Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system, but allows for reasonable restrictions thereof.

This bill would make any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park, in a subdivision, cooperative, or condominium for mobilehomes, or in a resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system, as defined, on the mobilehome or the site, lot, or space on which the mobilehome is located void and unenforceable. The bill would make it unlawful for the management or the ownership to prohibit or restrict a homeowner or resident from installing or using a solar energy system on the home or the site, lot, or space on which the mobilehome is located or to take other specified actions in connection with the installation or use of a solar energy system, except as specified. The bill would exempt imposition of reasonable restrictions on solar energy systems, as defined. The bill would require a solar energy system to meet applicable health and safety standards and requirements imposed by state and local permitting authorities. The bill would make any entity that willfully violates these provisions in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park liable to the homeowner, resident, or other party for actual damages occasioned thereby, and for a civil penalty paid to the homeowner, resident, or other party in an amount not to exceed $2,000.

Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system, but allows for reasonable restrictions thereof.

This bill would make any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park, in a subdivision, cooperative, or condominium for mobilehomes, or in a resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system, as defined, on the mobilehome or the site, lot, or space on which the mobilehome is located void and unenforceable. The bill would make it unlawful for the management or the ownership to prohibit or restrict a homeowner or resident from installing or using a solar energy system on the home or the site, lot, or space on which the mobilehome is located or to take other specified actions in connection with the installation or use of a solar energy system, except as specified. The bill would exempt imposition of reasonable restrictions on solar energy systems, as defined. The bill would require a solar energy system to meet applicable health and safety standards and requirements imposed by state and local permitting authorities. The bill would make any entity that willfully violates these provisions in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park liable to the homeowner, resident, or other party for actual damages occasioned thereby, and for a civil penalty paid to the homeowner, resident, or other party in an amount not to exceed $2,000.

Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system, but allows for reasonable restrictions thereof.

This bill would make any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park, in a subdivision, cooperative, or condominium for mobilehomes, or in a resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system, as defined, on the mobilehome or the site, lot, or space on which the mobilehome is located void and unenforceable. The bill would make it unlawful for the management or the ownership to prohibit or restrict a homeowner or resident from installing or using a solar energy system on the home or the site, lot, or space on which the mobilehome is located or to take other specified actions in connection with the installation or use of a solar energy system, except as specified. The bill would exempt imposition of reasonable restrictions on solar energy systems, as defined. The bill would require a solar energy system to meet applicable health and safety standards and requirements imposed by state and local permitting authorities. The bill would make any entity that willfully violates these provisions in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park liable to the homeowner, resident, or other party for actual damages occasioned thereby, and for a civil penalty paid to the homeowner, resident, or other party in an amount not to exceed $1,000. $2,000.

Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks, parks and imposes various duties on the owners of mobilehome parks and the agents and representatives authorized to act on behalf of the owners. includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system, but allows for reasonable restrictions thereof.

This bill would state the intent of the Legislature to enact legislation that would allow a homeowner or resident to install a solar energy system on their mobilehome. make any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park, in a subdivision, cooperative, or condominium for mobilehomes, or in a resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system, as defined, on the mobilehome or the site, lot, or space on which the mobilehome is located void and unenforceable. The bill would make it unlawful for the management or the ownership to prohibit or restrict a homeowner or resident from installing or using a solar energy system on the home or the site, lot, or space on which the mobilehome is located or to take other specified actions in connection with the installation or use of a solar energy system, except as specified. The bill would exempt imposition of reasonable restrictions on solar energy systems, as defined. The bill would require a solar energy system to meet applicable health and safety standards and requirements imposed by state and local permitting authorities. The bill would make any entity that willfully violates these provisions liable to the homeowner, resident, or other party for actual damages occasioned thereby, and for a civil penalty paid to the homeowner, resident, or other party in an amount not to exceed $1,000.

Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks, and imposes various duties on the owners of mobilehome parks and the agents and representatives authorized to act on behalf of the owners.

This bill would state the intent of the Legislature to enact legislation that would allow a homeowner or resident to install a solar energy system on their mobilehome.

 UNFINISHED BUSINESS  

Bill No: SB 1190

Author: Laird (D)

Amended: 6/19/24

Vote: 21

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 39-0, 5/20/24

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Min

ASSEMBLY FLOOR: 75-0, 6/26/24 (Consent) - See last page for vote

SUBJECT: Mobilehomes: solar energy systems

SOURCE: Golden State Manufactured-Home Owners League, Inc.

DIGEST:

This bill prohibits a mobilehome park from prohibiting or restricting the installation and use of solar energy systems on mobilehomes or their lots, with an exception for reasonable restrictions, as specified.

Assembly Amendments

remove the provisions that assign liability and provides for the award of reasonable attorney’s fees to any entity that willfully violates the bill’s provisions for a homeowner or resident in a mobilehome park, and changes the maximum civil penalty for when an entity willfully violates the bill’s provisions relating to a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome parks from $1,000 to $2,000.

ANALYSIS:

Existing law:

1. Creates the Mobilehome Residency Law (MRL) to regulate the relationship between mobilehome park management and park residents, and establish various rights, responsibilities, and limits of both groups. (Civil (Civ.) Code § 798 et seq.)
2. Requires that the rental agreement between a mobilehome owner and the mobilehome park be in writing and contain specified provisions, including the rules and the regulations of the park. (Civ. Code § 798.15)
3. Specifies the procedures that a park must follow to change the park rules and regulations, requiring that park management meet and consult with the homeowners in the park after written notice is provided to all homeowners at least 10 days before the meeting. Provides that amendments can be implemented with the consent of the homeowner, or without the homeowner’s consent upon written notice of at least six months, unless the amendments are applicable to recreational facilities, which may be amended without homeowner consent upon written notice of 60 days. (Civ. Code § 798.25)
4. Specifies that mobilehome owners, residents, and guests must comply with the rental agreement, and any reasonable rule or regulation of the park that is part of the agreement. (Civ. Code § 798.56)
5. Specifies that a mobilehome park may only evict a resident for: failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; conviction for certain crimes; failure to comply with a reasonable rule of the park; or for nonpayment of rent, utilities, or other reasonable incidental services charged by the park. (Civ. Code § 798.56)
6. Establishes the Mobilehome Parks Act (MPA) to prescribe standards and requirements for construction, maintenance, occupancy, use, and design of mobilehomes and mobilehome parks to guarantee park residents maximum protection of their investment and a decent living environment. Provides the Department of Housing and Community Development (HCD) with authority over enforcement of the MPA, and requires HCD to inspect five percent of state mobilehome parks for violations annually. (Health & Safety (Saf.) Code § 18400 et seq.)
7. Establishes the Mobilehome Residency Law Protection Program (MRLPP) within HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer certain, meritorious valid complaints to a Legal Service Provider or appropriate enforcement agency. (Health & Saf. Code § 18800 et seq.)

This bill:

1. Makes any covenant, restriction, or condition contained in any rental agreement between the mobilehome park and mobilehome owner or other instrument affecting the tenancy that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located, void and unenforceable.
2. Prohibits mobilehome park management from prohibiting or restricting a mobilehome owner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome rests, and prohibits management from:
   1. charging any fee on a mobilehome owner or resident in connection with the installation or use of a solar energy system;
   2. requiring a mobilehome owner or resident to use a specific solar installation contractor or solar energy system or product; or
   3. claiming or receiving any rebate, credit, or commission in connection with a homeowner or resident’s installation or use of a solar energy system.
3. Specifies that its sections do not prohibit reasonable restrictions on solar energy systems, though it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles to solar use.
4. Requires that permissible reasonable restrictions are those that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
5. Defines “solar energy system” as it is defined in Section 801.5(a)(1)(2) of the Civil Code, and requires that a solar energy system:
   1. meet all applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Government Code Section 65850.5;
   2. if the solar energy system or solar collector is used for heating water, be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes;
   3. meet all applicable safety and performance standards established by the California Electrical Code, Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories, and if applicable, safety and reliability rules of the Public Utilities Commission.
6. Exempts from its provisions any mobilehome park that is a master-meter park, as defined in Public Utilities Code Section 739.5.
7. Provides that any entity that willfully violates the above sections relating to a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, is liable to the mobilehome owner, resident, or other party for actual damages caused by the violation, and requires such violator to pay a civil penalty of up to $2,000 to the homeowner, resident, or other party.
8. Provides that, in any civil action pursuant to 7), above, the prevailing party shall be awarded reasonable attorney’s fees.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/28/24)

Golden State Manufactured-Home Owners League, Inc. (source)

California Solar & Storage Association

OPPOSITION: (Verified 6/28/24)

None received

ARGUMENTS IN SUPPORT: According to the Golden State Manufactured-Home Owners League, Inc., the sponsor of this bill:

Currently, the MRL is silent on access, installation, or the use of solar energy systems in mobilehome parks. This has caused inconsistent interpretations and allowed some park owners to block mobilehome residents from installing solar energy systems, which could offset monthly utility bills for residents who are on fixed or modest incomes.

