BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 745| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 León, 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 CONTINUED SB 745 Page 2 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 CONTINUED SB 745 Page 3 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). CONTINUED SB 745 Page 4 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 Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Chávez, Vacancy, Vacancy JJA:d 8/12/13 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED