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AB-3126 Department of Transportation: state highway property: information requests.(2023-2024)

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Date Published: 03/22/2024 04:00 AM
AB3126:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3126

Introduced by Assembly Member Bauer-Kahan

February 16, 2024

An act to amend Section 65852.150 of the Government Code, relating to land use. An act to add Section 104.14 to the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 3126, as amended, Bauer-Kahan. Housing: accessory dwelling units. Department of Transportation: state highway property: information requests.
Existing law vests the Department of Transportation with full possession and control of all state highways and all property and rights on property acquired for state highway purposes. Existing law authorizes the department to acquire any real property that it considers necessary for state highway purposes.
This bill would require the department to provide information regarding the acquisition of, and funding sources used to acquire, real property held by the department for state highway purposes within 30 days of receiving a request for that information.

Existing law, the Planning and Zoning Law, states various findings and declarations of the Legislature relating to accessory dwelling units, including that they provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others at below-market prices within existing neighborhoods.

This bill would make nonsubstantive changes to these findings and declarations.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 104.14 is added to the Streets and Highways Code, to read:

104.14.
 The department shall provide information regarding the acquisition of, and funding sources used to acquire, real property held by the department for state highway purposes upon request. The department shall provide this information within 30 days of receiving a request made pursuant to this section.

SECTION 1.Section 65852.150 of the Government Code is amended to read:
65852.150.

(a)The Legislature finds and declares all of the following:

(1)Accessory dwelling units are a valuable form of housing in California.

(2)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and other individuals at below-market prices within existing neighborhoods.

(3)Homeowners who create accessory dwelling units benefit from added income and an increased sense of security.

(4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.

(5)California faces a severe housing crisis.

(6)The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.

(7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods while respecting architectural character.

(8)Accessory dwelling units are, therefore, an essential component of California’s housing supply.

(b)It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.

(c)Notwithstanding Section 65803, this section shall also apply to a charter city.