BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 23
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     SB 23 (Padilla) - As Amended:  July 9, 2009 

          Policy Committee:                             Housing and  
          Community Development                         Vote: 6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires the owner or operator of a mobilehome park or  
          a special occupancy park to adopt and post an emergency  
          preparedness plan.  Specifically, the bill:

          1)Requires a plan be adopted and posted by September 10, 2010  
            that incorporates emergency procedures identical or comparable  
            to those compiled by the former Office of Emergency Services.

          2)Requires in parks with 50 more units that the park's  
            designated emergency contact person be familiar with any  
            emergency preparedness plans for the park.

          3)Specifies that a state or local enforcement agency shall  
            determine whether park management has complied with the bill's  
            requirements, and requires park management to correct a  
            violation within 60 days of receiving notice from the  
            enforcement agency.

           FISCAL EFFECT  

          The Department of Housing and Community Development indicates  
          that determinations of compliance with the new preparedness  
          requirements will be integrated into normal inspections, and  
          incremental costs related to this bill will be minor and  
          absorbable.

           COMMENTS  

           1)Background  . Under the Mobilehome Parks Act (MPA) and the  
            Special Occupancy Parks Act, the Department of Housing and  








                                                                  SB 23
                                                                  Page  2

            Community Development (HCD) regulates mobilehome parks and  
            recreational vehicle (RV) parks to assure protection of the  
            health, safety, and general welfare of all park residents.   
            HCD has adopted statewide regulations to enforce the MPA's  
            provisions.  Local agencies have the option of assuming  
            enforcement authority for the MPA within their jurisdictions  
            through agreement with HCD.  Enforcement agencies inspect  
            those parks that have a history of health and safety code  
            violations or about which the agency receives a complaint  
            regarding a potential health or safety code violation.

            Existing law permits, but does not require, mobilehome park  
            management to adopt an emergency preparedness plan for the  
            park.  Existing law also requires that, in every mobilehome  
            park and RV park, a person be available to respond in a timely  
            manner to emergencies concerning the operation or maintenance  
            of the park.  In parks of 50 or more units, this person or his  
            or her designee must live in the park and have knowledge of  
            the emergency procedures of the park's utility systems and  
            common facilities.  This bill additionally requires this  
            person to be familiar with the park's emergency preparedness  
            plans.

           2)Rationale  . According to the author, the bill is intended to  
            ensure that mobilehome park residents, especially senior  
            residents and residents with disabilities and health problems,  
            can be identified and evacuated in a safe and timely manner in  
            the event of an emergency. The bill is sponsored by the  
            California State Firefighters Association, which notes that "a  
            comprehensive emergency and fire preparedness plan?will help  
            ensure fire prevention and promote public awareness and  
            safety."

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081