SB 46: Mobilehomes: enforcement actions: sunset provision.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-27
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would extend the repeal date of these provisions to January 1, 2024.
The Mobilehome Parks Act imposes prescribed fees, including, among others, a fee of $4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2019.
This bill would extend the repeal date of these provisions to January 1, 2024, thereby extending imposition of the $4 per lot fee until that date.
This bill would incorporate additional changes to Section 18502 of the Health and Safety Code proposed by AB 3066 to be operative only if this bill and AB 3066 are enacted and this bill is enacted last.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would extend the repeal date of these provisions to January 1, 2024.
The Mobilehome Parks Act imposes prescribed fees, including, among others, a fee of $4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2019.
This bill would extend the repeal date of these provisions to January 1, 2024, thereby extending imposition of the $4 per lot fee until that date.
This bill would incorporate additional changes to Section 18502 of the Health and Safety Code proposed by AB 3066 to be operative only if this bill and AB 3066 are enacted and this bill is enacted last.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would extend the repeal date of these provisions to January 1, 2024.
The Mobilehome Parks Act imposes prescribed fees, including, among others, a fee of $4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2019.
This bill would extend the repeal date of these provisions to January 1, 2024, thereby extending imposition of the $4 per lot fee until that date.
This bill would incorporate additional changes to Section 18502 of the Health and Safety Code proposed by AB 3066 to be operative only if this bill and AB 3066 are enacted and this bill is enacted last.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would remove extend the repeal date of these provisions to January 1, 2019, and would extend these provisions indefinitely. 2024.
The Mobilehome Parks Act imposes prescribed fees, including, among others, a fee of $4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2019.
This bill would remove extend the repeal date of these provisions to January 1, 2019, 2024, thereby extending imposition of the $4 per lot fee indefinitely. The bill would make conforming changes by repealing related provisions rendered surplus by the extension of this fee. until that date.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would remove the repeal date of January 1, 2019, and would extend these provisions indefinitely.
The Mobilehome Parks Act imposes prescribed fees, including, among others, a fee of $4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2019.
This bill would remove the repeal date of January 1, 2019, thereby extending imposition of the $4 per lot fee indefinitely. The bill would make conforming changes by repealing related provisions rendered surplus by the extension of this fee.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation, violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would remove the repeal date of January 1, 2019, and would extend these provisions indefinitely.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
The Mobilehome Parks Act requires the Department of Housing and Community Development or a city, county, or city and county that assumes responsibility for the enforcement of the act to enter and inspect mobilehome parks with a goal of inspecting at least 5% of the parks each year to ensure enforcement of the act and implementing regulations. Existing law also requires an enforcement agency to issue notice to correct a violation, as specified. Existing law repeals these provisions on January 1, 2019. A violation of these provisions is a misdemeanor.
This bill would remove the repeal date of January 1, 2019, and would extend these provisions indefinitely.
Because this bill would extend the application of a crime, 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 no reimbursement is required by this act for a specified reason.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
(g)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 18424 of the Health and Safety Code is amended to read:18424.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(3)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.5.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)(A)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(B)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to subparagraph (A) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(3)The additional annual fee authorized by subdivision (b) of Section 18804 shall be paid to the department at the time of payment of the annual operating fee to the department or local enforcement agency, as appropriate.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4.Section 18502 of the Health and Safety Code, as amended by Section 5 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall become operative on January 1, 2024.
SEC. 5.Section 3.5 of this bill incorporates amendments to Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, proposed by both this bill and Assembly Bill 3066. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, and (3) this bill is enacted after Assembly Bill 3066, in which case Section 3 of this bill shall not become operative.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
(g)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 18424 of the Health and Safety Code is amended to read:18424.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(3)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.5.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)(A)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(B)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to subparagraph (A) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(3)The additional annual fee authorized by subdivision (b) of Section 18804 shall be paid to the department at the time of payment of the annual operating fee to the department or local enforcement agency, as appropriate.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4.Section 18502 of the Health and Safety Code, as amended by Section 5 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall become operative on January 1, 2024.
SEC. 5.Section 3.5 of this bill incorporates amendments to Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, proposed by both this bill and Assembly Bill 3066. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, and (3) this bill is enacted after Assembly Bill 3066, in which case Section 3 of this bill shall not become operative.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
(g)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 18424 of the Health and Safety Code is amended to read:18424.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(3)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.5.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)(A)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(3)(B)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) subparagraph (A) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(3)The additional annual fee authorized by subdivision (b) of Section 18804 shall be paid to the department at the time of payment of the annual operating fee to the department or local enforcement agency, as appropriate.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2019, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. repealed.
SEC. 4.Section 18502 of the Health and Safety Code, as amended by Section 5 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall become operative on January 1, 2024.
SEC. 5.Section 3.5 of this bill incorporates amendments to Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, proposed by both this bill and Assembly Bill 3066. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, and (3) this bill is enacted after Assembly Bill 3066, in which case Section 3 of this bill shall not become operative.
