BILL NUMBER: AB 1830 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 22, 2012
An act to amend Section 2705.6 of the Public Utilities Code,
relating to mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1830, as amended, V. Manuel Pérez. Water service: mobilehome
parks.
Existing law authorizes the Public Utilities Commission to
regulate public utilities, including water corporations. Under
existing law, a mobilehome park that provides water service only to
its tenants from water supplies and facilities that it owns, not
otherwise dedicated to public service, is not a water corporation,
but that mobilehome park is subject to the jurisdiction of the
commission to the extent that, if a tenant complains about the water
rates charged or service provided by the mobilehome park, the
commission is authorized to determine whether the rates charged are
just and reasonable and whether the service provided is adequate.
Existing law authorizes the commission to afford rate relief or to
order the mobilehome park to improve its water supply, facilities,
and services on those terms that it finds just and reasonable, or
both.
This bill would authorize the commission, if it finds, after
investigation, that the mobilehome park has charged an unjust or
unreasonable rate in violation of existing law, to order the
mobilehome park to reimburse the complainant and any other current
and former tenants affected by the rate, calculated as prescribed, if
no discrimination will result from the reimbursement. The bill would
subject the mobilehome park to the jurisdiction of the commission if
, during any 12-month period, current or former tenants
constituting a prescribed threshold of the current
population of the mobilehome park
park's tenant water meters complain. The bill would
require a mobilehome park to provide written notice to each of the
mobilehome park's tenants to inform those tenants of their right to
file a complaint with the commission about the water rates charged or
the service provided by the mobilehome park, as prescribed. Because
a violation of an order or decision of the commission is a crime,
this bill would impose a state-mandated local program by creating a
new crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2705.6 of the Public Utilities Code is amended
to read:
2705.6. (a) (1) A mobilehome park that provides water service
only to its tenants from water supplies and facilities that it owns,
not otherwise dedicated to public service, is not a water
corporation. However, that mobilehome park is subject to the
jurisdiction of the commission to the extent that if , during
any 12-month period, a numerical threshold of persons totaling
no less than 10 percent of the current population of the
mobilehome park park's tenant water
meters complains about the water rates charged or service
provided by the mobilehome park, the commission shall determine,
based on all the facts and circumstances, whether the rates charged
are just and reasonable and whether the service provided is adequate.
(2) The numerical threshold of persons may include former or
current tenants, or both.
(3) A person shall not file a complaint against a mobilehome park
pursuant to paragraph (1) if that person has not resided in that
mobilehome park within the last five years.
(b) Complaints filed pursuant to subdivision (a) are subject to
this code and to the Rules of Practice and Procedure of the
commission governing complaints and commission investigations.
(c) (1) A mobilehome park, as described in subdivision (a), shall
provide written notice to each of the mobilehome park's tenants to
inform those tenants of their right to file a complaint with the
commission about the water rates charged or the service provided by
the mobilehome park. With respect to the notice, the mobilehome park
shall do all of the following:
(A) Provide the notice to new tenants at the time the tenants
establish residence within the mobilehome park.
(B) Provide the notice to tenants each time the mobilehome park
changes water rates or service.
(C) Ensure that the notice includes the public advisor's current
contact information.
(2) (A) Notwithstanding any other law, the notice provided by a
mobilehome park pursuant to paragraph (1) shall be written in
English, the languages set forth in subdivision (b) of Section 1632
of the Civil Code, and the language or languages of primary
communication with the residents receiving the notice.
(B) The notice shall read as follows:
As required by law pursuant to Section 2705.6 of the Public
Utilities Code, this notice is to inform tenants that, if you have
reason to believe the mobilehome park in which you reside is charging
you "unjust" or "unreasonable" water rates, the Public Utility
Commission's Public Advisor is available to assist you with filing a
complaint. You can reach the Public Advisor via telephone:
866-849-8390, 415-703-2074, TTY 866-836-7825; or email:
[email protected], or postal service: CPUC Public Advisor,
505 Van Ness Avenue, Room 2103, San Francisco, CA 94102.
Como es requerido por la ley bajo la sección
Sección 2705.6 del Public Utilities Code, esta
notificación es para informar a los inquilinos que si existe razón
para pensar que donde usted reside se le está cobrando tarifas de
agua "injusta" o "irrazonables," el Asesor Público de la Public
Utilities Commission esta disponsible para asistirle con el legajo de
su queja. Usted puede comunicarse con el Asesor Público por teléfono
a los siguients numeros: 866-849-8390, 415-703-2074, o TTY
866-836-7825; o correo electrónico: [email protected]; o por
correspondencia: CPUC Public Advisor, 505 Van Ness Avenue, Room
2103, San Francisco, CA 94102.
(3) A mobilehome park that fails to provide the notice required by
this section shall be subject to the penalties established in
Section 2111.
(d) The commission may afford rate relief or may order the
mobilehome park to improve its water supply, facilities, and services
on those terms that it finds just and reasonable, or both.
(e) If the commission finds, after investigation, that the
mobilehome park has charged an unjust or unreasonable rate in
violation of this section subsequent to December 31, 2012, the
commission shall order the mobilehome park to reimburse the
complainant and any other current and former tenants affected by the
rate, if no discrimination will result from the reimbursement.
Reimbursement shall be calculated from the first date of collection
of the unjust or unreasonable rate, with interest. The commission
shall not make an order for the payment of reimbursement upon the
ground of unjustness or unreasonableness if the rate in question has
been previously declared by formal finding of the commission to be
reasonable. The commission shall not recognize the assignment of a
reimbursement claim except assignments by operation of law as in
cases of death, insanity, bankruptcy, receivership, or order of
court.
(f) The public adviser created pursuant to Section 321 and
necessary staff of the commission shall assist the complainant.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.