BILL NUMBER: SB 951	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 4, 2010

   An act to amend Sections 18400.1, 18400.3, 18424, and 18502 of the
Health and Safety Code, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 951, as introduced, Correa. Mobilehome Parks Act.
   (1) The Mobilehome Parks Act requires the Department of Housing
and Community Development or a city, county, or city and county that
assumes responsibility for the enforcement of the act to enter and
inspect mobilehome parks with a goal of inspecting at least 5% of the
parks each year to ensure enforcement of the act and implementing
regulations. Existing law also requires an enforcement agency to
issue notice to correct a violation, as specified. Existing law
repeals these provisions on January 1, 2012.
   This bill would extend the repeal of these provisions to January
1, 2017.
   (2) Existing law requires the department to convene a task force
of prescribed membership every six months to provide input to the
department on the conduct and operation of the mobilehome park
maintenance inspection program. Existing law also requires the
department to submit a report to the task force semiannually that
includes specified elements of the inspection program.
   This bill would require that the department submit the report in
writing and that the report include additional elements of
information, as prescribed.
   (3) The Mobilehome Parks Act imposes prescribed fees, including,
among others, a fee of $4 per lot to be used exclusively for the
inspection of mobilehome parks and mobilehomes to determine
compliance with the Mobilehome Parks Act. Existing law repeals the $4
fee per lot on January 1, 2012.
   This bill would extend the January 1, 2012, repeal date to January
1, 2017, thereby extending the imposition of the $4 fee per lot
until that date.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18400.1 of the Health and Safety Code is
amended to read:
   18400.1.  (a) In accordance with subdivision (b), the enforcement
agency shall enter and inspect mobilehome parks, as required under
this part, with a goal of inspecting at least 5 percent of the parks
per year, to ensure enforcement of this part and the regulations
adopted pursuant to this part. The enforcement agency's inspection
shall include an inspection of the exterior portions of individual
manufactured homes and mobilehomes in each park inspected. Any
notices of violation of this part shall be issued pursuant to Chapter
3.5 (commencing with Section 18420).
   (b) In developing its mobilehome park maintenance inspection
program, the enforcement agency shall inspect the mobilehome parks
that the enforcement agency determines have complaints that have been
made to the enforcement agency regarding serious health and safety
violations in the park. A single complaint of a serious health and
safety violation shall not automatically trigger an inspection of the
entire park unless upon investigation of that single complaint the
enforcement agency determines that there is a violation and that an
inspection of the entire park is necessary.
   (c) This part does not allow the enforcement agency to issue a
notice for a violation of existing laws or regulations that were not
violations of the laws or regulations at the time the mobilehome park
received its original permit to operate, or the standards governing
any subsequent permit to construct, or at the time the manufactured
home or mobilehome received its original installation permit, unless
the enforcement agency determines that a condition of the park,
manufactured home, or mobilehome endangers the life, limb, health, or
safety of the public or occupants thereof.
   (d) Not less than 30 days prior to the inspection of a mobilehome
park under this section, the enforcement agency shall provide
individual written notice of the inspection to the registered owners
of the manufactured homes or mobilehomes, with a copy of the notice
to the occupants thereof, if different than the registered owners,
and to the owner or operator of the mobilehome park and the
responsible person, as defined in Section 18603.
   (e) At the sole discretion of the enforcement agency's inspector,
a representative of either the park operator or the mobilehome owners
may accompany the inspector during the inspection if that request is
made to the enforcement agency or the inspector requests a
representative to accompany him or her. If either party requests
permission to accompany the inspector or is requested by the
inspector to accompany him or her, the other party shall also be
given the opportunity, with reasonable notice, to accompany the
inspector. Only one representative of the park owner and one
representative of the mobilehome owners in the park may accompany the
inspector at any one time during the inspection. If more than one
representative of the mobilehome owners in the park requests
permission to accompany the inspector, the enforcement agency may
adopt procedures for choosing that representative.
   (f) The enforcement agency shall coordinate a preinspection
orientation for mobilehome owners and mobilehome park operators with
the use of an audiovisual presentation furnished by the department to
affected local enforcement agencies. Enforcement agencies shall
furnish the audiovisual presentation to park operators and mobilehome
owner representatives in each park subject to inspection not less
than 30 days prior to the inspection. Additionally, it is the
Legislature's intent that the department shall, where practicable,
conduct live presentations, forums, and outreach programs throughout
the state to orient mobilehome owners and park operators on the
mobilehome park maintenance inspection program and their rights and
obligations under the program.
   (g) This section shall remain in effect only until January 1,
 2012   2017  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2017  , deletes or
extends that date.
  SEC. 2.  Section 18400.3 of the Health and Safety Code is amended
to read:
   18400.3.  (a) The department shall convene a task force of
representatives of mobilehome owners, mobilehome park operators,
local enforcement agencies that conduct mobilehome park inspections,
and the Legislature, every six months, to provide input to the
department on the conduct and operation of the mobilehome park
maintenance inspection program, including, but not limited to,
frequency of inspection, program information, and recommendations for
program changes. The department shall submit a  written 
report to the task force semiannually that shall include, but not be
limited to, all of the following:
   (1) The amount of fees collected and expended for the inspection
program.
   (2) The number of parks and spaces that were inspected.
   (3) The number of violations  identified and progress on
correcting those violations   issued to mobilehome
owners  . 
   (4) The number of violations issued to mobilehome park owners.
 