SEC. 5.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
(g)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 18424 of the Health and Safety Code is repealed.SEC. 2.Section 18424 of the Health and Safety Code is amended to read:18424.This chapter shall remain in effect only until January 1, 2019, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. repealed.
SEC. 3.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(3)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4.Section 18502 of the Health and Safety Code, as amended by Section 5 of Chapter 314 of the Statutes of 2010, is repealed.SEC. 4.Section 18502 of the Health and Safety Code, as amended by Section 5 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall become operative on January 1, 2019. 2024.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
SEC. 2.Section 18424 of the Health and Safety Code is repealed.SEC. 3.Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 314 of the Statutes of 2010, is amended to read:18502.Fees as applicable shall be submitted for permits, as follows:
(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c)(1)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2)An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(3)The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to paragraph (2) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e)Duplicate permit fee or amended permit fee of ten dollars ($10).
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.SEC. 4.Section 18502 of the Health and Safety Code, as amended by Section 5 of Chapter 314 of the Statutes of 2010, is repealed.18502.Fees as applicable shall be submitted for permits, as follows:(a)Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.(b)Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).(c)An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.(d)Change in name fee or transfer of ownership or possession fee of ten dollars ($10).(e)Duplicate permit fee or amended permit fee of ten dollars ($10).(f)This section shall become operative on January 1, 2019.SEC. 3.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
SEC. 2.Section 18424 of the Health and Safety Code is repealed.18424.This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agencys inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).
(b)In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c)This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d)Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e)At the sole discretion of the enforcement agencys inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany him or her. If either party requests permission to accompany the inspector or is requested by the inspector to accompany him or her, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f)The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislatures intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
(g)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 27, 2018 | Chaptered by Secretary of State. Chapter 835, Statutes of 2018. |
| Sep 27, 2018 | Approved by the Governor. |
| Sep 11, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2018 | Assembly amendments concurred in. (Ayes 30. Noes 8.) Ordered to engrossing and enrolling. |
| Aug 30, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 16, 2018 | From committee: Do pass. (Ayes 14. Noes 2.) (August 16). |
| Aug 8, 2018 | August 8 set for first hearing. Placed on suspense file. |
| Jun 27, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D. |
| Jun 12, 2017 | Referred to Com. on H. & C.D. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 32. Noes 4. Page 1319.) Ordered to the Assembly. |
| May 26, 2017 | Read second time and amended. Ordered to third reading. |
| May 25, 2017 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1176.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| May 15, 2017 | May 15 hearing: Placed on APPR. suspense file. |
| May 4, 2017 | Set for hearing May 15. |
| May 3, 2017 | May 8 hearing postponed by committee. |
| May 1, 2017 | Set for hearing May 8. |
| Apr 26, 2017 | May 1 hearing postponed by committee. |
| Apr 21, 2017 | Set for hearing May 1. |
| Apr 19, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 749.) (April 18). Re-referred to Com. on APPR. |
| Apr 17, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 4, 2017 | Set for hearing April 18. |
| Jan 12, 2017 | Referred to Com. on T. & H. |
| Dec 6, 2016 | From printer. May be acted upon on or after January 5. |
| Dec 5, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | Unfinished Business SB46 Leyva Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2018 | SB 46 Leyva Senate Third Reading By GLORIA | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| May 31, 2017 | Senate 3rd Reading SB46 Leyva | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 15, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Commission on Aging | ** Support | Aug 30, 2018 |
| California State Retirees | ** Support | May 27, 2017 |
| Golden State Manufactured Home Owners League | ** Support | Aug 30, 2018 |
| Western Manufactured Housing Communities Association | ** Support | Aug 30, 2018 |
| Western Manufacturing Housing | ** Support | Jun 25, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 46
: 8/24/18
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 32-4, 5/31/17
AYES: Allen, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Newman, Nguyen, Pan, Roth, Skinner, Vidak, Wieckowski, Wiener, Wilk
NOES: Anderson, Moorlach, Nielsen, Stone
NO VOTE RECORDED: Fuller, Morrell, Portantino, Stern
ASSEMBLY FLOOR: 73-4, 8/30/18 - See last page for vote
SUBJECT: Mobilehomes: enforcement actions: sunset provision
DIGEST:
This bill extends the sunset for a mobilehome park inspection program and related fees.
Assembly Amendments extend the sunset dates rather than eliminate them and address chaptering issues.
Existing law:
- Establishes a mobilehome parks inspection program. Under this program, an enforcement agency, which is either the Department of Housing and Community Development (HCD) or a locality that has assumed responsibility for the enforcement, shall have a goal of inspecting at least five percent of the mobilehome parks per year.
- Requires the inspection to include the exterior portions of individual manufactured homes and mobilehomes in each park inspected. The enforcement agency has the authority to issue notices of violation.
- Requires the inspector to provide 30 days individual written notice to the registered owners of the manufactured homes or mobilehomes prior to the inspection.
