Amended in Senate August 26, 2016

Amended in Senate August 19, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2299

Introduced by Assembly Member Bloom

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(Principal coauthor: Senator Wieckowski)

end insert

February 18, 2016

An act to amend Section 65852.2 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 2299, as amended, Bloom. Land use: housing: 2nd units.

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 2nd units in single-family and multifamily residential zones, as specified. Existing law authorizes the ordinance to designate areas within the jurisdiction of the local agency where 2nd units may be permitted, to impose specified standards on 2nd units, and to provide that 2nd units do not exceed allowable density and are a residential use, as specified.

This bill would replace the term “second unit” with “accessory dwelling unit.” The bill would, instead, require the ordinance to include the elements described above and would also require the ordinance to require accessory dwelling units to comply with specified conditions. This bill would require ministerial, nondiscretionary approval of an accessory dwelling unit under an existing ordinance. The bill would also specify that a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.

Existing law requires that parking requirements for 2nd units not exceed one parking space per unit or per bedroom. Under existing law, additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the 2nd unit and are consistent with existing neighborhood standards applicable to residential dwellings.

This bill would delete the above-described authorization for additional parking requirements.

By increasing the duties of local officials with respect to land use regulations, this bill would impose a state-mandated local program.

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This bill would incorporate additional changes in Section 65852.2 of the Government Code proposed by SB 1069 that would become operative only if SB 1069 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 65852.2 of the Government Code is
amended to read:

65852.2.  

(a) (1) A local agency may, by ordinance, provide
for the creation of accessory dwelling units in single-family and
multifamily residential zones. The ordinance shall do all of the
following:

(A) Designate areas within the jurisdiction of the local agency
where accessory dwelling units may be permitted. The designation
of areas may be based on criteria, that may include, but are not
limited to, the adequacy of water and sewer services and the impact
of accessory dwelling units on traffic flow and public safety.

(B) 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.

(C) Notwithstanding subparagraph (B), a local agency may
reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.

(D) Provide that accessory dwelling units do not exceed the
allowable density for the lot upon which the accessory dwelling
unit is located, and that accessory dwelling units are a residential
use that is consistent with the existing general plan and zoning
designation for the lot.

(E) Require the accessory dwelling units to comply with all of
the following:

(i) The unit is not intended for sale separate from the primary
residence and may be rented.

(ii) The lot is zoned for single-family or multifamily use.

(iii) The accessory dwelling unit is either attached to the existing
dwelling or located within the living area of the existing dwelling
or detached from the existing dwelling and located on the same
lot as the existing dwelling.

(iv) The increased floor area of an attached accessory dwelling
unit shall not exceed 50 percent of the existing living area.

(v) The total area of floorspace for a detached accessory
dwelling unit shall not exceed 1,200 square feet.

(vi) No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.

(vii) No setback shall be required for an existing garage that is
converted to a accessory dwelling unit, and a setback of no more
than five feet from the side and rear lot lines shall be required for
an accessory dwelling unit that is constructed above a garage.

(viii) Local building code requirements that apply to detached
dwellings, as appropriate.

(ix) Approval by the local health officer where a private sewage
disposal system is being used, if required.

(x) (I) Parking requirements for accessory dwelling units shall
not exceed one parking space per unit or per bedroom. These spaces
may be provided as tandem parking on an existing driveway.

(II) Off­street parking shall be permitted in setback areas in
locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions, or that it
is not permitted anywhere else in the jurisdiction.

(xi) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory
dwelling unit, and the local agency requires that those off­street
parking spaces be replaced, the replacement spaces may be located
in any configuration on the same lot as the accessory dwelling
unit, including, but not limited to, as covered spaces, uncovered
spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts.

(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or
any local ordinance regulating the issuance of variances or special
use permits, within 120 days after receiving the application. A
local agency may charge a fee to reimburse it for costs that it incurs
as a result of amendments to this paragraph enacted during the
2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the
creation of accessory dwelling units.