SB 1190 would amend the existing Civil Code to ensure mobilehome homeowners or residents, not living in a master-metered park, are not prevented from installing and using solar energy systems. The bill would also prohibit mobilehome parks from charging any fee in connection with the installation or use of the solar energy system; require the use of a specific solar installation contractor or solar energy system or product; or claim or receive any rebate, credit or commission in connection with the installation or use of the solar energy system.

According to the California Solar & Storage Association, which supports this bill:

This bill would prohibit managers of mobile home parks from preventing individual mobile homeowners from installing solar energy systems. It would apply to solar systems designed to serve the individual customer’s own consumption, and only if the customer is individually metered.

People who live in mobile homes should have the same opportunity to install solar as customers in single-family houses. Safety and reliability are protected by the local jurisdiction and the utility. If those entities determine that a mobile home solar system is safe and reliable, the mobile home park manager should not be allowed to impose their own restrictions based on unfounded fears and should not impose fees or unreasonable conditions on solar installations.

ASSEMBLY FLOOR: 75-0, 6/26/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Gipson, Jones-Sawyer, Mathis, Papan

Prepared by: Ian Dougherty / JUD. / (916) 651-4113

6/28/24 13:06:24

**** END ****

Date of Hearing: June 18, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

SBPCA Bill Id:SB 1190

Author:(Laird) – As Amended Ver:March 18, 2024

PROPOSED CONSENT (As Proposed to be Amended)

SENATE VOTE: 39-0

SUBJECT: Mobilehomes: solar energy systems

KEY ISSUE: should the residents of mobilehome parks, as a general rule, be entitled to install solar energy systems on their units?

SYNOPSIS

Dating back to the late 1970s, the Solar Rights Act guarantees that property owners, including those living in homeowner associations, are entitled to install rooftop solar on their properties, so long as the system meets all permitting, health, and safety requirements. Thanks to the success of the Solar Rights Act, and the litany of solar incentive programs the state has deployed in the intervening 45 years, California generates more rooftop solar power than any other state. In fact, California's rooftop solar network is so robust that California generates twice as much rooftop-based solar power as the next closest state. However, the owners of mobilehomes have been left behind from this boon of rooftop solar as the Solar Rights Act does not prohibit a mobilehome park from prohibiting or significantly deterring the installation of rooftop solar systems.

Recognizing that the half a million mobilehomes in California represent an untapped area for rooftop solar deployment, and seeking to ensure that these homeowners are able to reap the environmental and economic benefits of rooftop solar, this measure prohibits mobilehome parks form prohibiting a rooftop solar system that has been properly permitted and meets all health and safety requirements. The bill also seeks to prevent mobilehome parks from imposing onerous conditions on the installation of rooftop solar that would otherwise serve as a de facto ban on the systems. This bill, as proposed to be amended, utilizes the existing enforcement provisions of California’s Mobilehome Residency Law to enable mobilehome owners to adjudicate their rights.

This measure is sponsored by the Golden State Manufactured-home Owners League and is supported by the California Storage and Solar Association. The proponents of this measure highlight the need for more solar generation in California and the significant economic benefits rooftop solar can provide homeowners stemming from utility cost savings. This non-controversial measure has no known opposition and was previously heard and unanimously approved by the Assembly Committee on Housing and Community Development.

SUMMARY: Authorizes the owner of a mobilehome to install and use a solar energy system, notwithstanding any covenant, restriction, or condition contained in any rental agreement, as specified. Specifically, this bill:

1. Deems any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park or a resident in a subdivision, cooperative, or condominium for mobilehomes, that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located to be void and unenforceable.
2. Prohibits management or ownership of a mobilehome park from prohibiting or restricting a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located.
3. Prohibits a mobilehome park owner from doing any of the following:
   1. Charging any fee to a homeowner or resident in connection with the installation or use of a solar energy system;
   2. Requiring a homeowner or resident to use a specific solar installation contractor or solar energy system or product; or
   3. Claiming or receiving any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system.
4. Permits the management or ownership of a mobilehome park to impose reasonable restrictions on solar energy systems so long as those restrictions do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance.
5. Permits the management or ownership of a mobilehome park to allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
6. Requires a solar energy system installed by a mobilehome owner to meet applicable health and safety standards and requirements imposed by state and local permitting authorities, as specified.
7. Requires a solar energy system or solar collector installed by a mobilehome owner and used for heating water to be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
8. Requires a solar energy system for producing electricity to also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriter Laboratories, and, if applicable, rules of the Public Utilities Commission regarding safety and reliability.
9. Exempts from the provisions of the bill a master-meter park, as defined in the Mobilehome Residency Law.
10. Defines “solar energy system” to mean a system that is designed to serve one utility retail customer on the same property, more than one utility retail customer on the same property, one utility retail customer on the same, adjacent, or contiguous properties, or more than one utility retail customer on the same, adjacent or contiguous properties, and is not designed for procurement of electricity by an electric utility, and is either of the following:
    1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating; or
    2. A structural design feature that supports a solar collector or solar energy device, as specified.
11. Provides that a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park that violates the provisions of this bill is subject to a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars in addition to reasonable attorney’s costs and fees.

EXISTING LAW:

1. Establishes the Mobilehome Residency Law which outlines the rights, responsibilities, obligations, and relationships between mobilehome park residents and management. (Civil Code Section 798 et seq.)
2. Requires a rental agreement between a mobilehome park resident and owner to be in writing and contain the rules and the regulations of the park, as specified. (Civil Code Section 798.15.)
3. Requires mobilehome owners, residents, and guests to comply with the rental agreement, and any reasonable rule or regulation of the park that is part of the agreement. (Civil Code Section 798.56.)
4. Requires mobilehome park management to permit a homeowner to rent their home that serves as the homeowner’s primary residence or sublet their space, as specified. (Civil Code Section 798.23.5.)
5. Prohibits a mobilehome owner from being charged a fee other than for rent, utilities, and incidental reasonable charges for services actually rendered. (Civil Code Section 798.31.)
6. Provides that where mobilehome park management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period must be separately stated along with the opening and closing readings for the homeowner’s meter. (Civil Code Section 798.40 (a).)
7. Provides that if a homeowner or former homeowner of a mobilehome park is the prevailing party in a civil action, including a small claims court action, against the management to enforce their rights under the law, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousand dollars ($2,000) for each willful violation of the existing law. (Civil Code Section 798.86 (a).)
8. Authorizes a homeowner or former homeowner of a park who is the prevailing party in a civil action against management to enforce their rights under the existing law to be awarded either punitive damages, as specified, unless the homeowner or former homeowner is awarded the statutory penalties authorized by 7). (Civil Code Section 798.86 (b).)
9. Provides, pursuant to the California Solar Rights Act, that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document of a homeowner association that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable, as specified. (Civil Code Section 714 (a).)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: California is a national leader in the deployment of residential rooftop solar. The California Solar Rights Act (commencing at Civil Code Section 714) prohibits any covenant, restriction, or condition affecting real property from prohibiting the installation of a solar energy system that meets applicable health, safety, and building codes. The Solar Rights Act, however, does not extend to mobilehomes. This bill would extend a similar right to the owner of a mobilehome that is located in a mobilehome park. In support of this bill, the author states:

California is a leader in the transition to renewable energy sources. This includes solar adoption, and for decades the state has made it a point to remove barriers limiting the installation and use of solar energy systems. Despite the state’s commitment to promoting the use of solar, there has been no consensus when it comes to whether mobilehome owners can install and use a solar energy system, and some parks have blocked the installation and use of solar in spite of a mobilehome’s capability to support solar infrastructure.