- Requires HCD or the locality to collect an annual $4 fee per space to fund the inspection program.
- Provides that this inspection program shall remain in effect until January 1, 2019.
This bill extends the sunset date for this inspection program, as well as for applicable mobilehome permit fees, to January 1, 2024.
Comments
- Purpose of the bill. According to the author, the Mobilehome Park Maintenance (MPM) inspection program is functioning satisfactorily, but will sunset on January 1, 2019. Without taking prompt action to make the law permanent, this much needed state inspection program will no longer be able to enforce quality of life issues at mobilehome parks across California.
- MPM inspection program. Under the MPM inspection program, existing law requires HCD or a local enforcement agency, until January 1, 2019, to inspect mobilehome parks proactively with a goal of inspecting at least five percent of the parks per year and a focus on those parks for which the enforcement agency has received complaints about serious health and safety violations. The enforcement agency must collect an annual fee per space of $4 to fund the MPM inspection program, $2 of which the mobilehome park owner may charge to individual homeowners. HCD must also to convene a task force every six months to solicit input on the conduct and operation of the MPM inspection program. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations identified plus progress on correcting those violations.
The top violations against park owners found in 2016 include: hazardous conditions in the park (trash bins overflowing, water accumulation, and tree hazards), exposed live electrical parts, lots that are unidentified for emergency responders, unsupported gas meters, and accumulation of trash or other combustible material on a vacant lot.
The top violations against park residents found in 2016 include: accumulation of trash or other combustible material, inadequate protection against the weather, missing or severely damaged awnings or carports, miscellaneous residential plumbing issues, and extension cords used in lieu of permanent wiring.
- The sun never sets. The sunset on this program has been extended several times in the past:
- SB 700 (O’Connell, Chapter 520, Statutes of 1999) extended until January 1, 2007.
- SB 1231 (Dunn, Chapter 644, Statutes of 2006) and AB 2250 (Coto, Chapter 858, Statues of 2006) extended the sunset to 2012.
- SB 951 (Correa, Chapter 314, Statutes of 2010) extended the sunset to 2019.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Ongoing HCD expenditures of approximately $1.5 million to $2 million annually, beginning on January 1, 2019, to extend the MPM inspection program and the associated enforcement authority. (Mobilehome Park Revolving Fund.)
- Ongoing revenues in the range of $1million to $1.5 million annually, beginning on January 1, 2019, to extend the $4 per space annual fee that supports the inspection program. (Mobilehome Park Revolving Fund.) HCD indicates that the fees are insufficient to offset the overall costs of MPM inspection program activities.
California Commission on Aging
Golden State Manufactured Home Owners League
Western Manufactured Housing Communities Association
OPPOSITION: (Verified 8/27/18)
None received
ARGUMENTS IN SUPPORT: Supporters state that extending the sunset on this program acknowledges the importance of enforcing laws relating to health and safety standards in mobilehome parks to keep residents and their families safe.
ASSEMBLY FLOOR: 73-4, 8/30/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NOES: Travis Allen, Brough, Harper, Obernolte
NO VOTE RECORDED: Fong, Kiley, Patterson
8/30/18 20:45:44
**** END ****
SENATE THIRD READING
STR Bill Id:SB 46
Author:(Leyva)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 32-4
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Maienschein, Chau, Choi, Gloria, Limón, Wood |
|
Appropriations | 14-2 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Gallagher, Eduardo Garcia, Nazarian, Quirk, Reyes | Brough, Obernolte |
SUMMARY: Extends the sunset on the Mobilehome Park Maintenance (MPM) inspection program and associated fees from January 1, 2019 to January 1, 2024.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Ongoing Housing and Community Development (HCD) expenditures of approximately $1.5 million to $2 million annually, beginning on January 1, 2019, to extend the MPM inspection program and the associated enforcement authority. (Mobilehome Park Revolving Fund.)
- Ongoing revenues in the range of $1million to $1.5 million annually, beginning on January 1, 2019, to extend the $4 per space annual fee that supports the inspection program. (Mobilehome Park Revolving Fund.) HCD indicates that the fees are insufficient to offset the overall costs of MPM inspection program activities.
COMMENTS:
Legislative history of the MPM inspection program: AB 925 (O'Connell), Chapter 1125, Statutes of 1990, created the MPM inspection program and required HCD or a local enforcement agency to inspect every mobilehome and every mobilehome park in the state once every five years. Because of delays created by the Northridge Earthquake and other factors, HCD was unable to complete the inspection of all mobilehome parks in the first five years. The Legislature twice extended the program to require that all inspections be completed in eight years, or by 1999. By 1999, HCD and local agencies had completed the inspection of all mobilehome parks.
