BILL NUMBER: AB 379	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 13, 2013

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 14, 2013

   An act to amend Section 18551 of the Health and Safety Code,
relating to manufactured housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 379, as amended, Brown. Manufactured housing: removal.
   Existing law requires the installation of a manufactured home,
mobilehome, or commercial modular as a fixture or improvement to real
property to comply with specified provisions.  Existing law
requires an enforcement agency to record with the county recorder of
the county where real property is situated, on the same day that the
certificate of occupancy for a manufactured home, mobilehome, or
commercial modular is issued by the appropriate enforcement agency,
that the real property has been installed upon, and a document naming
the owner of the real property, describing the real property with
certainty, and stating that a manufactured home, mobilehome, or
commercial modular has been affixed to the real property by
installation on a foundation system, as specified.  
Existing  
   This bill would instead require that recordation to occur within 5
business days of the issuance of the certificate of occupancy. 

    Existing law provides that once installed on a
foundation system in compliance with these provisions,  it
  a manufactured home, mobilehome, or commercial modular
 shall be deemed a fixture and a real property improvement to
the real property to which it is affixed and physical removal of the
manufactured home, mobilehome, or commercial modular shall thereafter
be prohibited without the consent of all persons or entities who, at
the time of removal, have title to any estate or interest in the
real property to which it is affixed. Existing law also requires the
owner, at least 30 days prior to a legal removal of the manufactured
home, mobilehome, or commercial modular from the foundation system
and transportation away from the real property to which it was
formerly affixed, to notify the Department of Housing and Community
Development and the county assessor of the intended removal. 

   The bill would also make other technical, nonsubstantive changes.

