California 2023-2024 Regular Session Status: Enacted

AB 1033 — Accessory dwelling units: local ordinances: separate sale or conveyance.

Last action — Chaptered by Secretary of State - Chapter 752, Statutes of 2023.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 11, 2023.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law requires the ordinance to include specified standards, including prohibiting the accessory dwelling unit from being sold or otherwise conveyed separate from the primary residence, except as provided by a specified law. Existing law, notwithstanding the prohibition described above, requires a local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including that the property was built or developed by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement that meets specified requirements. This bill would, in addition, authorize a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified, and would make conforming changes. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. 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. This bill would also make a related statement of legislative findings and declarations. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 752, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Enrolled measure version corrected.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 17. Page 3171.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14. Page 2378.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  16. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 1.) (June 20). Re-referred to Com. on GOV. & F.

  17. Referred to Coms. on HOUSING and GOV. & F.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 16. Page 1960.)

  20. Read third time and amended. Ordered to third reading. (Page 1850.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 12. Noes 4.) (May 17).

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26).

  26. Re-referred to Com. on L. GOV.

  27. Read second time and amended.

  28. From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (April 19).

  29. In committee: Set, first hearing. Hearing canceled at the request of author.

  30. Re-referred to Com. on H. & C.D.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  32. Referred to Coms. on H. & C.D. and L. GOV.

  33. From printer. May be heard in committee March 18.

  34. Read first time. To print.

Sponsors

  • Ting · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

  • Ting

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1033 Ting Concurrence in Senate Amendments

Passed 49 Yea · 17 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 351011
Unaffiliated 14401
Republican 01202
Total 4917014
% of votes cast 61%21%0%18%
How each member voted (80)
Member Party Vote
Holden — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Waldron — Nay
Mathis — Nay
Maienschein — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Hart, Gregg Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Not Voting
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Not Voting
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Essayli, Bill Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 1033 do?
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law requires the ordinance to include specified standards, including prohibiting the accessory dwelling unit from being sold or otherwise conveyed separate from the primary residence, except as provided by a specified law. Existing law, notwithstanding the prohibition described above, requires a local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including that the property was built or developed by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement that meets specified requirements. This bill would, in addition, authorize a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified, and would make conforming changes. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. 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. This bill would also make a related statement of legislative findings and declarations. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.
Who sponsors AB 1033?
AB 1033 is sponsored by Ting.
What is the current status of AB 1033?
This bill has been enacted into law. Introduced February 15, 2023. Enacted.
Where can I track AB 1033?
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