements: liability. (2017-2018)

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Date Published: 02/07/2018 09:00 PM
AB2071:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2071


Introduced by Assembly Member Bloom

February 07, 2018


An act to add Section 65852.21 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2071, as introduced, Bloom. Accessory dwelling units: improvements: liability.
The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones, as specified. That law requires the ordinance to, among other things, impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.
This bill would provide that a public entity, including, but not limited to, a city, county, or city and county; public officer, including, but not limited to, a member of the legislative body of a city, county, or city and county; or an employee of a public entity, is not liable for any personal injury, death, property damage, or inverse condemnation, that has arisen from or is related to the use of an accessory dwelling unit and that is proximately caused by any utility system, including, but not limited to, a water system or electrical system equipment, that the public entity owns, operates, or maintains if the legislative body of a local agency has permitted the water, electrical system equipment, or accessory dwelling unit, to remain in the same location as it existed prior to January 1, 2018. The bill would limit the application of this provision to specified accessory dwelling units constructed prior to January 1, 2018 that, at the time of the personal injury, death, property damage, or inverse condemnation, the owner was attempting to bring into compliance with applicable local agency rules, regulations, or ordinances.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65852.21 is added to the Government Code, to read:

65852.21.
 (a) Notwithstanding any other law, a public entity, including, but not limited to, a city, county, or city and county, public officer, including, but not limited to, a member of the legislative body of a city, county, or city and county; or an employee of a public entity shall not be liable for any personal injury, death, property damage, or inverse condemnation that has arisen from or is related to the use of an accessory dwelling unit and that is proximately caused by any utility system, including, but not limited to, a water system or electrical system equipment, that the public entity owns, operates, or maintains, if the legislative body of a local agency has permitted the water, electrical system equipment, or accessory dwelling unit, to remain in the same location as it existed prior to January 1, 2018.
(b) This section shall only apply to the use of an accessory dwelling unit that meets both of the following:
(1) The accessory dwelling unit was constructed prior to January 1, 2018 pursuant to an ordinance adopted pursuant to Section 65852.2 as that section read on December 31, 2017.
(2) The owner of the accessory dwelling unit, at the time of the personal injury, death, property damage, or inverse condemnation, was attempting to bring the accessory dwelling unit into compliance with applicable local agency rules, regulations, or ordinances.