Senate Bill 1190 strikes a balance to ensure that residents have the right to install a solar energy system on their mobilehome, if certain requirements are met including that the park not be on a master meter system, while also adding reasonable restrictions that guarantee the safety of park residents and limit onerous responsibilities placed on park management. Mobilehome owners should not be arbitrarily restricted from installing solar on their own homes.

The Mobilehome Residency Law governs the relationships between mobilehome owners and the management of the mobileparks in which they call home. California has over half a million individual mobilehomes spread across an estimated 4,500 mobilehome parks statewide. Despite their name, mobilehomes are not all that mobile, indeed most homes are affixed to a stationary base within a mobilehome park. While the homeowner owns the physical mobilehome, the park (which can have an independent owner or be cooperatively owned by the residents) owns the underlying land. Typically a mobilehome owner pays rent and other fees to a mobilehome park owner to cover the cost of the physical space upon which the mobilehome sits as well as any accessible common areas.

Unsurprisingly, this complex property relationship can become contentious. Accordingly, the Mobilehome Residency Law governs the relationship between mobilehome owners and their parks. The overwhelming majority of the law governs the relationship between mobilehome owners and mobilehome parks owned by third parties, a relationship that somewhat resembles that of a landlord and a tenant. A much smaller aspect of the law governs the relationship between mobilehome owners and mobilehome parks that are established as a subdivision, cooperative or condominium, which function largely like homeowner associations. The Mobilehome Residency Law spells out the rights and duties of all of the parties, how non-payment for rent is treated, and what obligations the mobilehome park can and cannot impose on individual homes. Similar to both landlord-tenant law and homeowner association law, the Mobilehome Residency Law addresses issues related to shared utilities, common areas, and maintenance. Much like other aspects of property law, disputes arising from the Mobilehome Residency Law are adjudicated in court, however, somewhat unique to the mobilehome laws are the statutory imposition of statutory penalties against third party owned parks who violate the Mobilehome Residency Law. Those provisions award aggrieved mobilehome owners a $2,000 statutory penalty or punitive damages, as well as attorney’s fees.

California has long been a national leader in the deployment of residential rooftop solar. Dating back to the late 1970s, and the first administration of former Governor Jerry Brown, California policy makers have viewed residential solar as a critical aspect of reducing the state’s climate impacts. Originally enacted in 1978, the California Solar Rights Act invalidates any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document of a homeowner association that effectively prohibits or restricts the installation or use of a solar energy system. (AB 3250 (Levine) Chap. 1154, Stats. 1978.) This framework ensures that developers, homeowners associations, and local neighborhood associations cannot block the deployment of residential solar. Building on the Solar Rights Act, the California Energy Commission’s regulations (found throughout Title 24 of the California Code of Regulations) have significantly expanded the deployment of residential solar in new home construction across the state.

Additionally, California’s myriad of clean air laws have led to the development of tax and other financial incentives for homeowners to add solar to their rooftops. As a result of California’s strong push for residential rooftop solar, the state now leads the nation in the amount of power generated by rooftop solar. Indeed, in 2023 California rooftops generated 38,145 megawatts of electricity, nearly double the 16,173 megawatts generated by second place Texas. (Emily Glover, The Best And Worst States For Solar Energy 2024 Forbes Homes (May 24, 2024), available at: https://www.forbes.com/home-improvement/solar/best-worst-states-solar/#:~:text=When%20assessing%20the%20best%20state,which%20has%2016%2C173%20MW%20installed.)

Despite all of the environmental and economic benefits conferred to millions of Californians by rooftop solar, existing law has left mobilehome owners behind. While rooftop solar can safely be deployed on top of a mobilehome, the California Solar Rights Act does not prevent a mobilehome park, especially one owned by a third party, from blocking the owner of a mobilehome from adding rooftop solar to their home. Accordingly, half a million California rooftops that could be generating clean, renewable energy (and saving homeowners on their utility bills) have been left behind.

This bill grants mobilehome owners many of the same rights as single family homeowners. Seeking to ensure that mobilehome owners can partake in the benefits of rooftop solar, this bill provides that mobilehome owners who comply with all mandated permitting and government approvals for installation of rooftop solar cannot be prevented by park management from installing solar on their homes. This bill deems any covenant, restriction, or condition in a rental agreement between a mobilehome owner or resident and the mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome, site, lot, or space on which the mobilehome is located to be void and unenforceable.

In addition to voiding restrictive contract provisions this bill also seeks to prohibit methods that could serve as a de facto prohibition on rooftop solar, including prohibiting a mobilehome park from charging a fee to the homeowner or resident in connection with the installation or use of a solar energy system, the park from requiring a homeowner or resident to use a specific solar installation contractor or solar energy system or product, or the park from staking claim to or receiving any rebate, credit, or commission in connection with a homeowner or resident’s installation or use of solar.

The bill, as proposed to be amended, aligns enforcement of the mobilehome owner’s rights with the provisions of existing law related to civil disputes between mobilehome owners and third party owned mobilehome parks. For those living in a mobilehome park that is operated as a subdivision, cooperative or condominium the bill provides a civil penalty of $2,000 for violations of the bill that aligns with the existing law for third party owned parks.

Proposed technical amendments align the enforcement provisions with the existing enforcement provisions of the Mobilehome Residency Law. As noted above, existing law provides residents of mobilehome parks that are owned by third parties a $2,000 statutory penalty or punitive damages, as well as attorney’s fees, when their rights are violated. The measure in print adopts a standalone enforcement provision for this bill and a lower statutory penalty. In order to align this bill with the enforcement provisions of existing law, the author is proposing to delete the standalone enforcement provisions regarding third party owned mobilehome parks, and thus reverts the bill to the enforcement mechanisms of existing law. Accordingly, subdivisons (f) and (g) of the proposed Civil Code Section 798.44.1 will be deleted.

Given that the existing law’s enforcement mechanisms do not apply to mobilehome parks operated as a subdivision, cooperative or condominium, the author is proposing amendments to align the enforcement provisions related to these parks with the enforcement provisions of existing law for third party owned parks. Thus subdivision (f) of the proposed Civil Code Section 799.12 is will be amended to read:

(f) Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000) one thousand dollars ($1,000).

ARGUMENTS IN SUPPORT: This measure is sponsored by the Golden State Manufactured-home Owners League and is supported by the California Storage and Solar Association. In support of the bill the Golden State Manufactured-home Owners League write:

Currently, the MRL is silent on access, installation, or the use of solar energy systems in mobilehome parks. This has caused inconsistent interpretations and allowed some park owners to block mobilehome residents from installing solar energy systems, which could offset monthly utility bills for residents who are on fixed or modest incomes. SB 1190 would amend the existing Civil Code to ensure mobilehome homeowners or residents, not living in a master-metered park, are not prevented from installing and using solar energy systems. The bill would also prohibit mobilehome parks from charging any fee in connection with the installation or use of the solar energy system; require the use of a specific solar installation contractor or solar energy system or product; or claim or receive any rebate, credit or commission in connection with the installation or use of the solar energy system.”

