BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 944|
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UNFINISHED BUSINESS
Bill No: SB 944
Author: Committee on Transportation and Housing
Amended: 8/18/16
Vote: 27
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 4/5/16
AYES: Beall, Cannella, Allen, Bates, Galgiani, Leyva, McGuire,
Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Gaines
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/2/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SENATE FLOOR: 37-0, 5/12/16
AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León,
Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez,
Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva,
McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell,
Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski,
Wolk
NO VOTE RECORDED: Berryhill, Liu, Runner
ASSEMBLY FLOOR: 79-0, 8/22/16 - See last page for vote
SUBJECT: Housing omnibus
SOURCE: Author
DIGEST: This bill makes non-controversial changes to sections
of law relating to housing.
Assembly Amendments make technical and non-controversial
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Page 2
changes.
ANALYSIS: This bill makes the following non-controversial
changes to sections of law relating to housing. The proponent of
each provision is noted in brackets.
1) Clarification of non-profit role in mutual self-help
housing programs (Section 1). Ten local non-profit
community development organizations operate mutual self-help
homeownership programs in rural California. These are
programs that assist groups of low-income families who work
together to build their own homes. It is possible to
interpret the current code definition of a contractor to
include the work done by the self-help program operators,
though the State Contractor's License Board has said that
the programs would be considered exempt. This bill
clarifies that non-profits that specifically operate this
mutual self-help program are not acting as contractors.
[California Coalition for Rural Housing]
1) Mobile home disposal: Minor program changes (Sections 2, 3
and 19). AB 999 (Daly, Chapter 376, Statutes of 2015)
passed last year with no controversy. However, in the
implementation of the new mandate, the Department of Housing
and Community Development (HCD) and interested parties are
finding that the 10-day period given in the statute (Civil
Code Section 798.56(e)) is not enough time for management to
make a decision on whether to dispose of an abandoned mobile
home. As a result, this new program is not being used.
Additionally, HCD realized after AB 999 was passed that it
needed regulations to create the forms required by the new
law. This bill changes the time in which management must
file a notice of disposal with HCD from 10 days to 30 days
after the date of sale. The bill also gives HCD authority to
draft guidelines for new procedures and forms until final
regulations may be formally adopted. [Western Manufactured
Housing Communities Association]
2) Definition of "electric vehicle charging station" and
"charging stations": Correct code reference (Section 4).
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Page 3
Legislation passed in 2014 regulating lease terms on
electric vehicle charging stations included inconsistent
definitions of "electric vehicle charging station" and
"charging station." Civil Code Section 1947.6(c) references
the definition in the California Electrical Code, while
Civil Code Section 1952.7(c)(1) references the definition in
the National Electrical Code. The California Electrical
Code is based on the model National Electrical Code, but
contains amendments made by state agencies with statutory
authority. These amendments were not originally included in
the national model code. This bill corrects the discrepancy
by changing the definition in Section 1952.7 of the Civil
Code to refer to the California Electrical Code.
[Department of General Services]
3) Transitional Housing Misconduct Act: Move to Civil Code
(Sections 5 and 24). The Transitional Housing Misconduct
Act is a special law that allows transitional housing
operators to remove problematic residents with a simple
injunction action, rather than going through the entire
landlord-tenant eviction law. It also allows for interim
options, with court enforcement, rather than only eviction.
Unfortunately, because it is located in the middle of HCD's
finance program laws, it is difficult to find and often
isn't even understood by courts and housing providers. This
bill moves this law to the Civil Code that already deals
with landlord-tenant statutes, where the courts and housing
providers are more likely to look for such a law. [Senate
Transportation and Housing Committee]
4) Common interest developments (CIDs): Resolve conflicts
between code sections relating to declarations (Section 6).
There are conflicts between Civil Code Sections 4270 and
4225, 4230, and 4235 relating to amending declarations.
Section 4270 already makes an exception for an alternate
amendment process described in Section 4275. This bill
resolves the conflicts by adding exceptions for the
alternate processes in Sections 4225, 4230, and 4235 to the
existing exception in Section 4270. [Community Associations
Institute-California Legislative Action Committee
(CAI-CLAC)]
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Page 4
5) CIDs: Renumber a Civil Code section (Section 7). The
California Law Revision Commission (CLRC) revised the
numbering in the Davis-Stirling Act with the intent to avoid
decimals. Accordingly, the CLRC left ample room between
existing whole-numbered sections. Civil Code Section 4750
concerns personal agriculture, while Civil Code Section
4750.10 addresses clotheslines. Since clotheslines are not
particularly related to personal agriculture, this bill
replaces the statute number containing a decimal with a
whole number. [CAI-CLAC]
6) CIDs: Correct a Civil Code section reference (Section 8).
Civil Code Section 5570(b)(2) defines the term "major
component" to have the same meaning as specified in Civil
Code Section 55530. There is no Civil Code Section 55530.