(4) Any existing ordinance governing the creation of accessory
dwelling units by a local agency or any such ordinance adopted
by a local agency subsequent to the effective date of the act adding
this paragraph shall provide an approval process that includes only
ministerial provisions for the approval of accessory dwelling units
and shall not include any discretionary processes, provisions, or
requirements for those units except as otherwise provided in this
subdivision. In the event that a local agency has an existing
accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and
void upon the effective date of the act adding this paragraph and
that agency shall thereafter apply the standards established in this
subdivision for the approval of accessory dwelling units, unless
and until the agency adopts an ordinance that complies with this
section.

(5) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.

(6) This subdivision establishes the maximum standards that
local agencies shall use to evaluate proposed accessory dwelling
units on lots zoned for residential use that contain an existing
single-family dwelling. No additional standards, other than those
provided in this subdivision, shall be utilized or imposed, except
that a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner-occupant.

(7) A local agency may amend its zoning ordinance or general
plan to incorporate the policies, procedures, or other provisions
applicable to the creation of accessory dwelling units if these
provisions are consistent with the limitations of this subdivision.

(8) An accessory dwelling unit that conforms to this subdivision
shall be deemed to be an accessory use or an accessory building
and shall not be considered to exceed the allowable density for the
lot upon which it is located, and shall be deemed to be a residential
use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.

(b) When a local agency that has not adopted an ordinance
governing accessory dwelling units in accordance with subdivision
(a) receives its first application on or after July 1, 1983, for a permit
pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially
without discretionary review pursuant to subdivision (a) within
120 days after receiving the application.

(c) A local agency may establish minimum and maximum unit
size requirements for both attached and detached accessory
dwelling units. No minimum or maximum size for a accessory
dwelling unit, or size based upon a percentage of the existing
dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit
to be constructed in compliance with local development standards.

(d) Fees charged for the construction of accessory dwelling
units shall be determined in accordance with Chapter 5
(commencing with Section 66000).

(e) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of accessory
dwelling units, provided those requirements comply with
subdivision (a).

(f) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) to the Department of Housing and
Community Development within 60 days after adoption.

(g) As used in this section, the following terms mean:

(1) “Living area” means the interior habitable area of a dwelling
unit including basements and attics but does not include a garage
or any accessory structure.

(2) “Local agency” means a city, county, or city and county,
whether general law or chartered.

(3) For purposes of this section, “neighborhood” has the same
meaning as set forth in Section 65589.5.

(4) “Accessory dwelling unit” means an attached or a detached
residential dwelling unit which provides complete independent
living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on
the same parcel as the single-family dwelling is situated. An
accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the
Health and Safety Code.

(C) “Passageway” means a pathway that is unobstructed clear
to the sky and extends from a street to one entrance of the accessory
dwelling unit.

(h) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local government shall
not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.

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begin insert SEC. 1.5. end insert   

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begin insert Section 65852.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65852.2.  

(a) (1)  begin delete Any end delete begin insert A end insert local agency may, by ordinance,
provide for the creation of begin delete second end delete begin insert accessory dwelling end insert units in
single-family and multifamily residential zones. The ordinance
begin delete may do any end delete begin insert shall do all end insert of the following:

(A) Designate areas within the jurisdiction of the local agency
where begin delete second end delete begin insert accessory dwelling end insert units may be permitted. The
designation of areas may be based on criteria, that may include,
but are not limited to, the adequacy of water and sewer services
and the impact of begin delete second end delete begin insert accessory dwelling end insert units on traffic begin delete flow. end delete

begin insert flow and public safety. end insert

(B)  begin insert (i) end insert begin insert   end insert Impose standards on begin delete second end delete begin insert accessory dwelling end insert units
that include, but are not limited to, parking, height, setback, lot
coverage, begin insert landscape, end insert 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.

begin insert

(ii) Notwithstanding clause (i), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.

