BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1830 (V Perez) - Water service: mobilehome parks.
Amended: August 6, 2012 Policy Vote: E,U&C 9-0
Urgency: No Mandate: Yes
Hearing Date: August 16, 2012 Consultant:
Bob Franzoia
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: AB 1830 would authorize the Public Utilities
Commission, if it finds after an investigation, that a
mobilehome park has charged an unjust or unreasonable rate, to
order the mobile home park to reimburse current and former
tenants affected by the rate.
Fiscal Impact: $95,000 in 2012-13 and $189,000 annually from the
Utilities Reimbursement Account to review and analyze just and
reasonable expenses and the capital needs of a mobilehome park's
water system and the rate charged.
Estimated workload is for one utility engineer and one
consumer affairs representative to perform the above noted
duties.
Background: Mobilehome parks, like apartment buildings, may
provide water to tenants through a master meter whereby the park
receives water from a utility and installs separate meters to
bill tenants individually. Recently, the commission
investigated complaints from residents of a park and found that
the water rates were not just and reasonable and residents
qualified for rate relief. The commission suspended two tiers
of the park's rate structure but determined it lacked authority
to reimburse the residents for past overcharges even though
residents had been overpaying for water for three years.
Proposed Law: This bill would require the commission if it
finds, after investigation, that the mobile home park has
charged an unjust or unreasonable rate to order the mobile home
park to reimburse the complainant and any other current and
former tenants affected by the rate, if no discrimination will
result from the reimbursement.
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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.
Staff Comments: While the PUC has had only one recent complaint
requiring only minimal staff time, the process of rate review
proposed by this bill will likely encourage the filing of more
complaints against mobilehome parks.
The proposed amendment would revise Public Utilities Code 2705.6
to read:
(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 commission shall prepare and make available on its
website approved notice language in English and other languages
as set forth above. A mobile home park shall use the latest
notice language made available by the commission.
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 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
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"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.
The amendments would make other minor changes.