BILL NUMBER: AB 1016 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2011
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 18, 2011
An act to add Sections 1102.18 and 3482.7 to the Civil
Code, relating to nuisance. An act to amend Section
4750 of the Penal Code, and to amend Section 4117 of the Welfare and
Institutions Code, relating to stat e hospitals, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1016, as amended, Achadjian. Nuisance: landfill
activities. Inmates: state hospitals: reimbursement of
costs.
Under existing law, a county is required to submit a statement of
all nontreatment costs incurred by the county relating to a trial or
hearing for a person who is confined to a state hospital, as
specified, to the Controller for approval. Existing law requires
those costs to be paid out of money appropriated by the Legislature
to the county treasurer of the county in which the trial or hearing
was held.
Under existing law, a city, county, or superior court is entitled
to reimbursement for reasonable and necessary costs connected with
trials and hearings relating to state prisons or prisoners, as
specified.
This bill requires that reimbursement for nontreatment costs be
paid from moneys appropriated by the Legislature for purposes of
reimbursing cities, counties, or superior courts for prison-and
prisoner-related costs. By adding a new purpose for previously
appropriated funds, this will would make an appropriation.
(1) Existing law defines a nuisance, in part, as anything that is
injurious to health, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property. Existing law authorizes
various remedies for nuisances, including remedies to effect
abatement and damages. Existing law provides, among other things,
that no agricultural activity, operation, or facility, or
appurtenances thereof, as defined, in operation for more than 3
years, and conducted or maintained for commercial purposes in a
manner consistent with proper and accepted customs and standards,
shall become a nuisance due to any changed condition in the locality
if it was not a nuisance at the time it began, except as specified.
This bill would provide that no landfill activity, operation, or
facility, or appurtenances thereof, as defined, in operation for more
than 3 years, and conducted or maintained for commercial purposes in
a manner consistent with proper and accepted customs and standards,
shall become a nuisance due to any changed condition in the locality
if it was not a nuisance at the time it began, except as specified.
(2) Existing law requires certain disclosures to be provided to
the purchaser of specified residential real property consisting of
not less than one or more than four dwelling units upon transfer of
that property. Among other things, the seller of residential real
property who has actual knowledge that the property is adjacent to,
or zoned to allow, an industrial use, or affected by a nuisance
created by that use, shall give written notice of that knowledge as
soon as practicable before transfer of title.
This bill would require the seller of any residential dwelling
consisting of not less than one or more than four dwelling units that
is in close proximity to a landfill activity, operation, or
facility, or appurtenances thereof, to give written notice to the
purchaser of that real property before transfer of title that the
property is subject to the provisions described in (1) above. The
bill would require the purchaser to sign the required disclosure.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4750 of the Penal
Code is amended to read:
4750. A city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with state
prisons or prisoners in connection with any of the following:
(a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
(b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
(c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
(d) Any trial or hearing on the question of the sanity of a
prisoner.
(e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
(f) Any costs incurred by a coroner in connection with the death
of a prisoner.
(g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
(h) Any crime committed by a state inmate at a state hospital for
the care, treatment, and education of the mentally disordered, as
specified in Section 7200 of the Welfare and Institutions Code.
(i) Commencing January 1, 2012, any nontreatment costs described
in Section 4117 of the Welfare and Institutions Code.
(i)
(j) No city, county, or other jurisdiction may file,
and the state may not reimburse, a claim pursuant to this section
that is presented to the Department of Corrections and Rehabilitation
or to any other agency or department of the state more than six
months after the close of the month in which the costs were incurred.
SEC. 2. Section 4117 of the Welfare and
Institutions Code is amended to read:
4117. (a) Whenever a trial is had of any person charged with
escape or attempt to escape from a state hospital, whenever a hearing
is had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2972, or Section 2966 of the Penal Code, Section 7361
of this code, or former Section 6316.2 of this code for the release
of a person confined in a state hospital, and whenever a person
confined in a state hospital is tried for any crime committed
therein, the appropriate financial officer or other designated
official of the county in which the trial or hearing is had shall
make out a statement of all mental health treatment costs and shall
make out a separate statement of all nontreatment costs incurred by
the county for investigation and other preparation for the trial or
hearing, and the actual trial or hearing, all costs of maintaining
custody of the patient and transporting him or her to and from the
hospital, and costs of appeal, which statements shall be properly
certified by a judge of the superior court of that county and the
statement of mental health treatment costs shall be sent to the State
Department of Mental Health and the statement of all nontreatment
costs shall be sent to the Controller for approval. After approval,
the department shall cause the amount of mental health treatment
costs incurred on or after July 1, 1987, to be paid to the county
mental health director or his or her designee where the trial or
hearing was held out of the money appropriated for this purpose by
the Legislature. In addition, the Controller shall cause the amount
of all nontreatment costs incurred on and after July 1, 1987, to be
paid out of the money appropriated by the Legislature, to the county
treasurer of the county where the trial or hearing was had.
Commencing January 1, 2012, the nontreatment costs shall be paid by
the Department of Corrections and Rehabilitation pursuant to Section
4750 of the Penal Code.
(b) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and from
a state hospital or a facility designated by the community program
director during the hearing shall be paid by the Controller as
provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county, which statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
As used in this subdivision the community program director is the
person designated pursuant to Section 1605 of the Penal Code.
SECTION 1. Section 1102.18 is added to the
Civil Code, to read:
1102.18. The seller of any residential dwelling that is in close
proximity to a landfill activity, operation, or facility, or
appurtenances thereof, shall give written notice to the purchaser of
that real property before transfer of title that the property is
subject to Section 3482.7. The purchaser shall sign the disclosure
required pursuant to this section.
SEC. 2. Section 3482.7 is added to the Civil
Code, to read:
3482.7. (a) No landfill activity, operation, or facility, or
appurtenances thereof, conducted or maintained for commercial
purposes, and in a manner consistent with proper and accepted customs
and standards, as established and followed by similar landfill
operations in the same locality, shall become a nuisance, public or
private, due to any changed condition in or about the locality, after
it has been in operation for more than three years, if it was not a
nuisance at the time it began.
(b) Subdivision (a) shall not apply if the landfill activity,
operation, or facility, or appurtenances thereof, obstructs the free
passage or use, in the customary manner, of any navigable lake,
river, bay, stream, canal, or basin, or any public park, square,
street, or highway.
(c) Subdivision (a) shall not invalidate any provision contained
in the Health and Safety Code, Fish and Game Code, Food and
Agricultural Code, or Division 7 (commencing with Section 13000) of
the Water Code, if the landfill activity, operation, or facility, or
appurtenances thereof, constitutes a nuisance, public or private, as
specifically defined or described in any of those provisions.
(d) This section shall prevail over any contrary provision of an
ordinance or regulation of a city, county, city and county, or other
political subdivision of the state. However, nothing in this section
shall preclude a city, county, city and county, or other political
subdivision of this state, acting within its constitutional or
statutory authority and not in conflict with other provisions of
state law, from adopting an ordinance that allows notification to a
prospective homeowner that the dwelling is in close proximity to a
landfill activity, operation, or facility, or appurtenances thereof,
and is subject to the provisions of this section consistent with
Section 1102.6a.
(e) For purposes of this section, the term "landfill activity,
operation, or facility, or appurtenances thereof" shall include, but
not be limited to, a waste management unit at which waste is
discharged in or on land for disposal. "Landfill activity, operation,
or facility, or appurtenances thereof" does not include any surface
impoundment, waste pile, land treatment unit, injection well, or soil
amendment.