Property taxation: new construction exclusion: accessory dwelling units.
Summary
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. This bill would exclude from classification as "newly constructed" and "new construction" the construction of an accessory dwelling unit, as defined, if construction on the unit is completed on or after January 1, 2025, and before January 1, 2030, until one of specified events occurs. The bill would require the property owner to, among other things, notify the assessor that the property owner intends to claim the exclusion for an accessory dwelling unit and submit an affidavit stating that the owner shall make a good faith effort to ensure the unit will be used as residential housing for the duration the owner receives the exclusion. The bill would require the State Board of Equalization to prescribe the manner and form for claiming the exclusion. Because this bill would require an affidavit by a property owner and a higher level of service from county assessors, it 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2024
Committee Review
Jun 2024
Senate Passage
May 2024
Assembly Passage
Governor
Introduced Feb 14, 2024
Last action Jun 24, 2024
Floor votes · Senate May 22, 2024
How they voted
29–6
Passed · 5 other
Total votes 40
May 22, 2024
D
Democratic31
83% Yea
R
Republican9
33% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
5
Committee
2
Amendments
4
Jun 3, 2024
Committee
Referred to Com. on REV. & TAX.
lower
May 22, 2024
Upper · Passed
Read third time. Passed. (Ayes 29. Noes 6. Page 4132.) Ordered to the Assembly.
upper
May 16, 2024
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 16, 2024
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3974.) (May 16).
upper
Apr 11, 2024
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 10, 2024
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3564.) (April 10).
upper
Feb 21, 2024
Committee
Referred to Com. on REV. & TAX.
upper
Feb 14, 2024
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Josh Newman
DDemocratic
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