In 1999, SB 700 (O'Connell), Chapter 520, Statutes of 1999, extended the MPM inspection program until January 1, 2007, and made some changes to the program. In particular, SB 700 limited the inspection program to mobilehome parks that had a history of serious health and safety code violations and required these inspections at least once every seven years. SB 700 limited the inspections in part because of the limited funding provided by the $4 fee that supports the MPM program. About one-third of mobilehome parks in the state were inspected under the MPM program between 2000 and SB 700's sunset date of January 1, 2007. SB 700 also created the MPM inspection task force and required it to meet once a year. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations identified plus progress on correcting those violations.
SB 106 (Dunn) of 2005 would have deleted the 2007 sunset date on the MPM inspection program and increase the $4 fee to $6 for the inspections. The Governor vetoed SB 106 because of the fee increase, so in 2006, SB 1231 (Dunn), Chapter 644, Statutes of 2006, extended the sunset date on the MPM inspection program until January, 1, 2012, and increased the frequency of the MPM task force meetings to every six months, but did not increase the fee. Also in 2006, AB 2250 (Coto), Chapter 858, set the goal that five percent of parks would be inspected under the MPM program each year.
SB 951 (Correa) Statues of 2010, extended the MPM inspection program until January 1, 2019. This bill would extend the sunset to January 1, 2024.
Types of violations: The top violations against park owners found in 2016 include: hazardous conditions in the park (trash bins overflowing, water accumulation, and tree hazards), exposed live electrical parts, lots that are unidentified for emergency responders, unsupported gas meters, and accumulation of trash or other combustible material on a vacant lot.
Previous legislation:
SB 951 (Correa, Chapter 314, Statutes of 2010) — extended the sunset to 2019.
SB 1231 (Dunn, Chapter 644, Statutes of 2006) and AB 2250 (Coto, Chapter 858, Statues of 2006) — extended the sunset to 2012.
SB 700 (O'Connell, Chapter 520, Statutes of 1999) — extended until January 1, 2007.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0004767
SENATE THIRD READING
STR Bill Id:SB 46
Author:(Leyva)
As Amended Ver:June 19, 2018
Majority vote
SENATE VOTE: 32-4
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Maienschein, Chau, Choi, Gloria, Limón, Wood | |
Appropriations | 14-2 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Gallagher, Eduardo Garcia, Nazarian, Quirk, Reyes | Brough, Obernolte |
SUMMARY: Extends the sunset on the Mobilehome Park Maintenance (MPM) inspection program and associated fees from January 1, 2019 to January 1, 2024.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Ongoing Housing and Community Development (HCD) expenditures of approximately $1.5 million to $2 million annually, beginning on January 1, 2019, to extend the MPM inspection program and the associated enforcement authority. (Mobilehome Park Revolving Fund.)
- Ongoing revenues in the range of $1million to $1.5 million annually, beginning on January 1, 2019, to extend the $4 per space annual fee that supports the inspection program. (Mobilehome Park Revolving Fund.) HCD indicates that the fees are insufficient to offset the overall costs of MPM inspection program activities.
COMMENTS:
Legislative history of the MPM inspection program: AB 925 (O'Connell), Chapter 1175, Statutes of 1990, created the MPM inspection program and required HCD or a local enforcement agency to inspect every mobilehome and every mobilehome park in the state once every five years. Because of delays created by the Northridge Earthquake and other factors, HCD was unable to complete the inspection of all mobilehome parks in the first five years. The Legislature twice extended the program to require that all inspections be completed in eight years, or by 1999. By 1999, HCD and local agencies had completed the inspection of all mobilehome parks.
In 1999, SB 700 (O'Connell), Chapter 520, Statutes of 1999, extended the MPM inspection program until January 1, 2007, and made some changes to the program. In particular, SB 700 limited the inspection program to mobilehome parks that had a history of serious health and safety code violations and required these inspections at least once every seven years. SB 700 limited the inspections in part because of the limited funding provided by the $4 fee that supports the MPM program. About one-third of mobilehome parks in the state were inspected under the MPM program between 2000 and SB 700's sunset date of January 1, 2007. SB 700 also created the MPM inspection task force and required it to meet once a year. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations identified plus progress on correcting those violations.
SB 106 (Dunn) of 2005 would have deleted the 2007 sunset date on the MPM inspection program and increase the $4 fee to $6 for the inspections. The Governor vetoed SB 106 because of the fee increase, so in 2006, SB 1231 (Dunn), Chapter 644, Statutes of 2006, extended the sunset date on the MPM inspection program until January, 1, 2012, and increased the frequency of the MPM task force meetings to every six months, but did not increase the fee. Also in 2006, AB 2250 (Coto), Chapter 858, set the goal that five percent of parks would be inspected under the MPM program each year.
SB 951 (Correa) Statues of 2010, extended the MPM inspection program until January 1, 2019. This bill would extend the sunset to January 1, 2024.
Types of violations: The top violations against park owners found in 2016 include: hazardous conditions in the park (trash bins overflowing, water accumulation, and tree hazards), exposed live electrical parts, lots that are unidentified for emergency responders, unsupported gas meters, and accumulation of trash or other combustible material on a vacant lot.
