BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 745
Author: Senate Transportation and Housing Committee
Amended: 8/5/13
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/23/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE FLOOR : 35-0, 5/2/13 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, De Le�n, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla,
Pavley, Price, Roth, Steinberg, Wright, Wyland, Yee
NO VOTE RECORDED: Correa, Walters, Wolk, Vacancy, Vacancy
ASSEMBLY FLOOR : 77-0, 8/8/13 (Consent) - See last page for vote
SUBJECT : Housing omnibus bill
SOURCE : Author
DIGEST : This bill makes technical and non-controversial
changes to sections of law relating to housing.
Assembly Amendments (1) remove cross references in Government
Code Section 65822 to the definitions of "supportive housing"
and "transitional housing" in the statues governing the
Multifamily Housing Program (MHP) and replaces them with the
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current definition that was applicable at the time that SB 2
(Cedillo, Chapter 633, Statues of 2007) passed; (2) correct the
term "commercial residential real property" to instead read
"commercial real property," the term that is defined and used
throughout the rest of the relevant Article, in the section of
the law that requires the retrofitting of existing toilets,
urinals, shower fixtures, and faucets with water conserving
plumbing fixtures on certain dates depending on the type of
structure; (3) make numerous additional clean-up changes to the
recodified Davis-Sterling Common Interest Development Act
(Davis-Stirling Act); and (4) add double-jointing language with
SB 752 (Roth).
ANALYSIS : This bill includes the following provisions.
1. Corrects the term "commercial residential real property" to
instead read "commercial real property," the term that is
defined and used throughout the rest of the relevant Article,
in the section of the law that requires the retrofitting of
existing toilets, urinals, shower fixtures, and faucets with
water conserving plumbing fixtures on certain dates depending
on the type of structure.
2. Makes various clean-up changes related to AB 805 and AB 806
(Torres, Chapters 180 and 181, Statutes of 2012) which
reorganized and recodified the Davis-Stirling Act. This bill
addresses chaptering issues, corrects an erroneous
cross-reference, and restores two sections that were
inadvertently omitted from the recodified Davis-Stirling Act.
3. Removes an outdated reference to the National Electrical Code
it a section of law relating to telephone wiring and replaces
it with a reference to the California Electrical Code, which
is the applicable code in California.
4. Adds the currently required notice of rental restrictions to
a form that lists all the documents that an owner in a common
interest development who wishes to sell his/her unit must
provide to the buyer.
5. Removes cross-references in Government Code Section 65822,
which is often referred to as the SB 2 requirements, to the
definitions of "supportive housing" and "transitional
housing" in the statutes governing the MHP and replaces them
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with the current definition of transitional housing and the
definition of supportive housing that was applicable at the
time that SB 2 (Cedillo, Chapter 633, Statutes of 2007)
passed.
6. Repeals an obsolete section of law that provides that
communities that self-certified their housing elements under
a now-expired pilot program are fully eligible to participate
in any program funded through the Housing and Emergency
Shelter Trust Fund Act of 2002 (Proposition 46) that requires
the community to have a housing element that the Department
of Housing and Community Development (HCD) has found
substantially complies with the requirements of the law.
7. Repeals the section of the law that 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. The pilot program ended in
2010 and the authorizing statute sunset in 2011.
8. Makes a variety of clean-up changes based on input from the
State Fire Marshall related to SB 1394 (Lowenthal, Chapter
420, Statutes of 2012), which made a variety of changes to
the law with respect to requirements around smoke alarm and
carbon monoxide detectors. This bill removes the end-of-life
feature requirement on all smoke alarms; extends until
January 1, 2015, the requirements for all smoke alarms to
display the date of manufacture, provide a place on the
device where the date of installation can be written, and
incorporate a hush feature; extends until July 1, 2014, the
compliance date by which battery-operated smoke alarms must
contain a nonreplaceable, nonremovable battery that is
capable of powering the smoke alarm for at least 10 years;
allows suppliers to sell battery-operated smoke alarms
without 10-year batteries if they were on order or in
inventory before July 1, 2015; and authorizes the State Fire
Marshall to adopt exceptions through its regulatory process.
9. Updates a mistaken cross-reference in the statutes governing
the supportive housing component of the HCD's MHP.
10. Contains double-jointing language with SB 752 (Roth).
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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 insist
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
ASSEMBLY FLOOR : 77-0, 8/8/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Conway, Cooley, Dahle, Daly,
Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove,
Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Ch�vez, Vacancy, Vacancy
JJA:d 8/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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