end insert

(C) Provide that begin delete second end delete begin insert accessory dwelling end insert units do not exceed
the allowable density for the lot upon which the begin delete second end delete begin insert accessory
dwelling end insert unit is located, and that begin delete second end delete begin insert accessory dwelling end insert units
are a residential use that is consistent with the existing general
plan and zoning designation for the lot.

begin insert

(D) Require the accessory dwelling units to comply with all of
the following:

end insert begin insert

(i) The unit is not intended for sale separate from the primary
residence and may be rented.

end insert begin insert

(ii) The lot is zoned for single-family or multifamily use and
contains an existing, single-family dwelling.

end insert begin insert

(iii) The accessory dwelling unit is either attached to the existing
dwelling or located within the living area of the existing dwelling
or detached from the existing dwelling and located on the same
lot as the existing dwelling.

end insert begin insert

(iv) The increased floor area of an attached accessory dwelling
unit shall not exceed 50 percent of the existing living area, with a
maximum increase in floor area of 1,200 square feet.

end insert begin insert

(v) The total area of floorspace for a detached accessory
dwelling unit shall not exceed 1,200 square feet.

end insert begin insert

(vi) No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.

end insert begin insert

(vii) No setback shall be required for an existing garage that is
converted to a accessory dwelling unit, and a setback of no more
than five feet from the side and rear lot lines shall be required for
an accessory dwelling unit that is constructed above a garage.

end insert begin insert

(viii) Local building code requirements that apply to detached
dwellings, as appropriate.

end insert begin insert

(ix) Approval by the local health officer where a private sewage
disposal system is being used, if required.

end insert begin insert

(x) (I) Parking requirements for accessory dwelling units shall
not exceed one parking space per unit or per bedroom. These
spaces may be provided as tandem parking on an existing
driveway.

end insert begin insert

(II) Off­street parking shall be permitted in setback areas in
locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon specific site
or regional topographical or fire and life safety conditions, or that
it is not permitted anywhere else in the jurisdiction.

end insert begin insert

(III) This clause shall not apply to a unit that is described in
subdivision (d).

end insert begin insert

(xi) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory
dwelling unit, and the local agency requires that those off­street
parking spaces be replaced, the replacement spaces may be located
in any configuration on the same lot as the accessory dwelling
unit, including, but not limited to, as covered spaces, uncovered
spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described
in subdivision (d).

end insert

(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.

(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or
any local ordinance regulating the issuance of variances or special
use begin delete permits. Nothing in this paragraph may be construed to require
a local government to adopt or amend an ordinance for the creation
of second units. end delete begin insert permits, within 120 days after receiving the
application. end insert A local agency may charge a fee to reimburse it for
costs that it incurs as a result of amendments to this paragraph
enacted during the 2001-02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that
provides for the creation of begin delete second units. end delete begin insert an accessory dwelling
unit. end insert

begin delete

(b) (1) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c)
receives its first application on or after July 1, 1983, for a permit
pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially
without discretionary review pursuant to this subdivision unless
it adopts an ordinance in accordance with subdivision (a) or (c)
within 120 days after receiving the application. Notwithstanding
Section 65901 or 65906, every local agency shall grant a variance
or special use permit for the creation of a second unit if the second
unit complies with all of the following:

end delete begin delete

(A) The unit is not intended for sale and may be rented.

end delete begin delete

(B) The lot is zoned for single-family or multifamily use.

end delete begin delete

(C) The lot contains an existing single-family dwelling.

end delete begin delete

(D) The second unit is either attached to the existing dwelling
and located within the living area of the existing dwelling or
detached from the existing dwelling and located on the same lot
as the existing dwelling.

end delete begin delete

(E) The increased floor area of an attached second unit shall
not exceed 30 percent of the existing living area.

end delete begin delete

(F) The total area of floorspace for a detached second unit shall
not exceed 1,200 square feet.

end delete begin delete

(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.

