20250SB__111798AMD INTRODUCED 2026-02-17 AMENDED_ASSEMBLY 2026-07-08 2025 SB AMD Introduced by Senator Cervantes LEAD_AUTHOR SENATE Cervantes

An act to amend

Section 66311.5 of the Government Code, relating to land use. land use Accessory dwelling units and junior accessory dwelling units. Existing law, the Planning and Zoning Law, among other things, provides for the creation by ordinance, or by ministerial approval if the local agency has not adopted an ordinance, of an accessory dwelling unit (ADU) in accordance with specified standards and conditions. Existing law requires fees charged for the construction of ADUs to be determined in accordance with specified provisions of the Mitigation Fee Act.

Existing law prohibits a local agency, special district, or water corporation from imposing any impact fee upon the development of an ADU that has square feet of interior livable space or less, and requires any impact fees charged for an ADU that has more than square feet of interior livable space to be charged proportionately in relation to the square footage of the primary dwelling unit. This bill would require the charge for certain accessory dwelling units to be based only on the area in excess of square feet of interior livable space.

By changing the duties of local agencies with regard to calculating fees for ADUs, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 66311.5 of the Government Code is amended to read: 66311.5. (

a) Fees charged for the construction of accessory dwelling units or junior accessory dwelling units shall be determined in accordance with

Chapter 5 (commencing with

Section 66000) and

Chapter 7 (commencing with

Section 66012). (

b) An accessory dwelling unit or junior accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit was constructed with a new single-family dwelling. (c) (1) (

A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has square feet of interior livable space or less or a junior accessory dwelling unit that has square feet of interior livable space or less. (

B) For up to two accessory dwelling units on a lot, any impact fees charged for an accessory dwelling unit that has more than square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit, and only on the area in excess of square feet of interior livable space. (

C) For properties with more than two accessory dwelling units on a lot, any impact fees charged for an accessory dwelling unit that has more than square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” is defined in subdivision (

b) of

Section 66000, except that it also includes fees specified in

Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

(3) For the purposes of this

section and

Section of the Education Code, an accessory dwelling unit or junior accessory dwelling unit that contains less than square feet of interior livable space shall, for the purpose of subparagraph (

C) of paragraph (1) of subdivision (

a) of

Section of the Education Code, be considered other residential construction that does not increase assessable space by square feet. (

d) For an accessory dwelling unit or a junior accessory dwelling unit described in paragraph (1) of subdivision (

a) of

Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to

Section 66342. (

e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (

a) of

Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with

Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

SEC. 2. The Legislature finds and declares that ensuring housing is a matter of statewide concern and is not a municipal affair as that term is used in

Section of

Article XI of the California Constitution. Therefore,

Section of this act amending

Section 66311.5 of the Government Code applies to all cities, including charter cities.

SEC. 3. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of

Section of the Government Code.