REGISTERED SUPPORT / OPPOSITION:

Support

Golden State Manufactured-home Owners League (sponsor)

California Solar & Storage Association

Opposition

None on file

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334

Date of Hearing: June 12, 2024

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

Christopher M. Ward, Chair

SBPCA Bill Id:SB 1190

Author:(Laird) – As Amended Ver:March 18, 2024

SENATE VOTE: 39-0

SUBJECT: Mobilehomes: solar energy systems

SUMMARY: Prohibits mobilehome park ownership or management from placing restrictions on a mobilehome homeowner or resident installing or using a solar energy system, as specified. Specifically, this bill:

1. Declares as void and unenforceable any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a mobilehome park, a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located.
2. Prohibits management or ownership from prohibiting or restricting a homeowner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome is located.
3. Prohibits ownership or management from doing any of the following:
   1. Charging any fee to a homeowner or resident in connection with the installation or use of a solar energy system;
   2. Requiring a homeowner or resident to use a specific solar installation contractor or solar energy system or product; or
   3. Claiming or receiving any rebate, credit, or commission in connection with a homeowner’s or resident’s installation or use of a solar energy system.
4. Allows the imposition of reasonable restrictions on solar energy systems, and declares it to be the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. States that reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
5. Defines, for purposes of the bill, “solar energy system” to mean either of the following that is designed to serve one utility retail customer on the same property, more than one utility retail customer on the same property, one utility retail customer on the same, adjacent, or contiguous properties, or more than one utility retail customer on the same, adjacent or contiguous properties, and is not designed for procurement of electricity by an electric utility:
   1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating; or
   2. A structural design feature, including the following:
      1. Solar racking, solar mounting, and elevated solar support structures, including, but not limited to, solar carports, solar shade structures, solar awnings, solar canopies, and solar patio covers, regardless of whether the feature is on the ground or on a building. Elevated solar support structures include the aboveground superstructure and associated foundation elements that support the solar collectors or other solar energy devices described in 5)a);
      2. Any design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating; or
      3. Any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles.
6. Requires a solar energy system to meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with specified law.
7. Requires solar energy systems and solar collectors used for heating water to be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
8. Requires a solar energy system for producing electricity to also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriter Laboratories, and, if applicable, rules of the Public Utilities Commission regarding safety and reliability.
9. Exempts from the provisions of the bill a master-meter park, as defined.
10. Establishes that any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed $1,000.
11. Provides that in any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees.

EXISTING LAW:

1. Regulates, pursuant to the Mobilehome Residency Law (MRL), the rights, responsibilities, obligations, and relationships between mobilehome park management and park residents. (Civil Code (CC) Section 798, et seq.)
2. Requires that the rental agreement between a mobilehome owner and the mobilehome park be in writing and contain specified provisions, including the rules and the regulations of the park. (CC 798.15)
3. Requires mobilehome owners, residents, and guests to comply with the rental agreement, and any reasonable rule or regulation of the park that is part of the agreement. (CC 798.56)
4. Regulates, pursuant to Article 9 of the MRL, the rights of a resident who has an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park in which their mobilehome is located or installed. Further regulates the relationship between the resident and the ownership or management of the subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome park. (CC 799 and 799.1)

FISCAL EFFECT: None.

COMMENTS:

Author’s Statement: According to the author, “California is a leader in the transition to renewable energy sources. This includes solar adoption, and for decades the state has made it a point to remove barriers limiting the installation and use of solar energy systems. Despite the state’s commitment to promoting the use of solar, there has been no consensus when it comes to whether mobilehome owners can install and use a solar energy system, and some parks have blocked the installation and use of solar in spite of a mobilehome’s capability to support solar infrastructure.

Senate Bill 1190 strikes a balance to ensure that residents have the right to install a solar energy system on their mobilehome, if certain requirements are met including that the park not be on a master meter system, while also adding reasonable restrictions that guarantee the safety of park residents and limit onerous responsibilities placed on park management. Mobilehome owners should not be arbitrarily restricted from installing solar on their own homes.”

Background: More than one million people live in California's approximately 4,500 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from thousands to tens of thousands of dollars depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces.

The MRL extensively regulates the relationship between landlords and homeowners who occupy a mobilehome park. A limited number of provisions also apply to residents who rent, as opposed to own, their mobilehome. The MRL has two parts: Articles 1 through 8 apply to most mobilehome parks and Article 9 applies to resident-owned parks or parks which are established as a subdivision, cooperative or condominium. The provisions cover many issues, including, but not limited to: 1) the rental and lease contract terms and specific conditions of receipt and delivery of written leases, park rules and regulations, and other mandatory notices; 2) mandatory notice and amendment procedures for mobilehome park rules and regulations; 3) mandatory notice of fees and charges, and increases or changes in them; and 4) specified conditions governing mobilehome park evictions. A dispute that arises pursuant to the application of the MRL generally must be resolved in a civil court of competent jurisdiction.

HCD oversees several areas of mobilehome law, including health and safety standards, registration and titling of mobilehomes and parks, and, through the Mobilehome Ombudsman, assists the public with questions or problems associated with various aspects of mobilehome law. The Mobilehome Ombudsman provides assistance by taking complaints and helping to resolve and coordinate the resolution of those complaints. However, the Ombudsman does not have enforcement authority for the MRL, and cannot arbitrate, mediate, negotiate, or provide legal advice on mobilehome park rent disputes, lease or rental agreements, but may provide general information on these issues. In 2018, the Mobilehome Residency Law Protection Program (MRLPP) was created to help mobilehome park residents better resolve issues and violations of the MRL. The program requires HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer complaints to a Legal Service Provider or appropriate enforcement agency.

HCD also inspects parks and mobilehomes for health and safety issues. Under the Mobilehome Park Maintenance (MPM) program, HCD annually inspects 5% of parks for compliance with health and safety requirements under the Health and Safety Code (Mobilehome Parks Act) and Title 25. The program is funded through a $4 fee, of which the property owner may charge half ($2) to the homeowners. In addition to the MPM program, HCD also responds to health and safety complaints under the Mobilehome Parks Act.

Utilities and Solar on Mobilehomes: Mobilehome parks can provide utilities to their residents in a number of ways, such as by allowing the utility to provide the utilities directly to the mobilehome, or by acting as a master-meter customer providing submetered service. In the master-meter arrangement, the mobilehome park contracts with the utility company and pays for the utilities, and then manages the distribution and metering of the utilities to residents and bills their residents separately for the service. The MRL places limitations and rules on how the park can provide master-meter services, and the type and amount of charges they can impose upon residents for utility billing.

A mobilehome owner may not make improvements or alterations to their space or home without following the rules and regulations of the park, and all applicable local ordinances and state laws and regulations relating to the improvement or construction, including any that require obtaining a permit. If the park rules require it, a mobilehome owner may have to obtain prior written approval from the park management for any alterations or improvements.

Converting to solar on a residential home can help meet the state’s goals on renewable energy and reduce greenhouse gases, while also potentially lowering energy costs for the resident. However, the author asserts that some mobilehome owners wishing to make the move to solar have been prevented from doing so by the management of their mobilehome park. According to the author, mobilehome owners report going through the process to obtain the requisite permits needed from the city to install solar panels on their mobilehome, only to have the park management deny their request to install the solar panels on their mobilehome. In another example, the author states that a mobilehome owner obtained the permits for solar panels, believed they could install them, and then were ordered to remove them by the park management. At least one instance involved a park claiming that solar panels must be “aesthetically appropriate” to be approved.

SB 1190 would provide that mobilehome owners who seek to install solar panels on their homes and go through the requisite permitting process can do so, and cannot be prevented by park management from installing solar on their homes. It does so by making void and unenforceable any covenant, restriction, or condition in a rental agreement between a mobilehome owner or resident and the mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome, site, lot, or space on which the mobilehome is located. This provision would act to ensure that if a mobilehome park enacts a rule that prohibits or restricts the installation of solar panels, the park would not be able to enforce or rely on such a rule. Such a rule, if violated by a mobilehome owner or resident, could not be the basis for an eviction, as it would be void under the provisions of SB 1190.

In addition, this bill specifically prohibits park management from restricting or prohibiting the installation or use of solar panels on a mobilehome or site, and prohibits the following acts: charging a fee to the homeowner or resident in connection with the installation or use of a solar energy system; requiring a homeowner or resident to use a specific solar installation contractor or solar energy system or product; or claiming or receiving any rebate, credit, or commission in connection with a homeowner or resident’s installation or use of solar. The prohibitions in this bill apply both to privately owned mobilehome parks, and to resident-owned parks that are owned and governed as a cooperative, subdivision or condominium.