Previous legislation:
SB 951 (Correa), Chapter 314, Statutes of 2010 – extended the sunset to 2019.
SB 1231 (Dunn), Chapter 644, Statutes of 2006 and AB 2250 (Coto), Chapter 858, Statues of 2006 – extended the sunset to 2012.
SB 700 (O'Connell), Chapter 520, Statutes of 1999 – extended until January 1, 2007.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0004075
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 46
Author:(Leyva) – As Amended Ver:June 19, 2018
Policy Committee: | Housing and Community Development | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends the sunset on the Mobilehome Park Maintenance (MPM) inspection program and associated fees, from January 1, 2019, to January 1, 2024.
FISCAL EFFECT:
- Ongoing Housing and Community Development (HCD) expenditures of approximately $1.5 million to $2 million annually, beginning on January 1, 2019, to extend the MPM inspection program and the associated enforcement authority. (Mobilehome Park Revolving Fund.)
- Ongoing revenues in the range of $1million to $1.5 million annually, beginning on January 1, 2019, to extend the $4 per space annual fee that supports the inspection program. (Mobilehome Park Revolving Fund.) HCD indicates that the fees are insufficient to offset the overall costs of MPM inspection program activities.
COMMENTS:
- Purpose and Background. Existing law, the Mobilehome Parks Act, requires HCD or a local enforcement agency to inspect mobilehome parks that have had a history of the most serious health and safety code violations, or complaints regarding these violations, with a goal of inspecting 5% of all parks each year. HCD or a local enforcement agency collects a per-space fee of $4 annually from mobilehome park owners to fund the program. A park owner may charge half of that amount to individual mobilehome owners. Existing law also requires HCD and local enforcement authorities to issue notices of violation to park owners/operators and mobilehome owners when it discovers violations of the Mobilehome Parks Act. The MPM inspection program and the requirement to issue notices of violations discovered in connection with an inspection are scheduled to sunset on January 1, 2019.
Existing law also requires HCD to convene a semiannual task force comprised of specified mobilehome groups, local enforcement agencies and legislative representatives to provide input on the conduct and operation of the inspection program. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations as well as progress on correcting violations. HCD reports that tens of thousands of health and safety code violations have been cited and remedied since 1991.
There are currently 4,557 mobilehome parks in the state that contain 393,190 lots. HCD has enforcement responsibility over 80.9 % of the parks and 75.1 % of the individual lots; local enforcement agencies have enforcement responsibilities over the remaining parks and lots. In its February 10, 2017, report to the MPM task force, HCD indicates that it has met its goal of inspecting 5% of all parks under its jurisdiction, on average, over the 2015 and 2016 calendar years.
HCD notes that the inspection program has resulted in the correction of approximately 75,000 park and resident violations of the Mobilehome Parks Act over the past two calendar years. Therefore, the program has been successful in improving the health and safety of park residents.
Prior Legislation.
SB 951 (Correa), Chapter 314, Statutes of 2010, extended the sunset on the MPM inspection program and the associated $4 per-space fee from January 1, 2012, to January 1, 2019.
SB 1231 (Dunn), Chapter 44, Statues of 2006, and AB 2250 (Coto), Chapter 858, Statutes of 2006, both changed the program inspection requirements from inspecting all parks at least every seven years to a goal of 5% of the parks per year, and extended the sunset on the program and the associated $4 per space fee from January 1, 2007, to January 1, 2012.
SB 106 (Dunn), which was vetoed by the governor in 2005, would have extended the inspection program for one year and increased the annual fee to $6 per unit, and required HCD to submit an evaluation of the program in order to assist the Legislature in determining the appropriate level of funding and inspection duties.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
SBPCA Bill Id:SB 46
Author:(Leyva) – As Amended Ver:June 19, 2017
SENATE VOTE: 32-4
SUBJECT: Mobilehomes: enforcement actions: sunset provision
SUMMARY: Extends the sunset on the Mobilehome Park Maintenance (MPM) inspection program and associated fees from January 1, 2019 to January 1, 2024.
EXISTING LAW:
- Establishes a MPM inspection program. Under this program, an enforcement agency, which is either the Department of Housing and Community Development (HCD) or a locality that has assumed responsibility for the enforcement, shall have a goal of inspecting at least five percent of the mobilehome parks per year.
- Requires the inspection to include the exterior portions of individual manufactured homes and mobilehomes in each park inspected. The enforcement agency has the authority to issue notices of violation.
- Requires the inspector to provide 30 days’ individual written notice to the registered owners of the manufactured homes or mobilehomes prior to the inspection.
- Requires HCD or the locality to collect an annual $4 fee per space to fund the inspection program.
- Provides that this inspection program shall remain in effect until January 1, 2019.
FISCAL EFFECT: Unknown.