end delete begin delete

(H) Local building code requirements which apply to detached
dwellings, as appropriate.

end delete begin delete

(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.

end delete begin insert

(4) An existing ordinance governing the creation of an accessory
dwelling unit by a local agency or an accessory dwelling ordinance
adopted by a local agency subsequent to the effective date of the
act adding this paragraph shall provide an approval process that
includes only ministerial provisions for the approval of accessory
dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise
provided in this subdivision. In the event that a local agency has
an existing accessory dwelling unit ordinance that fails to meet
the requirements of this subdivision, that ordinance shall be null
and void upon the effective date of the act adding this paragraph
and that agency shall thereafter apply the standards established
in this subdivision for the approval of accessory dwelling units,
unless and until the agency adopts an ordinance that complies
with this section.

end insert begin delete

(2)

end delete

begin insert (5) end insert  No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.

begin delete

(3)

end delete

begin insert (6) end insert  This subdivision establishes the maximum standards that
local agencies shall use to evaluate begin insert a end insert proposed begin delete second units on
lots end delete begin insert accessory dwelling unit on a lot end insert zoned for residential use begin delete which
contain end delete begin insert that contains end insert an existing single-family dwelling. No
additional standards, other than those provided in this begin delete subdivision
or subdivision (a), end delete begin insert subdivision, end insert shall be utilized or imposed, except
that a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an begin delete owner-occupant. end delete

begin insert owner-occupant or that the property be used for rentals of terms
longer than 30 days. end insert

begin delete

(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any

end delete

begin insert (7) end insert begin insert   end insert begin insert A end insert local agency may amend its zoning ordinance or general
plan to incorporate the policies, procedures, or other provisions
applicable to the creation of begin delete second units end delete begin insert an accessory dwelling
unit end insert if these provisions are consistent with the limitations of this
subdivision.

begin delete

(5) A second unit which conforms to the requirements of

end delete

begin insert (8) end insert begin insert   end insert begin insert An accessory dwelling unit that conforms to end insert this subdivision
shall begin insert be deemed to be an accessory use or an accessory building
and shall end insert not be considered to exceed the allowable density for
the lot upon which it is located, and shall be deemed to be a
residential use begin delete which end delete begin insert that end insert is consistent with the existing general
plan and zoning designations for the lot. The begin delete second units end delete
begin insert accessory dwelling unit end insert shall not be considered in the application
of any local ordinance, policy, or program to limit residential
growth.

begin delete

(c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging that
the ordinance may limit housing opportunities of the region and
further contains findings that specific adverse impacts on the public
health, safety, and welfare that would result from allowing second
units within single-family and multifamily zoned areas justify
adopting the ordinance.

end delete begin insert

(b) When a local agency that has not adopted an ordinance
governing accessory dwelling units in accordance with subdivision
(a) receives its first application on or after July 1, 1983, for a
permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall accept the application and
approve or disapprove the application ministerially without
discretionary review pursuant to subdivision (a) within 120 days
after receiving the application.

end insert begin delete

(d)

end delete

begin insert (c) end insert  A local agency may establish minimum and maximum unit
size requirements for both attached and detached begin delete second end delete begin insert accessory
dwelling end insert units. No minimum or maximum size for begin delete a second end delete begin insert an
accessory dwelling end insert unit, or size based upon a percentage of the
existing dwelling, shall be established by ordinance for either
attached or detached dwellings begin delete which end delete begin insert that end insert does not permit at least
an efficiency unit to be constructed in compliance with local
development standards. begin insert Accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the
primary residence. end insert

begin delete

(e) Parking requirements for second units shall not exceed one
parking space per unit or per bedroom. Additional parking may
be required provided that a finding is made that the additional
parking requirements are directly related to the use of the second
unit and are consistent with existing neighborhood standards
applicable to existing dwellings. Off-street parking shall be
permitted in setback areas in locations determined by the local
agency or through tandem parking, unless specific findings are
made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the
jurisdiction.