This bill specifies that reasonable restrictions on solar systems are not prohibited, as long as they do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or else that they allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. A solar energy system must still meet all applicable health and safety standards and requirements, and all safety and performance standards. If the solar system is used for heating water, it must be certified by an accredited listing agency as defined in the Plumbing and Mechanical codes. In addition to these qualifications, SB 1190 exempts mobilehome parks that utilize a master-meter system.

SB 1190’s provisions mirror the language added to the Civil Code under the Solar Rights Act of 1978, which established a homeowner’s right to install a solar energy system in a common interest development by limiting the ability of the homeowner’s association to prohibit such an installation. SB 1190 is extending similar protections to owners of mobilehomes.

Arguments in Support: According to the Golden State Manufactured-home Owners League (GSMOL), the bill’s sponsor, “Currently, the MRL is silent on access, installation, or the use of solar energy systems in mobilehome parks. This has caused inconsistent interpretations and allowed some park owners to block mobilehome residents from installing solar energy systems, which could offset monthly utility bills for residents who are on fixed or modest incomes. SB 1190 would amend the existing Civil Code to ensure mobilehome homeowners or residents, not living in a master-metered park, are not prevented from installing and using solar energy systems. The bill would also prohibit mobilehome parks from charging any fee in connection with the installation or use of the solar energy system; require the use of a specific solar installation contractor or solar energy system or product; or claim or receive any rebate, credit or commission in connection with the installation or use of the solar energy system.”

Arguments in Opposition: None on file.

Related Legislation:

AB 3250 (Levine), Chapter 1154, Statutes of 1978: Enacted the Solar Rights Act of 1978, which established a homeowner’s right to install a solar energy system in a common interest development by limiting the ability of the homeowner’s association that governs the common interest development to prohibit such an installation.

Double-referred: This bill was also referred to the Assembly Committee on Judiciary where it will be heard should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Golden state Manufactured-home Owners League (Sponsor)

California Solar & Storage Association

Opposition

None on file.

Analysis Prepared by: Nicole Restmeyer / H. & C.D. / (916) 319-2085

 THIRD READING  

Bill No: SB 1190

Author: Laird (D)

Amended: 3/18/24

Vote: 21

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Mobilehomes: solar energy systems

SOURCE: Golden State Manufactured-Home Owners League, Inc.

DIGEST:

This bill prohibits a mobilehome park from prohibiting or restricting the installation and use of solar energy systems on mobilehomes or their lots, with an exception for reasonable restrictions, as specified.

ANALYSIS:

Existing law:

1. Creates the Mobilehome Residency Law (MRL) to regulate the relationship between mobilehome park management and park residents, and establish various rights, responsibilities, and limits of both groups. (Civ. Code § 798 et seq.).
2. Requires that the rental agreement between a mobilehome owner and the mobilehome park be in writing and contain specified provisions, including the rules and the regulations of the park. (Civ. Code § 798.15.)
3. Specifies the procedures that a park must follow to change the park rules and regulations, requiring that park management meet and consult with the homeowners in the park after written notice is provided to all homeowners at least 10 days before the meeting. Provides that amendments can be implemented with the consent of the homeowner, or without the homeowner’s consent upon written notice of at least six months, unless the amendments are applicable to recreational facilities, which may be amended without homeowner consent upon written notice of 60 days. (Civ. Code § 798.25.)
4. Specifies that mobilehome owners, residents, and guests must comply with the rental agreement, and any reasonable rule or regulation of the park that is part of the agreement. (Civ. Code § 798.56.)
5. Specifies that a mobilehome park may only evict a resident for: failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; conviction for certain crimes; failure to comply with a reasonable rule of the park; or for nonpayment of rent, utilities, or other reasonable incidental services charged by the park. (Civ. Code § 798.56.)
6. Establishes the Mobilehome Parks Act (MPA) to prescribe standards and requirements for construction, maintenance, occupancy, use, and design of mobilehomes and mobilehome parks to guarantee park residents maximum protection of their investment and a decent living environment. Provides the Department of Housing and Community Development (HCD) with authority over enforcement of the MPA, and requires HCD to inspect five percent of state mobilehome parks for violations annually. (Health & Saf. Code § 18400 et seq.)
7. Establishes the Mobilehome Residency Law Protection Program (MRLPP) within HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer certain, meritorious valid complaints to a Legal Service Provider or appropriate enforcement agency. (Health & Saf. Code § 18800 et seq.).

This bill:

1. Makes any covenant, restriction, or condition contained in any rental agreement between the mobilehome park and mobilehome owner or other instrument affecting the tenancy that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located, void and unenforceable.
2. Prohibits mobilehome park management from prohibiting or restricting a mobilehome owner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome rests, and prohibits management from:
   1. Charging any fee on a mobilehome owner or resident in connection with the installation or use of a solar energy system;
   2. Requiring a mobilehome owner or resident to use a specific solar installation contractor or solar energy system or product; or
   3. Claiming or receiving any rebate, credit, or commission in connection with a homeowner or resident’s installation or use of a solar energy system.
3. Specifies that its sections do not prohibit reasonable restrictions on solar energy systems, though it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles to solar use.
4. Requires that permissible reasonable restrictions are those that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
5. Defines “solar energy system” as it is defined in Section 801.5(a)(1)-(2), and requires that a solar energy system:
   1. Meet all applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Government Code Section 65850.5;
   2. If the solar energy system or solar collector is used for heating water, be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes;
   3. Meet all applicable safety and performance standards established by the California Electrical Code, Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories, and if applicable, safety and reliability rules of the Public Utilities Commission.
6. Exempts from its provisions any mobilehome park that is a master-meter park, as defined in Public Utilities Code Section 739.5.
7. Provides that any entity that willfully violates the above sections is liable to the mobilehome owner, resident, or other party for actual damages caused by the violation, and requires such violator to pay a civil penalty of up to $1,000 to the homeowner, resident, or other party.
8. Provides that, in any civil action to enforce the provisions of this bill, the prevailing party shall be awarded reasonable attorney’s fees.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 5/14/2024)

Golden State Manufactured-Home Owners League, Inc. (source)

California Solar & Storage Association

OPPOSITION: (Verified 5/14/2024)

None received

ARGUMENTS IN SUPPORT:

According to the Golden State Manufactured-Home Owners League, Inc., the sponsor of SB 1190:

Currently, the MRL is silent on access, installation, or the use of solar energy systems in mobilehome parks. This has caused inconsistent interpretations and allowed some park owners to block mobilehome residents from installing solar energy systems, which could offset monthly utility bills for residents who are on fixed or modest incomes.

SB 1190 would amend the existing Civil Code to ensure mobilehome homeowners or residents, not living in a master-metered park, are not prevented from installing and using solar energy systems. The bill would also prohibit mobilehome parks from charging any fee in connection with the installation or use of the solar energy system; require the use of a specific solar installation contractor or solar energy system or product; or claim or receive any rebate, credit or commission in connection with the installation or use of the solar energy system.

According to the California Solar & Storage Association, which supports SB 1190:

This bill would prohibit managers of mobile home parks from preventing individual mobile homeowners from installing solar energy systems. It would apply to solar systems designed to serve the individual customer’s own consumption, and only if the customer is individually metered.

People who live in mobile homes should have the same opportunity to install solar as customers in single-family houses. Safety and reliability are protected by the local jurisdiction and the utility. If those entities determine that a mobile home solar system is safe and reliable, the mobile home park manager should not be allowed to impose their own restrictions based on unfounded fears and should not impose fees or unreasonable conditions on solar installations.

Prepared by: Ian Dougherty / JUD. / (916) 651-4113

5/15/24 12:16:04

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: SB 1190 (Author:Laird)

Version: March 18, 2024

Hearing Date: April 23, 2024

Fiscal: No

Urgency: No

Consultant: ID

SUBJECT

Mobilehomes: solar energy systems

DIGEST

This bill prohibits a mobilehome park from prohibiting or restricting the installation and use of solar energy systems on mobilehomes or their lots, as specified.