COMMENTS:
Legislative history of the MPM inspection program: AB 925 (O'Connell), Chapter 1125, Statutes of 1990, created the MPM inspection program and required HCD or a local enforcement agency to inspect every mobilehome and every mobilehome park in the state once every five years. Because of delays created by the Northridge Earthquake and other factors, HCD was unable to complete the inspection of all mobilehome parks in the first five years. The Legislature twice extended the program to require that all inspections be completed in eight years, or by 1999. By 1999, HCD and local agencies had completed the inspection of all mobilehome parks.
In 1999, SB 700 (O'Connell), Chapter 520, Statutes of 1999, extended the MPM inspection program until January 1, 2007, and made some changes to the program. In particular, SB 700 limited the inspection program to mobilehome parks that had a history of serious health and safety code violations and required these inspections at least once every seven years. SB 700 limited the inspections in part because of the limited funding provided by the $4 fee that supports the MPM program. About one-third of mobilehome parks in the state were inspected under the MPM program between 2000 and SB 700's sunset date of January 1, 2007. SB 700 also created the MPM inspection task force and required it to meet once a year. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations identified plus progress on correcting those violations.
SB 106 (Dunn) of 2005 would have deleted the 2007 sunset date on the MPM inspection program and increase the $4 fee to $6 for the inspections. The Governor vetoed SB 106 because of the fee increase, so in 2006, SB 1231 (Dunn), Chapter 644, Statutes of 2006, extended the sunset date on the MPM inspection program until January, 1, 2012, and increased the frequency of the MPM task force meetings to every six months, but did not increase the fee. Also in 2006, AB 2250 (Coto), Chapter 858, set the goal that five percent of parks would be inspected under the MPM program each year.
SB 951 (Correa) Statues of 2010, extended the MPM inspection program until January 1, 2019. This bill would extend the sunset to January 1, 2024.
Types of violations: The top violations against park owners found in 2016 include: hazardous conditions in the park (trash bins overflowing, water accumulation, and tree hazards), exposed live electrical parts, lots that are unidentified for emergency responders, unsupported gas meters, and accumulation of trash or other combustible material on a vacant lot.
Previous legislation:
SB 951 (Correa, Chapter 314, Statutes of 2010) — extended the sunset to 2019.
SB 1231 (Dunn, Chapter 644, Statutes of 2006) and AB 2250 (Coto, Chapter 858, Statues of 2006) — extended the sunset to 2012.
SB 700 (O’Connell, Chapter 520, Statutes of 1999) — extended until January 1, 2007.
REGISTERED SUPPORT / OPPOSITION:
Support
California Commission on Aging
Golden State Manufactured Home Owners League
Western Manufacturing Housing
Opposition
None on file
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 46
:
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
DIGEST:
This bill removes the sunset for a mobilehome park inspection program and related fees.
Existing law:
- Establishes a mobilehome parks inspection program. Under this program, an enforcement agency, which is either the Department of Housing and Community Development (HCD) or a locality that has assumed responsibility for the enforcement, shall have a goal of inspecting at least five percent of the mobilehome parks per year.
- Requires the inspection to include the exterior portions of individual manufactured homes and mobilehomes in each park inspected. The enforcement agency has the authority to issue notices of violation.
- Requires the inspector to provide 30 days’ individual written notice to the registered owners of the manufactured homes or mobilehomes prior to the inspection.
- Requires HCD or the locality to collect an annual $4 fee per space to fund the inspection program.
- Provides that this inspection program shall remain in effect until January 1, 2019.
This bill:
- Removes the sunset for this inspection program so that the program will remain in effect indefinitely.
- Repeals a section that places a sunset date on applicable mobilehome permit fees.
Comments
- Purpose of the bill. According to the author, the Mobilehome Park Maintenance (MPM) inspection program is functioning satisfactorily, but will sunset on January 1, 2019. Without taking prompt action to make the law permanent, this much needed state inspection program will no longer be able to enforce quality of life issues at mobilehome parks across California.
- MPM Inspection Program. Under the MPM inspection program, existing law requires HCD or a local enforcement agency, until January 1, 2019, to inspect mobilehome parks proactively with a goal of inspecting at least five percent of the parks per year and a focus on those parks for which the enforcement agency has received complaints about serious health and safety violations. The enforcement agency must collect an annual fee per space of $4 to fund the MPM inspection program, $2 of which the mobilehome park owner may charge to individual homeowners. HCD must also to convene a task force every six months to solicit input on the conduct and operation of the MPM inspection program. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations identified plus progress on correcting those violations.
The top violations against park owners found in 2016 include: hazardous conditions in the park (trash bins overflowing, water accumulation, and tree hazards), exposed live electrical parts, lots that are unidentified for emergency responders, unsupported gas meters, and accumulation of trash or other combustible material on a vacant lot.
The top violations against park residents found in 2016 include: accumulation of trash or other combustible material, inadequate protection against the weather, missing or severely damaged awnings or carports, miscellaneous residential plumbing issues, and extension cords used in lieu of permanent wiring.