The reference is intended to be to Civil Code Section 5550,
which does define the term. This bill corrects the
inaccurate Civil Code section reference. [CAI-CLAC]
7) Housing discrimination: Update federal law citation
(Section 9). In 1996, an amendment to Civil Code Section
798.76 was made to reflect amendments to a federal law
referenced therein, the Federal Fair Housing Act. A
corresponding change was not made in Government Code Section
12955.9, which cites the same federal law. This bill
corrects the name of the federal law to reflect amendments
thereto. [Western Manufactured Housing Communities
Association]
2) Eliminate conflicting methodology for HCD determination of
regional housing need (Section 10). The second and third
sentences of Section 65584.01(b) below reference two
different criteria that can result in conflicting
calculations for whether HCD must accept the population
forecast of a council of government (COG) in place of the
population forecast of Department of Finance (DOF). Both
criteria apply whether the COG forecast is within a range of
3% of DOF's determination. The first criterion compares COG
and DOF "total" population. The second criterion compares
change and difference in population "growth" between COG and
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DOF total population. For example, SCAG, during the current
5th 2013-2023 housing cycle, only met the first criterion,
which the HCD allowed and prefers. In late 2015, HCD and
local government and housing advocate members of the Housing
Element Advisory Group agreed that the second criterion is
redundant. This bill removes the term "growth," used twice
in the third sentence, to resolve the issue. [Senate
Transportation and Housing Committee]
8) State notice law protections: Clarify reference (Section
11). The state notice law (Government Code Section
65863.10) applies to a variety of publicly supported
affordable multifamily housing types. SB 1328 (Torlakson,
Chapter 110, Statutes of 2004) extended state notice
protections to tenants of many types of affordable housing
not previously covered. Among them were properties with
expiring rent restrictions that were financed under
tax-exempt mortgage revenue bond programs in Internal
Revenue Code Section 142(d) and Government Code Section
65863.10(a)(3)(F). Prior to 1986, however, the mortgage
revenue bond authority in Internal Revenue Code Section
142(d) was lodged in a different code section.
Consequently, the specific reference to Section 142
potentially denies basic state notice protections to tenants
in properties that were financed with mortgage revenue bonds
prior to 1986. This bill clarifies that these protections
apply to properties financed by the program in Internal
Revenue Code Section 142 as well as corresponding sections
in the prior code. [Housing Advocates]
9) Referencing International Codes (Section 12). Subdivision
(a) of California Health and Safety Code Section 17913
refers to "the uniform codes" as the model codes in
California. However, there are other model codes related to
residential construction in California (International Codes
published by the International Code Council) that need to be
referenced. The amendment to subdivision (a) updates the
reference to the codes currently adopted in California.
[Senate Transportation and Housing Committee]
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Page 6
3) Remove outdated building code requirements (Section 13).
California Health and Safety Code Section 17921.3 contains
requirements for water closets and urinals. This section,
by its terms, remains operative only until January 1, 2014,
or until the date on which the California Building Standards
Commission (CBSC) included standards in the California
Building Standards Code that conform to this section,
whichever is later. Mandatory provisions for
water-efficient plumbing fixtures and plumbing fittings were
adopted in the 2013 California Green Building Code
(CALGreen) and in the 2013 California Plumbing Code. This
bill repeals Section 17921.3 because there is no need for it
to remain operative. [Senate Transportation and Housing
Committee]
4) Remove outdated provisions (Section 14). California
Health and Safety Code Section 17921.9 contains provisions
for CPVC plastic piping and safe work practices. This
section became inoperative on January 1, 1998, by its own
terms. This bill removes Section 17921.9 because there is
no need for it to remain in the code. [Senate
Transportation and Housing Committee]
5) Replace outdated code references (Section 15). California
Health and Safety Code Section 17922 contains provisions
related to the California Building Standards and other rules
and regulations adopted by HCD, and refers to "the uniform
model codes." However, some of these uniform model codes
are no longer adopted in California. This bill updates the
language to refer to the current model codes. [Senate
Transportation and Housing Committee]
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Page 7
6) Deletes a citation to an outdated building code reference
(Section 16). California Health and Safety Code Section
17922.3 contains provisions governing moved residential
structures. The language in this section refers to the 1991
Uniform Building Code (UBC) for the requirements for
existing buildings, including moved buildings. The UBC is
no longer a model code in California; the requirements for
existing buildings in California are now in the California
Existing Building Code (2015 International Existing Building
Code is the model code). This bill deletes that citation
because there is no need for a reference to a code not
adopted in California. [Senate Transportation and Housing
Committee]
7) Deletes a citation to an outdated building code reference
(Section 17). California Health and Safety Code Section
17958.1 refers to the "Uniform Building Code" for the
meaning of the term "efficiency unit." However, the Uniform
Building Code is no longer a model code in California; the
definition of "efficiency unit" and the section containing
the requirements for efficiency units are located in the
California Building Code. This proposal deletes that
citation because there is no need for a reference to a code
not adopted in California. [Senate Transportation and
Housing Committee]
8) Corrects a spelling error (Section 18). California Health
and Safety Code Section 17959.1 (a) requires cities or
counties to administratively approve applications to install
solar energy systems. This bill corrects a spelling error
in that section. [Senate Transportation and Housing
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Page 8
Committee]
10) CBSC submittals to the Office of Administrative Law (OAL)
(Section 20). Government Code Section 11356 exempts
building standard regulations, including the Initial
Statement of Reasons, from OAL review and approval. When
the CBSC approves an Initial Statement of Reasons and a
Notice of Proposed Action (Notice), only the Notice is
published by OAL pursuant to Government Code Section
11344.1. However, Health and Safety Code Section 18935(a)
requires CBSC to submit both the Initial Statement of
Reasons and the Notice to OAL. This bill eliminates an
unnecessary requirement to achieve consistency with existing
law. [Department of General Services]
9) Replace outdated code references (Section 21). California
Health and Safety Code Section 19990 contains provisions
related to the California Building Standards and other rules
and regulations adopted by HCD, and refers to specific
"uniform model codes." However, some of these uniform model
codes are no longer adopted in California. This bill
updates the language and refers to the model codes currently
adopted in California. [Senate Transportation and Housing
Committee]
11) Tribally designated housing entities (Sections 22 and 23).