EXECUTIVE SUMMARY

Global warming is an incontrovertible fact. One solution for combating global warming is to transition the state’s energy grid to renewable energy sources like solar energy. Solar energy systems have become increasingly popular and common for homeowners as a way of combating global warming and decreasing their energy costs. However, as the state and many of its residents move to sustainable practices and renewable energy, mobilehome owners have found themselves impeded from installing solar panel arrays on their mobilehomes or mobilehome sites by the management of the mobilehome park in which their mobilehome sits. To ensure that mobilehome owners who wish to can install and use solar energy systems for their mobilehomes, this bill prohibits mobilehome park management from prohibiting or restricting the installation and use of solar energy systems, and prohibits various specific acts by park management. This bill includes an exception for reasonable restrictions, as defined, and exempts mobilehome parks that rely on a master-meter system to provide residents electricity. This bill provides that an entity that willfully violates its sections is liable to an applicant mobilehome owner for actual damages, and a $1,000 civil penalty. In any action brought to enforce this bill’s provisions, the prevailing party is entitled to receive attorney’s fees.

This bill is sponsored by the Golden State Manufactured-Home Owners League, Inc. The Committee has received no timely opposition.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Creates the Mobilehome Residency Law (MRL) to regulate the relationship between mobilehome park management and park residents, and establish various rights, responsibilities, and limits of both groups. (Civ. Code § 798 et seq.).
2. Requires that the rental agreement between a mobilehome owner and the mobilehome park be in writing and contain specified provisions, including the rules and the regulations of the park. (Civ. Code § 798.15.)
3. Specifies the procedures that a park must follow to change the park rules and regulations, requiring that park management meet and consult with the homeowners in the park after written notice is provided to all homeowners at least 10 days before the meeting. Provides that amendments can be implemented with the consent of the homeowner, or without the homeowner’s consent upon written notice of at least six months, unless the amendments are applicable to recreational facilities, which may be amended without homeowner consent upon written notice of 60 days. (Civ. Code § 798.25.)
4. Specifies that mobilehome owners, residents, and guests must comply with the rental agreement, and any reasonable rule or regulation of the park that is part of the agreement. (Civ. Code § 798.56.)
5. Specifies that a mobilehome park may only evict a resident for: failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; conviction for certain crimes; failure to comply with a reasonable rule of the park; or for nonpayment of rent, utilities, or other reasonable incidental services charged by the park. (Civ. Code § 798.56.)
6. Establishes the Mobilehome Parks Act (MPA) to prescribe standards and requirements for construction, maintenance, occupancy, use, and design of mobilehome and mobilehome parks to guarantee park residents maximum protection of their investment and a decent living environment. Provides the Department of Housing and Community Development (HCD) with authority over enforcement of the MPA, and requires HCD to inspect five percent of state mobilehome parks for violations annually. (Health & Saf. Code § 18400 et seq.)
7. Establishes the Mobilehome Residency Law Protection Program (MRLPP) within HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer certain, meritorious valid complaints to a Legal Service Provider or appropriate enforcement agency. (Health & Saf. Code § 18800 et seq.).

This bill:

1. Makes any covenant, restriction, or condition contained in any rental agreement between the mobilehome park and mobilehome owner or other instrument affecting the tenancy that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome or the site, lot, or space on which the mobilehome is located, void and unenforceable.
2. Prohibits mobilehome park management from prohibiting or restricting a mobilehome owner or resident from installing or using a solar energy system on a mobilehome or the site, lot, or space on which the mobilehome rests, and prohibits management from:
   1. charging any fee on a mobilehome owner or resident in connection with the installation of use of a solar energy system;
   2. requiring a mobilehome owner or resident to use a specific solar installation contractor or solar energy system or product; or
   3. claiming or receiving any rebate, credit, or commission in connection with a homeowner or resident’s installation or use of a solar energy system.
3. Specifies that its sections do not prohibit reasonable restrictions on solar energy systems, though it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles to solar use.
4. Requires that permissible reasonable restrictions are those that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
5. Defines “solar energy system” as it is defined in Section 801.5(a)(1)-(2), and requires that a solar energy system:
   1. meet all applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Government Code Section 65850.5;
   2. if the solar energy system or solar collector is used for heating water, be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes;
   3. meet all applicable safety and performance standards established by the California Electrical Code, Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories, and if applicable, safety and reliability rules of the Public Utilities Commission.
6. Exempts from its provisions any mobilehome park that is a master-meter park, as defined in Public Utilities Code Section 739.5.
7. Provides that any entity that willfully violates the above sections is liable to the mobilehome owner, resident, or other party for actual damages caused by the violation, and requires such violator to pay a civil penalty of up to $1,000 to the homeowner, resident, or other party.
8. Provides that, in any civil action to enforce the provisions of this bill, the prevailing party shall be awarded reasonable attorney’s fees.

COMMENTS

1. Author’s statement

According to the author:

California is a leader in the transition to renewable energy sources. This includes solar adoption, and for decades the state has made it a point to remove barriers limiting the installation and use of solar energy systems. Despite the state’s commitment to promoting the use of solar, there has been no consensus when it comes to whether mobilehome owners can install and use a solar energy system, and some parks have blocked the installation and use of solar in spite of a mobilehome’s capability to support solar infrastructure.

Senate Bill 1190 strikes a balance to ensure that residents have the right to install a solar energy system on their mobilehome, if certain requirements are met, including that the park not be on a master meter system, while also adding reasonable restrictions that guarantee the safety of park residents and limit onerous responsibilities placed on park management. Mobilehome owners should not be arbitrarily restricted from installing solar on their own homes.

1. California’s mobilehome parks and their residents

There are an estimated 508,589 mobilehome units in California.^[1] Mobilehomes are pre-fabricated homes that are designed to be able to be transported and moved between locations. Thus, mobilehomes are unique among all residential options. However, while they are technically mobile, it often requires a significant amount of time, effort, and money to actually move a mobilehome. Costs for moving a mobilehome range from a few thousand to tens of thousands of dollars. Mobilehomes are also unique because many mobilehome residents own their mobilehome, but lease the land upon which their home is located from a mobilehome park. The mobilehome sits on a lot within a park of mobilehomes and common space. The mobilehome park and the lots on which the mobilehomes sit are usually privately owned and managed by a mobilehome park company.

Under this relationship, while residents technically own their mobilehome, they pay rent to the park management, are subject to the rules of the mobilehome park set by the ownership of the park, and they often rely on the park for the provision of utilities. If they fall behind on their rent payments to the park for their mobilehome’s lot, or if they violate a rule of the park, they can be evicted from the park. Considering they may have paid considerable amounts of money to buy the mobilehome that they can no longer live in, they could lose the equity they’ve accumulated in their mobilehome upon eviction by the park, either by having to sell the mobilehome quickly, or spending thousands of dollars to move their mobilehome elsewhere.

While most mobilehome parks owned by a private company separate from the mobilehome owners, some mobilehome parks are organized in arrangements where the mobilehome residents and owners are part-owners of the entire park. These arrangements include a subdivision of mobilehomes, a cooperative, a condominium for mobilehomes, and resident-owned mobilehome parks.

Mobilehome residents in California tend to be poorer and older than the average California renter, for which mobilehome ownership is an important option for affordable housing. In fact, the median price of a mobilehome in 2022 was $82,600, making mobilehome ownership one of the most significant, un-subsidized sources of affordable housing.^[2] While mobilehome park residents are generally older than the general population, there are still many young and middle-aged individuals and families living in mobilehome parks. As housing in California continues to become more expensive, mobilehomes will likely become attractive options for low-income Californians of all ages looking for affordable home ownership.

3. The laws that regulate mobilehome parks

In light of the unique nature of mobilehome parks and issues, the Legislature passed the Mobilehome Residency Law (MRL) in 1978 to regulate the relationship between mobilehome park management and park residents, and establish various rights, responsibilities and limits of both groups. (Civ. Code § 798 et seq.) Over time, the MRL has been amended to include additional protections for residents and limits on charges mobilehome parks can bill residents.