end delete

begin insert (d) end insert begin insert   end insert begin insert Notwithstanding any other law, a local agency, whether or
not it has adopted an ordinance governing accessory dwelling
units in accordance with subdivision (a), shall not impose parking
standards for an accessory dwelling unit in any of the following
instances: end insert

begin insert

(1) The accessory dwelling unit is located within one-half mile
of public transit.

end insert begin insert

(2) The accessory dwelling unit is located within an
architecturally and historically significant historic district.

end insert begin insert

(3) The accessory dwelling unit is part of the existing primary
residence or an existing accessory structure.

end insert begin insert

(4) When on-street parking permits are required but not offered
to the occupant of the accessory dwelling unit.

end insert begin insert

(5) When there is a car share vehicle located within one block
of the accessory dwelling unit.

end insert begin insert

(e) Notwithstanding subdivisions (a) to (d), inclusive, a local
agency shall ministerially approve an application for a building
permit to create within a single-family residential zone one
accessory dwelling unit per single-family lot if the unit is contained
within the existing space of a single-family residence or accessory
structure, has independent exterior access from the existing
residence, and the side and rear setbacks are sufficient for fire
safety. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence.

end insert

(f)  begin insert (1) end insert begin insert   end insert Fees charged for the construction of begin delete second end delete begin insert accessory
dwelling end insert units shall be determined in accordance with Chapter 5
(commencing with Section begin delete 66000). end delete begin insert 66000) and Chapter 7
(commencing with Section 66012). end insert

begin insert

(2) Accessory dwelling units shall not be considered new
residential uses for the purposes of calculating local agency
connection fees or capacity charges for utilities, including water
and sewer service.

end insert begin insert

(A) For an accessory dwelling unit described in subdivision (e),
a local agency shall not require the applicant to install a new or
separate utility connection directly between the accessory dwelling
unit and the utility or impose a related connection fee or capacity
charge.

end insert begin insert

(B) For an accessory dwelling unit that is not described in
subdivision (e), a local agency 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 size or the number of its plumbing
fixtures, upon the water or sewer system. This fee or charge shall
not exceed the reasonable cost of providing this service.

end insert

(g) This section does not limit the authority of local agencies
to adopt less restrictive requirements for the creation of begin delete second
units. end delete begin insert an accessory dwelling unit. end insert

(h) Local agencies shall submit a copy of the begin delete ordinances end delete
begin insert ordinance end insert adopted pursuant to subdivision (a) begin delete or (c) end delete to the
Department of Housing and Community Development within 60
days after adoption.

(i) As used in this section, the following terms mean:

(1) “Living begin delete area,” end delete begin insert area” end insert means the interior habitable area of a
dwelling unit including basements and attics but does not include
a garage or any accessory structure.

(2) “Local agency” means a city, county, or city and county,
whether general law or chartered.

(3) For purposes of this section, “neighborhood” has the same
meaning as set forth in Section 65589.5.

(4)  begin delete “Second end delete begin insert “Accessory dwelling end insert unit” means an attached or a
detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking,
and sanitation on the same parcel as the single-family dwelling is
situated. begin delete A second end delete begin insert An accessory dwelling end insert unit also includes the
following:

(A) An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.

(B) A manufactured home, as defined in Section 18007 of the
Health and Safety Code.

begin insert

(5) “Passageway” means a pathway that is unobstructed clear
to the sky and extends from a street to one entrance of the
accessory dwelling unit.

end insert

(j) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local government shall
not be required to hold public hearings for coastal development
permit applications for begin delete second end delete begin insert accessory dwelling end insert units.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 65852.2 of the Government Code proposed by both this
bill and Senate Bill 1069. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 65852.2 of the Government
Code, and (3) this bill is enacted after Senate Bill 1069, in which
case Section 1 of this bill shall not become operative.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 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
17556 of the Government Code.