BILL NUMBER: AB 1830	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 22, 2012

   An act to amend Section 2705.6 of the Public Utilities Code,
relating to mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1830, as introduced, V. Manuel Pérez. Water service: mobilehome
parks.
   Existing law authorizes the Public Utilities Commission to
regulate public utilities, including water corporations. Under
existing law, a mobilehome park that provides water service only to
its tenants from water supplies and facilities that it owns, not
otherwise dedicated to public service, is not a water corporation,
but that mobilehome park is subject to the jurisdiction of the
commission to the extent that, if a tenant complains about the water
rates charged or service provided by the mobilehome park, the
commission is authorized to determine whether the rates charged are
just and reasonable and whether the service provided is adequate.
Existing law authorizes the commission to afford rate relief or to
order the mobilehome park to improve its water supply, facilities,
and services on those terms that it finds just and reasonable, or
both.
   This bill would authorize the commission, if it finds, after
investigation, that the mobilehome park has charged an unjust or
unreasonable rate in violation of existing law, to order the
mobilehome park to reimburse the complainant and any other current
and former tenants affected by the rate, calculated as prescribed, if
no discrimination will result from the reimbursement. The bill would
specify that a current or former tenant may complain. Because a
violation of an order or decision of the commission is a crime, this
bill would impose a state-mandated local program creating a new
crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 2705.6 of the Public Utilities Code is amended
to read:
   2705.6.  (a) A mobilehome park that provides water service only to
its tenants from water supplies and facilities that it owns, not
otherwise dedicated to public service, is not a water corporation.
However, that mobilehome park is subject to the jurisdiction of the
commission to the extent that, if a  current or former 
tenant complains about the water rates charged or service provided by
the mobilehome park, the commission shall determine, based on all
the facts and circumstances, whether the rates charged are just and
reasonable and whether the service provided is adequate.
   (b) Complaints filed pursuant to subdivision (a) are subject to
the provisions of this code and to the Rules of Practice and
Procedure of the commission governing complaints and commission
investigations.
   (c) The commission may afford rate relief or may order the
mobilehome park to improve its water supply, facilities, and services
on those terms that it finds just and reasonable, or both. 
   (d) If the commission finds, after investigation, that the
mobilehome park has charged an unjust or unreasonable rate in
violation of this section, the commission shall order the mobilehome
park to reimburse the complainant and any other current and former
tenants affected by the rate, if no discrimination will result from
the reimbursement. Reimbursement shall be calculated from the first
date of collection of the unjust or unreasonable rate, with interest.
The commission shall not make an order for the payment of
reimbursement upon the ground of unjustness or unreasonableness if
the rate in question has been previously declared by formal finding
of the commission to be reasonable. The commission shall not
recognize the assignment of a reimbursement claim except assignments
by operation of law as in cases of death, insanity, bankruptcy,
receivership, or order of court.  
   (d) 
    (e)  The public adviser created pursuant to Section 321
and necessary staff of the commission shall assist the complainant.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.