   This bill would instead require the manufactured home, mobilehome,
or commercial modular owner to notify the department and the county
assessor of the intended removal at least 31 days prior to the
removal. 
   The bill would also make other technical, nonsubstantive changes.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 18551 of the Health and Safety Code is amended
to read:
   18551.  The department shall establish regulations for
manufactured home, mobilehome, and commercial modular foundation
systems that shall be applicable throughout the state. When
established, these regulations supersede any ordinance enacted by any
city, county, or city and county applicable to manufactured home,
mobilehome, and commercial modular foundation systems. The department
may approve alternate foundation systems to those provided by
regulation if the department is satisfied of equivalent performance.
The department shall document approval of alternate systems by its
stamp of approval on the plans and specifications for the alternate
foundation system. A manufactured home, mobilehome, or commercial
modular may be installed on a foundation system as either a fixture
or improvement to the real property, in accordance with subdivision
(a), or a manufactured home or mobilehome may be installed on a
foundation system as a chattel, in accordance with subdivision (b).
   (a)  Installation of   Notwithstanding any
other law, prior to  a manufactured home, mobilehome, or
commercial modular as   being deemed  a
fixture or improvement to the real property  , the installation
 shall comply with all of the following:
   (1) Prior to installation of a manufactured home, mobilehome, or
commercial modular on a foundation system, the manufactured home,
mobilehome, or commercial modular owner or a licensed contractor
shall obtain a building permit from the appropriate enforcement
agency. To obtain a permit, the owner or contractor shall provide the
following:
   (A) Written evidence acceptable to the enforcement agency that the
manufactured home, mobilehome, or commercial modular owner owns,
holds title to, or is purchasing the real property where the
mobilehome is to be installed on a foundation system. A lease held by
the manufactured home, mobilehome, or commercial modular owner, that
is transferable, for the exclusive use of the real property where
the manufactured home, mobilehome, or commercial modular is to be
installed, shall be deemed to comply with this paragraph if the lease
is for a term of 35 years or more, or if less than 35 years, for a
term mutually agreed upon by the lessor and lessee, and the term of
the lease is not revocable at the discretion of the lessor except for
cause, as described in subdivisions 2 to 5, inclusive, of Section
1161 of the Code of Civil Procedure.
   (B) Written evidence acceptable to the enforcement agency that the
registered owner owns the manufactured home, mobilehome, or
commercial modular free of any liens or encumbrances or, in the event
that the legal owner is not the registered owner, or liens and
encumbrances exist on the manufactured home, mobilehome, or
commercial modular, written evidence provided by the legal owner and
any lienors or encumbrancers that the legal owner, lienor, or
encumbrancer consents to the attachment of the manufactured home,
mobilehome, or commercial modular upon the discharge of any personal
lien, that may be conditioned upon the satisfaction by the registered
owner of the obligation secured by the lien.
   (C) Plans and specifications required by department regulations or
a department-approved alternate for the manufactured home,
mobilehome, or commercial modular foundation system.
   (D) The manufactured home, mobilehome, or commercial modular
manufacturer's installation instructions, or plans and specifications
signed by a California-licensed architect or engineer covering the
installation of an individual manufactured home, mobilehome, or
commercial modular in the absence of the manufactured home,
mobilehome, or commercial modular manufacturer's instructions.
   (E) Building permit fees established by ordinance or regulation of
the appropriate enforcement agency.
   (F) A fee payable to the department in the amount of eleven
dollars ($11) for each transportable section of the manufactured
home, mobilehome, or commercial modular, that shall be transmitted to
the department at the time the certificate of occupancy is issued
with a copy of the building permit and any other information
concerning the manufactured home, mobilehome, or commercial modular
that the department may prescribe on forms provided by the
department.
   (2) (A)  On the same day that   Within five
business days of the issuance of  the certificate of occupancy
for the manufactured home, mobilehome, or commercial modular 
is issued  by the appropriate enforcement agency, the
enforcement agency shall record with the county recorder of the
county where the real property is situated, that the manufactured
home, mobilehome, or commercial modular has been installed upon, 
and  a document naming the owner of the real property,
describing the real property with certainty, and stating that a
manufactured home, mobilehome, or commercial modular has been affixed
to that real property by installation on a foundation system
pursuant to this subdivision.
   (B) When recorded, the document referred to in subparagraph (A)
shall be indexed by the county recorder to the named owner and shall
be deemed to give constructive notice as to its contents to all
persons thereafter dealing with the real property.
   (C) Fees received by the department pursuant to subparagraph (F)
of paragraph (1) shall be deposited in the Mobilehome-Manufactured
Home Revolving Fund established under subdivision (a) of Section
18016.5.
   (3) The department shall adopt regulations providing for the
cancellation of registration of a manufactured home, mobilehome, or
commercial modular that is permanently attached to the ground on a
foundation system pursuant to subdivision (a). The regulations shall
provide for the surrender to the department of the certificate of
title and other indicia of registration. For the purposes of this
subdivision, permanent affixation to a foundation system shall be
deemed to have occurred on the day a certificate of occupancy is
issued to the manufactured home, mobilehome, or commercial modular
owner and the document referred to in subparagraph (A) of paragraph
(2) is recorded. Cancellation shall be effective as of that date and
the department shall enter the cancellation on its records upon
receipt of a copy of the certificate of occupancy. This subdivision
shall not be construed to affect the application of existing laws, or
the department's regulations or procedures with regard to the
cancellation of registration, except as to the requirement therefor
and the effective date thereof.
   (4) Once installed on a foundation system in compliance with this
subdivision, a manufactured home, mobilehome, or commercial modular
shall be deemed a fixture and a real property improvement to the real
property to which it is affixed. Physical removal of the
manufactured home, mobilehome, or commercial modular shall thereafter
be prohibited without the consent of all persons or entities who, at
the time of removal, have title to any estate or interest in the
real property to which the manufactured home, mobilehome, or
commercial modular is affixed.
   (5) For the purposes of this subdivision:
   (A) "Physical removal" shall include, without limitation, the
unattaching of the manufactured home, mobilehome, or commercial
modular from the foundation system, except for temporary purposes of
repair or improvement thereto.
   (B) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
   (6) At least 31 days prior to a legal removal of the manufactured
home, mobilehome, or commercial modular from the foundation system
and transportation away from the real property to which it was
formerly affixed, the manufactured home, mobilehome, or commercial
modular owner shall notify the department and the county assessor of
the intended removal of the manufactured home, mobilehome, or
commercial modular. The department shall require written evidence
that the necessary consents have been obtained pursuant to this
section and shall require application for either a transportation
permit or manufactured home, mobilehome, or commercial modular
registration, as the department may decide is appropriate to the
circumstances. Immediately upon removal, as defined in this section,
the manufactured home, mobilehome, or commercial modular shall be
deemed to have become personal property and subject to all laws
governing the same as applicable to a manufactured home, mobilehome,
or commercial modular.
   (b) The installation of a manufactured home or a mobilehome on a
foundation system as chattel shall be in accordance with Section
18613 and shall be deemed to meet or exceed the requirements of
Section 18613.4. This subdivision shall not be construed to affect
the application of sales and use or property taxes. No provisions of
this subdivision are intended, nor shall they be construed, to affect
the ownership interest of any owner of a manufactured home or
mobilehome.
   (c) Once installed on a foundation system, a manufactured home,
mobilehome, or commercial modular shall be subject to state-enforced
health and safety standards for manufactured homes, mobilehomes, or
commercial modulars enforced pursuant to Section 18020.
   (d) No local agency shall require that any manufactured home,
mobilehome, or commercial modular currently on private property be
placed on a foundation system.
   (e) No local agency shall require that any manufactured home or
mobilehome located in a mobilehome park be placed on a foundation
system.
   (f) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative, or
condominium for mobilehomes, that any manufactured home or mobilehome
located there be placed on a foundation system. This subdivision
shall only apply to the conversion of a rental mobilehome park that
has been operated as a rental mobilehome park for a minimum period of
five years.