BILL NUMBER: AB 1830 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012
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 amended, 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
subject the mobilehome park to the jurisdiction of the commission
if, during any 12-month period, current or former tenants
constituting a prescribed threshold of the mobilehome park's tenant
water meters complain provide that if a complaint is
filed with the commission by tenants of the mobilehome park that
represent 10% or more of the park' s water service
connections during any 12-month period, claiming that the water rates
charged by the park are not just and reasonable or that the service
is inadequate, the commission has jurisdiction to determine the
merits of the complaint and would require the commission to determine
whether the rates charged are just and reasonable and whether the
water service provided is adequate. The bill would provide that for
any complaint filed after December 31, 2012, if the commission finds,
after investigation, that the mobilehome park is charging water
rates that are unjust or unreasonable, the commission would be
required to order the mobilehome park to reimburse the complainants
and any other current and former tenants affected by the rate, if no
discrimination will result from the reimbursement .
The bill would require a mobilehome park to provide written notice to
each of the mobilehome park's tenants to inform those tenants of
their right to , and how to, file a complaint with the
commission about the water rates charged or the service provided by
the mobilehome park , as prescribed using a
standard notification prepared by the commission . Because a
violation of an order or decision of the commission is a crime, this
bill would impose a state-mandated local program by 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. This act shall be known, and may be
cited, as the Lucas D. Hernández Mobilehome Park Resident Protection
Act.
SECTION 1. SEC. 2. Section 2705.6 of
the Public Utilities Code is amended to read:
2705.6. (a) (1) 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, during any
12-month period, a numerical threshold of persons totaling no less
than 10 percent of the mobilehome park's tenant water meters
complains about the water rates charged or service provided by the
mobilehome park, the commission if a complaint is
filed with the commission by tenants of the mobilehome park that
represent 10 percent or more of the park's water service connections
during any 12-month period, claiming that the water rates charged by
the park are not just and reasonable or that the service is
inadequate, the commission shall have jurisdiction to determine the
merits of the complaint and shall determine, based on all the
facts and circumstances, whether the rates charged are just and
reasonable and whether the service provided is adequate.
(2) The numerical threshold of persons may include former or
current tenants, or both.
(3) A person shall not file a complaint against a mobilehome park
pursuant to paragraph (1) if that person has not resided in that
mobilehome park within the last five years.
(b) Complaints filed pursuant to subdivision (a) are subject to
this code and to the Rules of Practice and Procedure of the
commission governing complaints and commission investigations.
(c) (1) A mobilehome park, as described in subdivision (a), shall
provide written notice to each of the mobilehome park's tenants to
inform those tenants of their right to , and how to, file a
complaint with the commission about the water rates charged or the
service provided by the mobilehome park. With respect to the notice,
the mobilehome park shall do all of the following:
(A) Provide the notice to new tenants at the time the tenants
establish residence within the mobilehome park.
(B) Provide the notice to tenants each time the mobilehome park
changes water rates or service.
(2) (A) Notwithstanding any other law, the notice provided by a
mobilehome park pursuant to paragraph (1) shall be written in
English, the languages set forth in subdivision (b) of Section 1632
of the Civil Code, and the language or languages of primary
communication with the residents receiving the notice.
(B) The notice shall read as follows:
As required by law pursuant to Section 2705.6 of the Public
Utilities Code, this notice is to inform tenants that, if you have
reason to believe the mobilehome park in which you reside is charging
you "unjust" or "unreasonable" water rates, the Public Utility
Commission's Public Advisor is available to assist you with filing a
complaint. You can reach the Public Advisor via telephone:
866-849-8390, 415-703-2074, TTY 866-836-7825; or email:
public.advisor@cpuc.ca.gov, or postal service: CPUC Public Advisor,
505 Van Ness Avenue, Room 2103, San Francisco, CA 94102.
Como es requerido por la ley bajo la Sección 2705.6 del Public
Utilities Code, esta notificación es para informar a los inquilinos
que si existe razón para pensar que donde usted reside se le está
cobrando tarifas de agua "injusta" o "irrazonables," el Asesor
Público de la Public Utilities Commission esta disponsible para
asistirle con el legajo de su queja. Usted puede comunicarse con el
Asesor Público por teléfono a los siguients numeros: 866-849-8390,
415-703-2074, o TTY 866-836-7825; o correo electrónico:
public.advisor@cpuc.ca.gov; o por correspondencia: CPUC Public
Advisor, 505 Van Ness Avenue, Room 2103, San Francisco, CA 94102.
(B) The commission shall prepare and make available on its
Internet Web site an approved notice in English and the languages set
forth in subdivision (b) of Section 1632 of the Civil Code. In
providing notice pursuant to paragraph (1), a mobilehome park shall
use the then-current language made available by the commission
pursuant to this subparagraph.
(3) A mobilehome park that fails to provide the notice required by
this section subdivision shall be
subject to the penalties established in Section 2111.
(d) 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.
(e) If the commission finds, after investigation, that the
mobilehome park has charged an unjust or unreasonable rate in
violation of this section subsequent to December 31, 2012, the
commission shall order the mobilehome park to reimburse the
complainant complainants 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.
(f) The public adviser advisor
created pursuant to Section 321 and necessary staff of the commission
shall assist the complainant complainants
.
SEC. 2. SEC. 3. 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.