California 2025 2025-2026 Regular Session

California Assembly Bill AB1055 Amended / Bill

Filed 03/10/2025

                    Amended IN  Assembly  March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1055Introduced by Assembly Member BoernerFebruary 20, 2025 An act to amend Section 11104.5 66315 of the Government Code, relating to state agencies. land use.LEGISLATIVE COUNSEL'S DIGESTAB 1055, as amended, Boerner. State agencies: electronic transmission of information. Accessory dwelling units: proof of residential occupancy requirements.Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms 30 days or longer.This bill would additionally authorize a local agency to require proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.Existing law, with certain exceptions, requires that any requirement that a state agency send specified communications through the United States mail be deemed to include the authority for the state agency to send that communication by electronic mail upon the request of the recipient. Existing law authorizes a state agency to require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to specified provisions of existing law.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66315 of the Government Code is amended to read:66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:(a) That the property may be used for rentals of terms 30 days or longer.(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.SECTION 1.Section 11104.5 of the Government Code is amended to read:11104.5.(a)Notwithstanding any other law, any requirement that a state agency send material, information, notices, correspondence, or other communication through the United States mail shall be deemed to include the authority for the state agency to send that material, information, notice, correspondence, or other communication by electronic mail upon the request of the recipient, unless impracticable to do so, or unless contrary to state or federal law.(b)A state agency may require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to this section and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(c)Nothing in this section shall be construed to permit an agency to act in a manner inconsistent with the standards adopted pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).

 Amended IN  Assembly  March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1055Introduced by Assembly Member BoernerFebruary 20, 2025 An act to amend Section 11104.5 66315 of the Government Code, relating to state agencies. land use.LEGISLATIVE COUNSEL'S DIGESTAB 1055, as amended, Boerner. State agencies: electronic transmission of information. Accessory dwelling units: proof of residential occupancy requirements.Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms 30 days or longer.This bill would additionally authorize a local agency to require proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.Existing law, with certain exceptions, requires that any requirement that a state agency send specified communications through the United States mail be deemed to include the authority for the state agency to send that communication by electronic mail upon the request of the recipient. Existing law authorizes a state agency to require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to specified provisions of existing law.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  March 10, 2025

Amended IN  Assembly  March 10, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 1055

Introduced by Assembly Member BoernerFebruary 20, 2025

Introduced by Assembly Member Boerner
February 20, 2025

 An act to amend Section 11104.5 66315 of the Government Code, relating to state agencies. land use.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1055, as amended, Boerner. State agencies: electronic transmission of information. Accessory dwelling units: proof of residential occupancy requirements.

Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms 30 days or longer.This bill would additionally authorize a local agency to require proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.Existing law, with certain exceptions, requires that any requirement that a state agency send specified communications through the United States mail be deemed to include the authority for the state agency to send that communication by electronic mail upon the request of the recipient. Existing law authorizes a state agency to require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to specified provisions of existing law.This bill would make nonsubstantive changes to those provisions.

Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms 30 days or longer.

This bill would additionally authorize a local agency to require proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.

Existing law, with certain exceptions, requires that any requirement that a state agency send specified communications through the United States mail be deemed to include the authority for the state agency to send that communication by electronic mail upon the request of the recipient. Existing law authorizes a state agency to require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to specified provisions of existing law.



This bill would make nonsubstantive changes to those provisions.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 66315 of the Government Code is amended to read:66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:(a) That the property may be used for rentals of terms 30 days or longer.(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.SECTION 1.Section 11104.5 of the Government Code is amended to read:11104.5.(a)Notwithstanding any other law, any requirement that a state agency send material, information, notices, correspondence, or other communication through the United States mail shall be deemed to include the authority for the state agency to send that material, information, notice, correspondence, or other communication by electronic mail upon the request of the recipient, unless impracticable to do so, or unless contrary to state or federal law.(b)A state agency may require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to this section and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(c)Nothing in this section shall be construed to permit an agency to act in a manner inconsistent with the standards adopted pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).

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

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

SECTION 1. Section 66315 of the Government Code is amended to read:66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:(a) That the property may be used for rentals of terms 30 days or longer.(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.

SECTION 1. Section 66315 of the Government Code is amended to read:

### SECTION 1.

66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:(a) That the property may be used for rentals of terms 30 days or longer.(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.

66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:(a) That the property may be used for rentals of terms 30 days or longer.(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.

66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:(a) That the property may be used for rentals of terms 30 days or longer.(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.



66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property either of the following:

(a) That the property may be used for rentals of terms 30 days or longer.

(b) Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.





(a)Notwithstanding any other law, any requirement that a state agency send material, information, notices, correspondence, or other communication through the United States mail shall be deemed to include the authority for the state agency to send that material, information, notice, correspondence, or other communication by electronic mail upon the request of the recipient, unless impracticable to do so, or unless contrary to state or federal law.



(b)A state agency may require that direct costs incurred by the agency involving the electronic transmission of information be paid by the requester pursuant to this section and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).



(c)Nothing in this section shall be construed to permit an agency to act in a manner inconsistent with the standards adopted pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).