- The sun never sets. The sunset on this program has been extended several times in the past:
- SB 700 (O’Connell, Chapter 520, Statutes of 1999) - extended until January 1, 2007.
- SB 1231 (Dunn, Chapter 644, Statutes of 2006) and AB 2250 (Coto, Chapter 858, Statues of 2006) - extended the sunset to 2012.
- SB 951 (Correa, Chapter 314, Statutes of 2010) - extended the sunset to 2019.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Ongoing HCD expenditures of approximately $1.5 to $2 million annually, beginning on January 1, 2019, to indefinitely extend the MPM inspection program and the associated enforcement authority. (Mobilehome Park Revolving Fund)
- Ongoing revenues in the range of $1 to $1.5 million annually, beginning on January 1, 2019, to indefinitely extend the $4 per space annual fee that supports the inspection program. (Mobilehome Park Revolving Fund)
California Commission on Aging
California State Retirees
OPPOSITION: (Verified 5/25/17)
None received
5/27/17 17:40:35
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 46 (Leyva) - Mobilehomes: enforcement actions: sunset provision
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 46 would delete the January 1, 2019 sunset date for the Mobilehome Park Maintenance (MPM) inspection program and the authority to issue notices of violations in conjunction with inspections, thereby extending the inspection requirements and enforcement authority indefinitely.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2017
Fiscal Impact:
- Ongoing HCD expenditures of approximately $1.5 to $2 million annually, beginning on January 1, 2019, to indefinitely extend the MPM inspection program and the associated enforcement authority. (Mobilehome Park Revolving Fund)
- Ongoing revenues in the range of $1 to $1.5 million annually, beginning on January 1, 2019, to indefinitely extend the $4 per space annual fee that supports the inspection program. (Mobilehome Park Revolving Fund)
Author Amendments:
Delete the January 1, 2019 sunset date for the existing $4 per space annual fee charged to mobilehome park owners that supports the inspection program, thereby extending the fee indefinitely.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 46 (Leyva) - Mobilehomes: enforcement actions: sunset provision
Version: April 17, 2017 | Policy Vote: T. & H. 12 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 15, 2017 | Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 46 would delete the January 1, 2019 sunset date for the Mobilehome Park Maintenance (MPM) inspection program and the authority to issue notices of violations in conjunction with inspections, thereby extending the inspection requirements and enforcement authority indefinitely.
Fiscal Impact:
- Ongoing HCD expenditures of approximately $1.5 to $2 million annually, beginning on January 1, 2019, to indefinitely extend the MPM inspection program and the associated enforcement authority. Staff notes that the bill does not currently provide for any offsetting fee revenues. (Mobilehome Park Revolving Fund)
Background:
Under existing law, the Mobilehome Parks Act requires HCD or a local enforcement agency to inspect mobilehome parks that have had a history of the most serious health and safety code violations, or complaints regarding these violations, with a goal of inspecting five percent of all parks each year. HCD or a local enforcement agency collects a per space fee of $4 annually from mobilehome park owners to fund the program. A park owner may charge half of that amount to individual mobilehome owners. Existing law also requires HCD and local enforcement authorities to issue notices of violation to park owners/operators and mobilehome owners when it discovers violations of the Mobilehome Parks Act. The MPM inspection program and the requirement to issue notices of violations discovered in connection with an inspection are scheduled to sunset on January 1, 2019.
Existing law also requires HCD to convene a semiannual task force comprised of specified mobilehome groups, local enforcement agencies and legislative representatives to provide input on the conduct and operation of the inspection program. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations as well as progress on correcting violations. HCD reports that tens of thousands of health and safety code violations have been cited and remedied since 1991.
There are currently 4,557 mobilehome parks in the state that contain 393,190 lots. HCD has enforcement responsibility over 80.9 percent of the parks and 75.1 percent of the individual lots; local enforcement agencies have enforcement responsibilities over the remaining parks and lots. In its February 10, 2017 report to the MPM task force, HCD indicates that it has met its goal of inspecting five percent of all parks under its jurisdiction, on average, over the 2015 and 2016 calendar years (although it fell short of its goal of inspecting 184 parks by 47 parks in 2015 due to a period of heavy rains at the end of the year, and exceeded its goal by 42 parks in 2016).
Proposed Law:
SB 46 would delete the repeal date of the MPM inspection program and the requirement for HCD or a local enforcement agency to issue a notice to correct a violation discovered upon inspection of a park or mobilehome, as specified.
Related Legislation:
SB 951 (Correa), Chap. 314/2010, extended the sunset on the MPM inspection program and the associated $4 per space fee from January 1, 2012 to January 1, 2019.
SB 1231 (Dunn), Chap. 44/2006, and AB 2250 (Coto), Chap. 858/2006, both changed the program inspection requirements from inspecting all parks at least every seven years to a goal of 5% of the parks per year, and extended the sunset on the program and the associated $4 per space fee from January 1, 2007 to January 1, 2012.
