BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 166
                                                                  Page  1

          Date of Hearing:   June 17, 2009

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                 Norma Torres, Chair
                     SB 166 (Runner) - As Amended:  June 3, 2009

          SENATE VOTE  :   37-0
           
          SUBJECT  :   Special occupancy parks.

           SUMMARY  :   Allows occupancy of a camper that is dismounted from  
          a pick-up truck in a special occupancy park.  Specifically,  this  
          bill  states that it is unlawful in a special occupancy park to  
          occupy a camper that has been dismounted from a truck or other  
          vehicle, unless the park management approves the dismounted  
          camper for occupancy and all of the following requirements are  
          met:

          1)The truck camper is equipped with a permanently mounted jack  
            on each of its four corners;

          2)The truck camper jacks are placed on footings that have a  
            minimum ground contact of at least eight square inches and  
            that have a minimum nominal thickness of two inches;

          3)Immediately upon removal from the truck or other vehicle, the  
            truck camper is lowered to no more than 12 inches and no less  
            than six inches from the ground at its lowest point and is  
            reasonably level;

          4)The truck camper does not remain in the special occupancy park  
            in a dismounted state for more than 30 consecutive days or a  
            period of time established at the discretion of park  
            management, whichever is less; and

          5)The owner or occupant of the truck camper has a readily  
            available, operable vehicle on which to remount the truck  
            camper if the dismounted truck camper becomes unstable. 

           EXISTING LAW  

          1)Governs, under the Special Occupancy Parks Act, the  
            construction, maintenance, occupancy, use, and design of  
            special occupancy parks to ensure the health, safety, and  
            general welfare of all park occupants or residents (Health and  








                                                                  SB 166
                                                                  Page  2

            Safety Code 18860 et seq.).

          2)Gives the Department of Housing and Community Development  
            (HCD) the responsibility for adopting regulations for special  
            occupancy parks (Health and Safety Code 18863.3).

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          The Special Occupancy Parks Act governs the construction,  
          maintenance, occupancy, use, and design of special occupancy  
          parks to ensure the health, safety, and general welfare of all  
          park occupants or residents.  Special occupancy parks are  
          privately owned parks or campgrounds for recreational vehicles,  
          camping cabins, truck campers, or tents, including those  
          portions of mobilehome parks dedicated to recreational vehicles.  
           The Department of Housing and Community Development (HCD) is  
          responsible for adopting regulations for special occupancy parks  
          that are reasonable and necessary to protect life and property  
          in the parks and to protect the health and safety of occupants.   


          HCD regulations that implement the Special Occupancy Parks Act  
          prohibit the occupancy of a dismounted truck camper in a special  
          occupancy park.  SB 166 supersedes HCD's regulations by  
          specifying that a dismounted camper can be occupied in a special  
          occupancy park, so long as the park management approves and the  
          camper meets certain requirements, including being equipped with  
          a permanently mounted jack on each of its four corners.

          The sponsors of this bill note that HCD's existing prohibition  
          on occupying a dismounted truck camper in a special occupancy  
          park is out of date, treats truck campers in these parks  
          differently than they are treated in other locations, and is  
          unique to California.

          In the early 1980s, when HCD adopted the regulatory provision  
          that prohibits a dismounted truck camper from being occupied in  
          a special occupancy park, truck camper technology was much  
          different than today.  For years, truck campers have been  
          designed for occupancy when dismounted.  They are equipped with  
          either mechanical or hydraulic jacks that are permanently  
          mounted on the four corners of the camper and are rated at 3000  
          pound capacity each, allowing them to safely and securely  








                                                                  SB 166
                                                                  Page  3

          accommodate occupancy of a dismounted truck camper that weighs  
          between 1500 and 4000 pounds.  The author and sponsors argue  
          that there is no longer a reason to prohibit occupancy of a  
          dismounted truck camper since they are now specifically designed  
          and constructed for occupancy when dismounted.

          In addition, the proponents note that allowing the occupancy of  
          a dismounted camper in a special occupancy park is consistent  
          with permitted occupancy in other locations in California.  For  
          example, a dismounted camper can be occupied on private property  
          and in state parks.  Proponents further point out, and HCD  
          confirms, that no other state has a statute or regulation that  
          prohibits the occupancy of a dismounted camper.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Lance Camper Manufacturing Corporation (sponsor)
          Recreation Vehicle Industry Association
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916)  
          319-2085