The MRL covers a variety of areas, including: permissible rental and lease contract terms; permissible park rules and mandatory notices to residents; limits on fees and charges, as well as increases to them; and conditions and limits related to mobilehome park evictions. The MRL also requires that the rules and the regulations of the park be included in the rental agreement for the mobilehome site, and specifies the procedures that a park must follow to change the park rules. (Civ. Code § 798.15.) Mobilehome owners, residents, and guests must comply with the rental agreement, and any reasonable rule or regulation of the park that are part of the agreement. (Civ. Code § 798.56.) Not complying with these rules, or applicable local ordinances or state laws and regulations relating to mobilehomes can be grounds for eviction from the park. The provision of the MRL relating to eviction specifies that a park may evict a resident only for: failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; conviction of certain crimes; failure to comply with a reasonable rule of the park; or for nonpayment of rent, utilities, or another reasonable incidental service charged by the park. (Civ. Code § 798.56.) Additionally, a mobilehome owner may not make improvement or alterations to their space or home without following the rules and regulations of the park, and all applicable local ordinances and state laws and regulations relating to the improvement or construction, including any that require obtaining a permit. (Civ. Code § 798.56.) If the park rules require it, a mobilehome owner may have to obtain prior written approval from the park management for any alterations or improvements. (Id.)

One of the other subjects addressed by the MRL are utilities. Mobilehome parks can provide utilities to their residents in a number of ways, such as by allowing the utility to provide the utilities directly to the mobilehome, or by acting as a master-meter providing submetered service. In the master-meter arrangement, the mobilehome park contracts with the utility company and pays for the utilities, and then manages the distribution and metering of the utilities to residents and bills their residents separately for the service. The MRL places limitations and rules on how the park can provide master-meter services, and the types and size of charges they can charge residents for utilities services. (Civ. Code §§ 798.40-798.44.)

The Department of Housing and Community Development (HCD) is the agency that oversees a variety of areas of the MRL, including health and safety standards, the registration and titling of mobilehomes and parks, and the inspections of parks for health and safety issues. Under the Mobilehome Parks Act, HCD must annually inspect five percent of parks for compliance with health and safety requirements under the Health and Safety Code, and must accept and respond to health and safety complaints. (Cal. Health & Safety Code §§ 18200-18700.) HCD also houses the Mobilehome Ombudsman, who assists the public with questions or issues related to various aspects of mobilehome law. However, neither HCD nor the ombudsman have enforcement authority for the MRL, and cannot provide legal advice or arbitrate or mediate park disputes. Instead, residents and mobilehome owners must go to court over a violation of the MRL. In 2018, the Mobilehome Residency Law Protection Program was created to help mobilehome park residents better resolve issues and violations of the MRL (AB 3066, Stone, Ch. 744, Stats. 2018.) The program requires HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer certain, meritorious complaints to a Legal Service Provider or appropriate enforcement agency.

4. California must transition to renewable energy to combat global warming

It is incontrovertible that man-made climate change is occurring. Models project that the state will continue to warm over the twenty-first century, with an estimate of an increase in annual average maximum daily temperature of at least 2.5 degrees Fahrenheit by 2039 and between 4.4 and 5.8 degrees Fahrenheit by 2069.^[3] The primary contributor to global warming has been greenhouse gases, a group of gases that, when added to the atmosphere, act to trap in the atmosphere heat that would otherwise radiate into space. The more greenhouse gases that are present in the atmosphere, the more heat is trapped in Earth’s atmosphere, thereby resulting in higher global temperatures. As the California’s climate continues to warm, the state and its residents are and will be severely affected through a myriad of ways, including through coastal flooding and erosion, environmental destruction through saltwater contamination, decreased water supply and increased drought, a greater risk of significant wildfires, more frequent hazardous weather and pollution, habitat destruction, increased illness and death from extreme weather events, and increased costs due to these impacts and climate change mitigation efforts.^[4]

In light of the reality of climate change and its dire consequences for California, the state has taken a variety of steps to decrease greenhouse gas emissions and combat climate change. In 2006, the Legislature passed AB 32 (Nuñez, Ch. 488, Stats. 2006) ambitiously requiring California to reduce its overall greenhouse gas emissions to 40 percent below 1990 levels by 2030. In 2022, the Legislature passed AB 1279 (Muratsuchi, Ch. 337, Stats. 2022), upping this reduction by requiring the state to achieve net negative emissions by 2024 and reduce statewide greenhouse gas emissions by 85 percent by 2045. The state also has instituted a cap-and-trade program requiring power plants and other facilities to buy and trade greenhouse gas emissions allowances to meet overall emissions reductions, a variety of programs and standards to reduce greenhouse gas emissions from vehicles, and a number of other initiatives aimed at reducing the state’s greenhouse gas emissions.

One of the solutions to combating climate change is to green our energy grid by transitioning from greenhouse gas-causing sources of energy, like fossil-fuel burning, to renewable sources of energy, like wind and solar. This is because greenhouse gas emissions from the energy sector account for 25 percent of total annual greenhouse gas emissions in the United States.^[5] Unlike other sources of energy, wind and solar energy do not produce the greenhouse gases that contribute to global warming. Considering this, a significant push has been made by the state and environmental groups over the last decade or so to phase out greenhouse gas-emitting sources of energy and expand the state’s capacity for renewable energy. This has included the promotion of the use of solar, either as power plants or as sources of power for individual homes and buildings as solar arrays on the building’s roof or nearby land. Promoting and expanding the use of solar and other renewable energy sources continues to be an important strategy for the state for combating global warming.^[6]

5. SB 1190 ensures that California’s mobilehome owners can transition to solar energy

Many Californians across the state, taking advantage of the state’s abundant supply of year-round sunlight, have moved to solar power for their homes. Solar panel arrays are usually placed on a home’s roof, and when in operation can produce all or most of the home’s electricity needs. In fact, solar arrays can sometimes produce more electricity than can be consumed by the home, resulting in added electricity going back into the power grid, for which residents with solar receive a credit from their electrical utility company. Thus, converting to solar on a residential home can help meet the state’s goals on renewable energy and reducing greenhouse gases, while also potentially resulting in lower energy costs for the resident.

However, in the mobilehome context, the author asserts that many mobilehome owners wishing to make the move to solar have been prevented from doing so by the management of their mobilehome park. According to the author, mobilehome owners report going through the process to obtain the requisite permits needed from the city to install solar panels on their mobilehome, only to have the park management deny their request to install the solar panels on their mobilehome. In another example, the author states that a mobilehome owner obtained the permits for solar panels, believed they could install them, and then were ordered to remove them by the park management after they had been installed. While it is not clear exactly why in all instances park management denied requests to install solar panels, at least one instance involved a park claiming that the solar panels would not be aesthetically appropriate for the park.

Considering these issues, and the importance of transitioning to a greener economy, SB 1190 aims to ensure that mobilehome owners who wish to install solar panels on their homes and go through the requisite permitting process can do so, and cannot be prevented by the mobilehome park management from installing solar on their homes. It does so by making any covenant, restriction, or condition in a rental agreement between a mobilehome owner or resident and the mobilehome park that effectively prohibits or restricts the installation or use of a solar energy system on the mobilehome, site, lot, or space on which the mobilehome is located as void and unenforceable. This provision would act to ensure that if a mobilehome park enacts a rule that prohibits or restricts the installation of solar panels, the park would not be able to enforce or rely on such a rule. Such a rule, if violated by a mobilehome owner or resident, could not be the basis for an eviction either, as it would be void under the provisions of SB 1190.

In addition, SB 1190 specifically prohibits mobilehome park management from restricting or prohibiting the installation or use of solar panels on a mobilehome or site, and prohibits the following acts: charging a fee to the homeowner or resident in connection with the installation or use of a solar energy system; requiring a homeowner or resident to use a specific solar installation contractor or solar energy system or product; or claiming or receiving any rebate, credit, or commission in connection with a homeowner or resident’s installation or use of solar. Thus, SB 1190 makes void and unenforceable any mobilehome park rule that acts to prohibit or restrict the installation or use of solar, and also prohibits a mobilehome park management from taking actions that prohibit or restrict the installation or use of solar as well. Both of the prohibitions in SB 1190 apply both to mobilehome parks where the park is owned by a company, and to mobilehome parks that are owned and governed as a cooperative, subdivision or condominium of mobilehomes, or a resident-owned mobilehome park.