State Health and Safety Code Section 50074 describes the
types of housing sponsors that are eligible to participate
in housing programs administered by HCD. The federal Native
American Housing Assistance Self Determination Act of 1996
establishes a specific category of housing sponsor, the
"tribally designated housing entity," that is neither
enumerated in Section 50074 or defined in existing language.
As such, tribes have never participated in HCD's programs.
This bill defines "tribally designated housing entity" by
reference to federal code and specifies that tribally
designated housing entities are housing sponsors eligible
for assistance from HCD. [Northern Circle Indian Housing
Authority]
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Page 9
12) Mobilehome Park Rehabilitation and Resident Ownership
Program (MPRROP): Clarify intent (Section 25). AB 225 (Chau
and Nestande, Chapter 493, Statutes of 2014) gave HCD
greater flexibility to administer the MPRROP. The bill
allowed recipients of program funds (e.g., resident
organizations, local public entities, nonprofit sponsors) to
make loans to lower-income mobilehome owners to assist them
in repairing their mobilehomes. The bill was intended to
allow HCD to operate this program in a manner similar to the
CalHOME program, such as by providing loans to residents to
replace their mobilehomes. This bill further clarifies the
intent of legislation. [Assembly Housing and Community
Development Committee]
13) Emergency Homeless Assistance Program (EHAP) Fund Sweep
(Section 26). There is approximately $1.1 million in
disencumbered funds from the EHAP - Capital Development
(EHAP-CD) program in the EHAP Fund. In 2013, AB 873 (Chau,
Chapter 488) provided for a one-time sweep of bond funds
from EHAP-CD to Multi-family Housing Program - Supportive
Housing (MHP-SH). HCD transferred $9,942,459 to MHP-SH on
June 9, 2015. Since that time, there has been an additional
disencumbrance of $1.1 million. This bill sweeps any unused
Proposition 46 or Proposition 1C funds from the EHAP Fund to
be used for MHP-SH. [Assembly Housing and Community
Development Committee]
Background
According to the Legislative Analyst's Office, the cost of
producing a bill in 2001-2002 was $17,890. By combining
multiple matters into one bill, the Legislature can make minor
changes to law in the most cost-effective manner.
Proposals included in this housing omnibus bill must abide by
the Senate Transportation and Housing Committee policy on
omnibus committee bills. The proponent of an item submits
proposed language and provides background materials to the
committee. Committee staff provides a summary of the items and
the proposed statutory changes to all majority and minority
consultants in both the Senate and Assembly, as well as all
known or presumed interested parties. If an item encounters any
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Page 10
opposition and the proponent cannot work out a solution with the
opposition, the item is omitted from or amended out of the bill.
Proposals in the bill must reflect a consensus and be without
opposition from legislative members, agencies, and other
stakeholders.
Comments
The purpose of omnibus bills is to combine 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 a cost-effective manner. The
Senate Committee on Transportation and Housing insists that its
housing omnibus bill be a consensus measure. If there is no
consensus on a particular item, it cannot be included. There is
no known opposition to any item in this bill.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee, this bill
may incur unknown cost pressures related to the expansion of
allowable uses for MPRROP funds (Section 25). Authorizing loans
for replacement of a low-income homeowner's mobilehome is not
likely to have a significant impact on available funding,
however. Additionally, revising MPRROP regulations to provide
for mobilehome replacement loans may result in minor costs to
HCD.
SUPPORT: (Verified8/22/16)
California Coalition for Rural Housing
Mammoth Lakes Housing
Peoples' Self-Help Housing
Redwood Valley Little River Band of Pomo Indians
United Native Housing Development Corporation
OPPOSITION: (Verified8/22/16)
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Page 11
None received
ASSEMBLY FLOOR: 79-0, 8/22/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Melendez
Prepared by:Sarah Carvill / T. & H. / (916) 651-4121
8/22/16 22:15:44
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