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Home My WebLink About04. Update on SB 1069 - Accessory Dwelling UnitsCentral Contra Costa Sanitary District June 6, 2016 TO: ADMINISTRATION COMMITTEE VIA: ROGER S. BAILEY, GENERAL MANAGER r FROM: EMILY BARNETT, COMMUNICATION SERVICES AND INTERGOVERNMENTAL RELATIONS MANAGER SUBJECT: UPDATE ON SB 1069 (WIECKOWSKI) - ACCESSORY DWELLING UNITS 4. At a recent Board meeting there was a request for an update on SB 1069 (Wieckowski). After Board discussion, it was the consensus of the Board that legislative matters be discussed first at the Administration Committee. While this bill is being discussed by the legislature in its current form, it is anticipated that some of the language may change as it progresses through the legislative process. California Association of Sanitation Agencies (CASA) has been closely monitoring this bill with regard to its potential effect on wastewater agencies. Below is a recap of CASA's efforts to date. CASA Bill SB 1069 Summary Language: The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of second units in single-family and multifamily residential zones, as specified. That law makes findings and declarations with respect to the value of second units to California's housing supply. This bill would replace the term "second unit" with "accessory dwelling unit" throughout the law. CASA Current Position on SB 1069: Oppose, unless amended, work with author CASA Next Steps on SB 1069: CASA is planning to submit to the author alternative language to provide a compromise to the specific part of the legislation dealing with the inability of water/wastewater agencies to collect connection fees for accessory dwelling units. This bill continues to move through the legislative process and gain supporters and momentum as a potential answer to high rents and to stimulate the development of low-income housing. CASA believes it is necessary to attempt to remove the language of issue and offer a compromise from the wastewater industry rather than opposing the bill in its entirety and risk the inability to collect any connection fees for accessory dwelling units. While this language is being offered, there is no guarantee the author will accept the amendments. C:\Users\ebarnett\Desktop\Legislative AdvocacylBoard memo on legislation 2016-2017\SB 1069 Wieckowski - Accessory Dwelling Units.docx Below is background information that may be useful in accessing the bill's impact to the District. Existing Law Government Code Section 65852.2 (f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Lanauaae Currently in SB 1069 (f) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Accessory dwelling units shall not be considered new residential uses for the purposes of calculating private or public utility connection fees, including water and sewer service. New Proposed Amendments (in blue) to SB 1069 (f) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000). Fees charged for water or sewer connections for accessory dwelling units shall be determined in accordance with Government Code section 66013. (1) In the event that private or public utility connection fees for water and sewer service for an accessory dwelling unit exceed 80% of the connection fee that would be imposed for a new residential use that is not an accessory dwelling unit, the Local agency shall be required to demonstrate that the fees are reasonably necessary to generate revenue sufficient to provide the service for which the fee or charge is imposed without subsidy by ratepayers. (2) Nothing in this section prevents a private or public utility from utilizing existing analyses or reports upon which existing connection fees are established by ordinances or resolutions to comply with subsection (f)(1). District Staff Work to Date Includes: • Provided input on amendment language to be submitted to author by 5/27/16. • Participated on CASA's State Legislative Committee in several in-person and conference call meetings including: o 5/21/16 (Alm — provide amendment language to CASA) o 5/20/16 (Barnett, Alm, Schectel - call) o 5/16/16 (Barnett in-person meeting with League of Cities Representative Sam Caygill — Walnut Creek) o 4/6/16 (Barnett in-person all day conference - Sacramento) o 4/1/16 (Barnett, Alm - call) o 3/10/16 (Barnett, Alm, Schectel — internal meeting) o 3/11/16 (Barnett in-person — Sacramento) C:1Userslebarnett\DesktoplLegislative Advocacy\Board memo on legislation 2016-2017\SB 1069 Wieckowski - Accessory Dwelling Units.docx Staff will continue to work with CASA to monitor this bill and will provide updates as warranted. To Date Votes: SB -1069 Land use: zoning. {2oi5-2c(16) Text Votes History &11 Analysis Today's Law As Atnended O Compare versions Status Comments To Author Dat. Result Location I Ayes I toes NVR I Medan P J /16/16 ; P4SS) Senate Floor ?9 1 9 Senate 3rd Reading 801069 Vereckowsk, Ayes: Allen, Anderson, Beall, eerryhill, Block, Cannella, De Lean, Fuller, Games, Galipan,, Hancock, Hernandez, Hertzberg, Hill, Hues°, Huff, Lan, keno, Leyva, Lad, Hitched, Mooning, Maorlach, Nielsen, Roth, stone, Vidak, Wieckowski, Wolk Noes: Bates, Glazer, Pavley No Votes Recorded: Hall, Jackson, McGuire, Mendoza, Morrell, Nguyen, Pan, Runner O 4/20/16 (PASSl Sen Governance and Finance 6 a 1 Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations) Ayes: Beall, Hernandez, Hertzberg, Lan, Moorlach, Nguyen Noes: No Votes Recorded: Pavley 04/19/16 (PASS) Sen Transportation and Housing 10 1 0 Do pass, but fust be re-referred to the Committee on (Governance and Finance] Ayes: Allen, Beall, Cannella, Gaines, Gaig,anl, Leyva, McGuire, Mendoza, Roth, Wieckowst Naos: Bates No Votes Recorded: (continued on next page) C:\Users\ebarnett\Desktop\Legislative Advocacy\Board memo on legislation 2016-20171SB 1069 Wieckowski - Accessory Dwelling Units.docx Current Status: Last Amend: 4/26/2016 Status: 5/27/2016 In Assembly Committees on Housing and Community Development and Local Gov't SB -1069 Land use: zoning. (2o15 -2o15) Text � Votes History I Bill Analysis I Today's Law As Amended O Compare Versions Status I Comments To Author Senate: 1st Cmt 2nd Cmt 2nd 3rd Pass Assembly: 1st Cmt lI1 Status Pleasure: 56-1069 Lead Authors: Wieckowski (5) Principal Coauthors: - Coauthors: Atkins (A) Topic: Land use: zoning. list bay in Print: 03/15/16 Title: An act to amend Sections 65552.1, 65593.1, 65589.4, 65852.150, 65852,2, and 66412.2 of the Government Code, relating to land use. House Location: Assembly Lest Amended Date: 04/26/16 Committee Location: Asm Housing and Community Development Type of Pleasure Active - In Committee Process Majority Vete Required Nan -Appropriation Fiscal Committee State -mandated Local Program Nun -Urgency Non -tax levy Last S Mistery Actions I Dat* ; Action 05/27116 Referred to Com,. on H. & C.D. and L. GOV. 05/16/16 In Assembly. Read first time. Held at Desk, 05/16116 Read third time. Passed. (Ayes 29, Noes 3. Page 3872.) Ordered to the Assembly. O 5/10/16 Read second time. Ordered to third reading. O 5/09/16 From committee: 6e ordered to second reading pursuant to Senate Rule 28.8. Attached Supporting Documents: 1. SB Bill #1069 Fact Sheet (Wieckowski) from the Office of Senator Bob Wieckowski C:\Users\ebarnett\Desktop\Legislative Advocacy\Board memo on legislation 2016-20171SB 1069 Wieckowski - Accessory Dwelling Units.docx