   (5) The number of violations reported pursuant to paragraphs (3)
and (4) that have been corrected, the number of violations that
remain uncorrected at the end of the reporting period, and the
progress in correcting the uncorrected violations.  
   (4) 
    (6)  The most common park violations and the most common
homeowner violations. 
   (7) Recommendations for statutory or administrative changes to the
program. 
   (b) The Senate Committee on Rules and the Assembly Committee on
Rules shall each designate a member of its respective house to be a
member of the task force. Each legislative member of the task force
may designate an alternate to represent him or her at task force
meetings.
   (c) With the input of the task force, the department may
reorganize violations under this part and the regulations adopted
pursuant to this part into the following two categories:
   (1) Those constituting imminent hazards representing an immediate
risk to life, health, and safety and requiring immediate correction.
   (2) Those constituting unreasonable risk to life, health, or
safety and requiring correction within 60 days.
   (d) Any matter that would have constituted a violation prior to
January 1, 2000, that is not categorized in accordance with
subdivision (c) on or after January 1, 2000, shall be of a minor or
technical nature and shall not be subject to citation or notation on
the record of an inspection conducted on or after January 1, 2000.
  SEC. 3.  Section 18424 of the Health and Safety Code is amended to
read:
   18424.  This chapter shall remain in effect only until January 1
 2012   , 2017  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2017  , deletes or
extends that date.
  SEC. 4.  Section 18502 of the Health and Safety Code, as amended by
Section 8 of Chapter 341 of the Statutes of 2009, is amended to
read:
   18502.  Fees as applicable shall be submitted for permits, as
follows:
   (a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.

   (b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
   (c) (1) An annual operating permit fee of one hundred forty
dollars ($140) and an additional seven dollars ($7) per lot.
   (2) An additional annual fee of four dollars ($4) per lot shall be
paid to the department or the local enforcement agency, as
appropriate, at the time of payment of the annual operating fee. All
revenues derived from this fee shall be used exclusively for the
inspection of mobilehome parks and mobilehomes to determine
compliance with the Mobilehome Parks Act (Part 2.1 (commencing with
Section 18200)) and any regulations adopted pursuant to the act.
   (3) The Legislature hereby finds and declares that the health and
safety of mobilehome park occupants are matters of public interest
and concern and that the fee paid pursuant to paragraph (2) shall be
used exclusively for the inspection of mobilehome parks and
mobilehomes to ensure that the living conditions of mobilehome park
occupants meet the health and safety standards of this part and the
regulations adopted pursuant thereto. Therefore, notwithstanding any
other law or local ordinance, rule, regulation, or initiative measure
to the contrary, the holder of the permit to operate the mobilehome
park shall be entitled to directly charge one-half of the per lot
additional annual fee specified herein to each homeowner, as defined
in Section 798.9 of the Civil Code. In that event, the holder of the
permit to operate the mobilehome park shall be entitled to directly
charge each homeowner for one-half of the per lot additional annual
fee at the next billing for the rent and other charges immediately
following the payment of the additional fee to the department or
local enforcement agency.
   (d) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (e) Duplicate permit fee or amended permit fee of ten dollars
($10).
   (f) This section shall remain in effect only until January 1,
 2012   2017  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2012   2017  , deletes or
extends that date.
  SEC. 5.  Section 18502 of the Health and Safety Code is amended to
read:
   18502.  Fees as applicable shall be submitted for permits, as
follows:
   (a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.

   (b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
   (c) An annual operating permit fee of one hundred forty dollars
($140) and an additional seven dollars ($7) per lot.
   (d) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (e) Duplicate permit fee or amended permit fee of ten dollars
($10).
   (f) This section shall become operative on January 1, 
2012   2017  .