SB 1190 has some exceptions and qualifications. It specifies that reasonable restrictions on solar systems are not prohibited, as long as they do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or else that they allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. It also specifies that a solar energy system must still meet all applicable health and safety standards and requirements, and all safety and performance standards. If the solar system is used for heating water, it must be certified by an accredited listing agency as defined in the Plumbing and Mechanical codes. In addition to these qualifications, SB 1190 specifically exempts mobilehome parks that utilize a master-meter system.

SB 1190’s provisions are not entirely novel. In 1978, the Legislature enacted the Solar Rights Act of 1978, which established a homeowner’s right to install a solar energy system in a common interest development by limiting the ability of the homeowner’s association that governs the common interest development to prohibit such an installation. (AB 3250 (Levine, Ch. 1154, Stats. 1978).) Much of the language of SB 1190 mirrors the language added to the Civil Code under the Solar Rights Act of 1978. (See Civ. Code § 714.) Where the Legislature previously enacted guarantees to the right to install solar for homes in a common interest development, SB 1190 is extending similar protections to owners of mobilehomes with regard to the governing bodies of the mobilehome park.

Considering SB 1190 potentially makes void and unenforceable provisions of a mobilehome resident’s rental agreement, the bill may implicate the Contracts Clause of the U.S. and California Constitutions. The Contracts Clause of the U.S. Constitution provides that “[n]o state shall … pass any Law impairing the Obligation of Contracts.” (U.S. Const. Art. I, § 10, cl. 1). This provision prohibits state governments from passing laws that infringe upon contracts, though it is firmly established that this prohibition only applies if a state or local law interferes with an existing contract.^[7] The California Constitution, similarly, declares that “[a]… law impairing the obligation of contracts may not be passed.” (Cal. Const., art. 1, § 9.) Because the two provisions are parallel, the same legal analysis applies to both. (Campanelli v. Allstate Life Ins. Co. (9^th Cir. 2003) 322 F.3d 1086, 1097, citing Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805.)

Though the contract clauses speak in absolute terms, courts have long held that they do not in fact prohibit all state action that results in the modification of a contract. (Lyon v. Flournoy (1969) 271 Cal.App.2d 774, 782.) Instead, under current U.S. Supreme Court precedent, whether a state law violates the Contracts Clause must be determined through a two-step test. The threshold question is whether the state law operates as a “substantial impairment of a contractual relationship.” (Energy Reserves Group v. Kansas Power & Light (1983 U.S. 400, 411.) If not, the state law does not violate the Contracts Clause. If so, then the state law may still be constitutional if it is drawn in an “appropriate” and “reasonable” way to advance “a significant and legitimate public purpose.” (Id. at 411.) In that case, the Court upheld a Kansas law that prohibited the price to be paid for natural gas under a contract from being increased because of prices set by federal authorities, in conflict with contracts that specified that the price would be increased if federal regulators fixed a higher price. Thus, the Contracts Clause does not prohibit interference with a contract in all circumstances; even a contract that does interfere with a contract may still be constitutional if the second two factors in the Energy Reserves Group are met.

In the case of this bill’s provisions, the provisions may well not be a substantial impairment of the contractual relationship, since it would only apply to the specific provision of the agreement that prohibits or restricts solar, and only to the extent that that agreement provision prohibits or restricts the resident’s installation or use of solar. If it was determined nonetheless that such a provision substantially impairs the contractual relationship, the bill would likely meet the second two prongs of the Contracts Clause test, because the bill’s provisions appropriately target mobilehome park rules only to the extent that they prohibit or restrict solar, and the state has a significant and legitimate public policy interest in protecting mobilehome residents’ rights and promoting green technologies that combat global warming.

6. SB 1190 will be enforced through the courts

Like all provisions of the MRL, as previously noted, the provisions of this bill would be enforceable by an aggrieved party through a civil cause of action. This means that, if a mobilehome park were to prohibit a mobilehome owner from installing or using solar, or were to engage in one of the prohibited actions under SB 1190, the mobilehome owner could sue the park in court to prevent it from being able to enforce its unlawful rule or engage in the act prohibited by this bill. They could also obtain damages, if an act or rule prohibited by this act resulted in actual damages for the mobilehome owner. Additionally, SB 1190 includes provisions requiring an entity that violated its provisions to pay a civil penalty to the applicant or other party in an amount of up to $1,000. In any action to enforce compliance with the provisions of this bill, the prevailing party is entitled to reasonable attorney’s fees. This means that, if a mobilehome owner prevails in a claim that a park violated the provisions of SB 1190, they could recover their attorney’s fees, but also that, if the plaintiff mobilehome owner fails to prove the park violated SB 1190’s prohibitions, the owner could be liable for the park’s attorney’s fees as well. Through these measures, an aggrieved mobilehome owner is provided an avenue for redress and enforcement.

7. Arguments in support

According to the Golden State Manufactured-Home Owners League, Inc., the sponsor of SB 1190:

Currently, the MRL is silent on access, installation, or the use of solar energy systems in mobilehome parks. This has caused inconsistent interpretations and allowed some park owners to block mobilehome residents from installing solar energy systems, which could offset monthly utility bills for residents who are on fixed or modest incomes.

SB 1190 would amend the existing Civil Code to ensure mobilehome homeowners or residents, not living in a master-metered park, are not prevented from installing and using solar energy systems. The bill would also prohibit mobilehome parks from charging any fee in connection with the installation or use of the solar energy system; require the use of a specific solar installation contractor or solar energy system or product; or claim or receive any rebate, credit or commission in connection with the installation or use of the solar energy system.

SUPPORT

Golden State Manufactured-Home Owners League, Inc. (sponsor)

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: AB 1132 (Friedman, Ch. 357, Stats. 2023) extends until January 1, 2034, the permit fees and limits on such fees that a city or county may charge for a residential or commercial solar energy system.

Prior Legislation:

AB 318 (Addis, Ch. 736, Stats. 2023) extended the Mobilehome Residency Law Protection Program administered by HCD until January 1, 2027, and made various changes to the requirements of eligible mobilehome resident complaints and the process for the referral of such complaints to appropriate legal services providers or enforcement agencies.

AB 3066 (Stone, Ch. 774, Stats. 2018) established the Mobilehome Residency Law Protection Act.

AB 3250 (Levine, Ch. 1154, Stats. 1978) enacted the Solar Rights Act of 1978, which established a homeowner’s right to install a solar energy system in a common interest development by limiting the ability of the homeowner’s association that governs the common interest development to prohibit such an installation.

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1. U.S. Census Bureau, 2021 American Community Survey 1-Year Estimates (2021), available at https://data.census.gov/. ↑

2. U.S. Census Bureau, Manufactured Housing Survey (Jun. 2022), available at https://www.census.gov/data/tables/time-series/econ/mhs/annual-data.html. ↑

3. Louise Bedsworth et al., California’s Fourth Climate Change Assessment: Statewide Summary Report (California Natural Resources Agency 2018) p. 23. ↑

4. Office of the Attorney General, Climate Change Impacts in California <https://oag.ca.gov/environment/impact#:~:text=Sea%20level%20rise%2C%20coastal%20flooding,the%20end%20of%20the%20century> (as of March 18, 2024). ↑

5. United States Environmental Protection Agency, Sources of Greenhouse Gas Emissions (Feb. 23, 2024), available at https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions#electricity. ↑

6. California Air Resources Board, 2022 Scoping Plan for Achieving Carbon Neutrality (Dec. 2022), Executive Summary p. 1, available at https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2022-scoping-plan-documents. ↑

7. See, Erwin Chemerinsky, Constitutional Law: Principles and Policies (5^th Ed., 2015) p. 657/ ↑