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AB-2071 Government immunity: accessory dwelling units: improvements: permits.(2017-2018)

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Date Published: 05/14/2018 09:00 PM
AB2071:v98#DOCUMENT

Amended  IN  Assembly  May 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2071


Introduced by Assembly Member Bloom

February 07, 2018


An act to add Section 65852.21 819 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2071, as amended, Bloom. Accessory Government immunity: accessory dwelling units: improvements: liability. permits.
Existing law declares that a public entity is not liable for an injury caused by the issuance, denial, suspension, or revocation of, or by the failure or refusal to issue, deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or an employee thereof is authorized by enactment to determine whether that authorization should be issued, denied, suspended, or revoked.
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, the City of Los Angeles is not liable for an injury or for damage 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 city designed, owns, operates, or maintains if the legislative body of a local agency city has permitted the water, electrical utility system equipment, or equipment and the accessory dwelling unit, unit or structure being converted to an 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 structures constructed prior to January 1, 2018 2018, that, at the time of the personal injury, death, property damage, or inverse condemnation, injury or damage, the owner was attempting to bring or had brought into compliance with applicable local agency rules, regulations, or ordinances.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65852.21 819 is added to the Government Code, to read:

65852.21.819.
 (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 The City of Los Angeles, pursuant to existing state law, including, but not limited to, Sections 818.2 and 818.4, is not liable for an injury or for damage 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 city designed, owns, operates, or maintains, if the legislative body of a local agency City of Los Angeles has permitted the water, electrical utility system equipment, or equipment and the accessory dwelling unit, unit or the utility system equipment and the structure being converted to an 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 or structure being converted to an accessory dwelling unit that meets both of the following:
(1) The accessory dwelling unit structure was constructed prior to January 1, 2018 2018, and has been converted or is in the process of being converted to an accessory dwelling unit pursuant to an ordinance adopted pursuant to Section 65852.2 as that section read on December 31, 2017. 65852.2.
(2) The owner of the accessory dwelling unit, unit or structure being converted to an accessory dwelling unit, at the time of the personal injury, death, property damage, or inverse condemnation, injury or damage was attempting to bring or had brought the accessory dwelling unit structure into compliance with applicable local agency rules, regulations, or ordinances.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the particular needs of the City of Los Angeles and its unique experience implementing the law as it previously read.