Bill Text: CA AB2997 | 2023-2024 | Regular Session | Amended
Bill Title: Subdivisions: manufactured homes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-01 - Re-referred to Com. on H. & C.D. [AB2997 Detail]
Download: California-2023-AB2997-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2997
| Introduced by Assembly Member Joe Patterson |
February 16, 2024 |
An act to amend Section 65580 of the Government Code, add Chapter 10 (commencing with Section 18160) to Part 2 of Division 13 of the Health and Safety Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2997, as amended, Joe Patterson.
Land use: housing. Subdivisions: manufactured homes.
Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, and generally requires that manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state be subject to annual registration with the department and payment of registration fees, as prescribed. The act defines “manufactured home” for these purposes to mean a structure that meets specified requirements, including that the structure is transportable in one or more sections and is 8 body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected
onsite, is 320 or more square feet, and includes the plumbing, heating, air-conditioning, and electrical systems contained within the structure.
Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on
a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would exempt the review and approval, conditional approval, or denial of a subdivision for a manufactured home development project from CEQA if the project satisfies specified conditions. In this regard, among other things, the bill would require the manufactured home development project to (1) be located on a site that is zoned for residential use and that is no larger than 10 acres, (2) consist of no more than 100 manufactured homes, and (3) include a childcare facility. The bill would require all of the housing units of the project be manufactured homes and subject to specified state building standards. The bill would require a project proponent subject to these provisions to certify to the local government that certain wage and labor standards will be met,
including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By imposing new duties on local governments in the review of subdivisions for certain manufactured home developments and by expanding the crime of perjury, the bill would impose a state-mandated local program.
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 specified reasons.
Existing law declares the importance of, and general responsibility for, making housing available and affordable for all Californians.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 10 (commencing with Section 18160) is added to Part 2 of Division 13 of the Health and Safety Code, to read:CHAPTER 10. Manufactured Home Development Projects
18160.
(a) The review and approval, conditional approval, or denial of a subdivision for a manufactured home development project shall be exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) if the project satisfies all of the following requirements:(1) The project site complies with both of the following:
(A) The site is zoned for residential uses.
(B) The site is no larger than 10 acres
(2) The project consists of no more than 100 manufactured homes.
(3) The project will include a childcare facility.
(4) All of the housing units of the project are manufactured homes and are subject to the State Building Standards Code and other regulations adopted pursuant to Chapter 4 (commencing with Section 19990) of Part 6 of Division 13 of the Health and Safety Code.
(5) The project proponent complies with the labor standards established in Article 4 (commencing with Section 65912.130) of Chapter 4.1 of Division 1 of Title 7 of the Government Code, as applicable.
(b) The approval, conditional approval, or denial of a manufactured housing subdivision shall be approved within the time limits established pursuant to subdivisions (a) and (b) of Section 66452.1 of the Government Code and subdivisions (a) and (b) of
66452.2 of the Government Code.
(c) For purposes of this section, “manufactured home” means the same as defined in subdivision (a) of Section 18007.
(d) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.The Legislature finds and declares as follows:
(a)The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order.
(b)The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.
(c)Providing housing that is affordable to low- and moderate-income households
requires the cooperation of all levels of government.
(d)Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.
(e)The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs.
(f)Designating and maintaining a supply of land and adequate sites suitable, feasible, and available for the
development of housing sufficient to meet the locality’s housing need for all income levels is essential to achieving the state’s housing goals and the purposes of this article.