SB 106 (Dunn), which was vetoed by the Governor in 2005, would have extended the inspection program for one year and increased the annual fee to $6 per unit, and required HCD to submit an evaluation of the program in order to assist the Legislature in determining the appropriate level of funding and inspection duties. SB 106 was supported by groups representing both residents and owners of mobilehome parks. The Governor’s veto message stated that, with the program sunsetting in one year, there was “no compelling reason to increase the fee at this time.”
Staff Comments:
HCD indicates that the MPM inspection program generated approximately $1.1 million in 2015 and $1.7 million in 2016, but operating expenditures were approximately $1.24 million in 2015 and $2.3 million in 2016, respectively (an operating deficit of about $150,000 in 2015 and $600,000 in 2016). While the current program includes fee revenues to partially offset the costs of the inspection program, this bill does not currently provide for any offsetting revenues. (see recommended amendment below)
HCD notes that the inspection program has resulted in the correction of approximately 75,000 park and resident violations of the Mobilehome Parks Act over the past two calendar years. As such, the program has been successful in improving the health and safety of park residents.
Recommended Amendments:
Staff notes that the bill does not currently extend the $4 per space annual fee that supports the inspection program, and HCD indicates that the fees are insufficient to fully offset the overall costs of MPM inspection program activities. The bill should be amended to also extend Section 18502 of the Health and Safety Code and increase the fee to fully cover costs of the program. The Committee may also wish to consider whether to reinstate a sunset on the program to provide continued legislative oversight to determine that costs and expenditures related to the program are aligned, or to at least require that HCD report the same information on the MPM inspection program to the Legislature that it currently provides to the task force.
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 46 Hearing Date: 4/18/2017
Author: | Leyva | ||
Version: | 4/17/2017 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Mobilehomes: enforcement actions: sunset provision.
DIGEST: This bill removes the sunset for a mobilehome park inspection program.
ANALYSIS:
Existing law:
- Establishes a mobilehome parks inspection program. Under this program, an enforcement agency, which is either the Department of Housing and Community Development (HCD) or a locality that has assumed responsibility for the enforcement, shall have a goal of inspecting at least five percent of the mobilehome parks per year.
- Requires the inspection to include the exterior portions of individual manufactured homes and mobilehomes in each park inspected. The enforcement agency has the authority to issue notices of violation.
- Requires the inspector to provide 30 days’ individual written notice to the registered owners of the manufactured homes or mobilehomes prior to the inspection.
- Requires HCD or the locality to collect an annual $4 fee per space to fund the inspection program.
- Provides that this inspection program shall remain in effect until January 1, 2019.
This bill removes the sunset for this inspection program so that the program will remain in effect indefinitely.
COMMENTS:
- Purpose of the bill. According to the author, the Mobilehome Park Maintenance (MPM) inspection program is functioning satisfactorily, but will sunset on January 1, 2019. Without taking prompt action to make the law permanent, this much needed state inspection program will no longer be able to enforce quality of life issues at mobilehome parks across California.
- MPM Inspection Program. Under the MPM inspection program, existing law requires HCD or a local enforcement agency, until January 1, 2019, to inspect mobilehome parks proactively with a goal of inspecting at least five percent of the parks per year and a focus on those parks for which the enforcement agency has received complaints about serious health and safety violations. The enforcement agency must collect an annual fee per space of $4 to fund the MPM inspection program, $2 of which the mobilehome park owner may charge to individual homeowners. HCD must also to convene a task force every six months to solicit input on the conduct and operation of the MPM inspection program. The task force includes mobilehome park owners, mobilehome owners, local enforcement agencies, and legislative representatives. HCD must report to the task force information on the number of parks and spaces that were inspected, the fees collected, the most common violations discovered, and the number of violations identified plus progress on correcting those violations.
The top violations against park owners found in 2016 include: hazardous conditions in the park (trash bins overflowing, water accumulation, and tree hazards), exposed live electrical parts, lots that are unidentified for emergency responders, unsupported gas meters, and accumulation of trash or other combustible material on a vacant lot.
The top violations against park residents found in 2016 include: accumulation of trash or other combustible material, inadequate protection against the weather, missing or severely damaged awnings or carports, miscellaneous residential plumbing issues, and extension cords used in lieu of permanent wiring.
- The sun never sets. The sunset on this program has been extended several times in the past:
- SB 700 (O’Connell, Chapter 520, Statutes of 1999) — extended until January 1, 2007
- SB 1231 (Dunn, Chapter 644, Statutes of 2006) and AB 2250 (Coto, Chapter 858, Statues of 2006) — extended the sunset to 2012
- SB 951 (Correa, Chapter 314, Statutes of 2010) — extended the sunset to 2019
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 12, 2017.)
SUPPORT:
California Commission on Aging
OPPOSITION:
None received.
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Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
5MIN
Assembly Standing Committee on Housing and Community Development
3MIN
Senate Floor
1MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):