BILL ANALYSIS
SB 23
Page 1
SENATE THIRD READING
SB 23 (Padilla)
As Amended July 9, 2009
Majority vote
SENATE VOTE : 36-0
HOUSING 6-0
APPROPRIATIONS 16-0
-----------------------------------------------------------------
|Ayes:|Torres, Harkey, Eng, |Ayes:|De Leon, Conway, Ammiano, |
| |Knight, Ma, Saldana | | |
| | | |Charles Calderon, Coto, |
| | | |Davis, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Hill |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires the owner or operator of a mobilehome park or
a special occupancy park to adopt and post an emergency
preparedness plan. Specifically, this bill :
1)Requires that on or before September 1, 2010, every owner or
operator of a mobilehome park or a special occupancy park
adopt an emergency preparedness plan by either:
a) Adopting the emergency procedures and plans approved by
the Standardized Emergency Management System Advisory Board
entitled "Emergency Plans for Mobilehome Parks" and
compiled by the former Office of Emergency Services; or,
b) Adopting a plan that is developed by the park management
and is comparable to the procedures and plans specified
above.
2)Requires the owner or operator of a park constructed after
September 10, 2010, to adopt an emergency preparedness plan
prior to the issuance of the permit to operate.
SB 23
Page 2
3)Requires the owner or operator of a park to do both of the
following:
a) Post notice of the plan in the clubhouse or another
conspicuous area within the park; and,
b) Provide notice to existing park residents on or before
September 10, 2010, and thereafter provide notice to new
residents when they are approved for tenancy, on how to
access the plan as well as individual emergency
preparedness information from the appropriate state or
local agencies, including the California Emergency
Management Agency.
4)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.
5)Permits the enforcement agency to determine whether park
management has complied with the bill's requirements by
receipt of a copy of the plan or during site inspections
conducted in response to complaints of alleged violations or
for any other reason.
6)Deems a violation of these rules to be an unreasonable risk to
life, health, and safety.
7)Requires park management to correct a violation within 60 days
of receiving notice from the enforcement agency.
8)Declares the Legislature's intent that a mobilehome park owner
or operator communicate to residents essential information
about evacuation routes and emergency preparedness but states
that it is not the intent of the Legislature that a park owner
or operator be responsible for evacuating residents from their
homes during an emergency.
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 : Under the Mobilehome Parks Act (MPA) and the Special
SB 23
Page 3
Occupancy Parks Act, the Department of Housing and 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 acts' provisions. Local
agencies have the option of assuming enforcement authority for
the MPA within their jurisdictions through agreement with HCD.
Existing law permits mobilehome park management to adopt an
emergency preparedness plan for the park. This bill requires an
emergency preparedness plan for all mobilehome parks and RV
parks, and requires that residents be informed of how to access
the plan and how to access other resources related to emergency
preparedness. Existing law also requires that in every
mobilehome park and RV park a person be available in person or
by telephone or similar means to respond 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.
In October 2008, the Marek Fire near Lake View Terrace
tragically claimed the life of a homeless man and his dog,
burned over 18,000 acres, and destroyed 49 structures.
Thirty-eight of those structures were mobilehomes at the Sky
Terrace Mobile Lodge. On November 15, 2008, the Sayre Fire
devastated the Oakridge Mobile Home Park in Sylmar, destroying
more than 500 homes and scorching over 10,000 acres in the local
foothills. During the fire at the Oakridge Mobile Home Park,
police officers thought they had successfully evacuated the park
only to learn that a number of seniors with health issues were
still in their mobilehomes. The seniors were ultimately saved
as fire overtook the park.
Both of these fires occurred in the author's district. The
author is a member of the Senate Select Committee on
Manufactured Housing and Communities, which in February held a
hearing about what these two fires showed about fire safety and
code enforcement in mobilehome parks. Based on what the
committee learned, the author introduced this bill to ensure
that all mobilehome park residents can be evacuated in a safe
and timely manner in an emergency.
SB 23
Page 4
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085
FN: 0002293