BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 745|
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CONSENT
Bill No: SB 745
Author: Senate Transportation and Housing Committee
Amended: 4/15/13
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/23/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SUBJECT : Housing omnibus bill
SOURCE : Author
DIGEST : This bill makes technical and non-controversial
changes to sections of law relating to housing.
ANALYSIS : This bill includes the following provisions. The
proposer of each provision is noted in brackets.
1. AB 805 and AB 806 chaptering and clean-up changes . [Sections
1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13] AB 805 (Torres,
Chapter 180, Statutes of 2012) and AB 806 (Torres, Chapter
181, Statutes of 2012) reorganizes and recodifies the
Davis-Stirling Common Interest Development Act. The bills
repealed the former statute and replaced it with a new
statute that will become operative on January 1, 2014.
This bill addresses chaptering issues, corrects an erroneous
cross-reference, and restores two sections that were
inadvertently omitted from the recodified Davis-Stirling Act.
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2. Updating a building code reference . [Section 4] California
now adopts all building code standards in a consistent
format: state entities use national model codes as a
baseline, then propose amendments and adopt a California
Building Code, which includes various subparts, such as the
California Electrical Code. State law relating to telephone
wiring, however, continues to refer to a specific national
model code, which creates a conflict with the California
Building Code. This results in property owners and
electricians not knowing which code apply.
This bill updates the reference to the California Electrical
Code.
3. Updating a CID disclosure list . [Section 11] Existing law
requires a common interest development, upon request, to
furnish an owner who wishes to sell his/her unit with various
documents that the seller must provide to the buyer. The
statute includes a form listing all the various documents
that the CID must provide.
This bill corrects an omission by adding to the form the
currently required notice of rental restrictions.
4. Repeal of an obsolete section . [Section 14] Legislation
adopted in 1995 established a pilot program that allowed
communities in San Diego County to self-certify their housing
elements if they had met or exceeded locally generated
affordable housing goals from the previous housing element
cycle. This pilot program ended in 2010 and the authorizing
statute sunset in 2011. Related legislation in 2002
stipulated that communities that had self-certified their
housing element under the pilot program were fully eligible
to participate in any program funded through the Housing and
Emergency Shelter Trust Fund Act of 2002 (Proposition 46)
that requires a housing element approved by the Department of
Housing and Community Development (HCD). This provision was
put into a different section of law that had no sunset date.
The pilot program to which it refers no longer exists, and
HCD has awarded all Proposition 46 funds.
This section is now obsolete. This bill repeals this
obsolete section.
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5. SB 1394 clean-up language . [Section 15] SB 1394 (Lowenthal,
Chapter 420, Statutes of 2012) includes provisions that
require a smoke alarm, by January 1, 2014, to display the
date of manufacture on the device, provide a place on the
device where the date of installation can be written,
incorporate a hush feature, incorporate an end-of-life
feature that provides notice that the device needs to be
replaced, and, if battery operated, contain a
non-replaceable, non-removable battery that is capable of
powering the smoke alarm for a minimum of 10 years. The
State Fire Marshal's office has identified that the necessary
testing protocols for the requirement for an end-of-life
feature is not developed and that it would take at least
three years to go through the approval process. The State
Fire Marshal has recommended that SB 1394 be modified to
remove the end-of-life feature requirement on all smoke
alarms and extend the compliance date to July 1, 2015, for
smoke alarm manufacturers to have their products tested to
comply with the law.
This bill implements those recommendations.
Comments
The purpose of omnibus bills is to include technical and
non-controversial changes to various committee-related statutes
into one bill. This allows the Legislature to make multiple,
minor changes to statutes in one bill in a cost-effective
manner. The Senate Transportation and Housing Committee insists
that its housing omnibus bill be a consensus measure. If there
is no consensus on a particular item, it cannot be included.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
JJA:d 4/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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