Bill Text: CA AB319 | 2023-2024 | Regular Session | Chaptered
Bill Title: Mobilehome Parks Act: inspectors: conflict of interest: enforcement actions: sunset.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 737, Statutes of 2023. [AB319 Detail]
Download: California-2023-AB319-Chaptered.html
Assembly Bill
No. 319
CHAPTER 737
An act to amend Sections 18400.1, 18424, and 18502 of, and to add Chapter 8 (commencing with Section 18710) to Part 2.1 of Division 13 of, the Health and Safety Code, relating to mobilehomes.
[
Approved by
Governor
October 11, 2023.
Filed with
Secretary of State
October 11, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 319, Connolly.
Mobilehome Parks Act: inspectors: conflict of interest: enforcement actions: sunset.
Existing law, the Mobilehome Parks Act, generally requires the Department of Housing and Community Development to enforce the act, except that a city, county, or city and county may assume the responsibility for the enforcement of the act upon the approval of the department, as provided. Existing law requires the enforcement agency to enter and inspect mobilehome parks, as prescribed. Existing law also requires an enforcement agency to issue notice to correct a violation and provides for procedures for owners or operators to dispute and appeal violation notices, as specified. Existing law repeals these provisions as of January 1, 2024. A violation of these provisions is a misdemeanor.
This bill would extend these provisions from January 1, 2024, to January 1, 2025.
The Mobilehome Parks Act imposes
prescribed fees, including, among others, a fee of $4 per lot to be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the act. Existing law repeals the $4 fee per lot on January 1, 2024.
This bill would extend the repeal date of these provisions to January 1, 2025, thereby extending imposition of the $4-per-lot fee until that date.
Existing law incorporates additional changes to the prescribed fees imposed by the Mobilehome Parks Act to become operative on January 1, 2024.
This bill would delay the operative date for these additional changes until January 1, 2025.
Existing law, the Political Reform Act of 1974, requires state agencies to adopt and promulgate a conflict of interest code with certain provisions, as specified.
This bill would require
the department, no later than January 1, 2025, and in accordance with the Political Reform Act of 1974 and specified regulations, to establish policies to review the statement of economic interests, as defined, by each inspector, as defined, who is a designated employee for purposes of the conflict of interest code adopted by the department and identify any potential conflict due to an interest in real property disclosed by the inspector, except as specified.
The bill would also require the department to establish policies to
promptly notify an inspector if a required statement of economic interests has not been filed or if the filed statement is incomplete or incorrect in any material aspect. The bill would require the department to establish policies to notify the Fair Political Practices Commission of each inspector who has not submitted a statement of economic interests after the department has made at least 2 attempts at attaining compliance, as specified.
This bill would require the department, no later than January 1, 2025, to establish policies to document complaints against inspectors and the steps taken to address those complaints. The bill would require the department to refer all complaints
against inspectors alleging misconduct to the department’s equal employment opportunity officer, unless otherwise specified.
This bill would also make other technical, nonsubstantive changes to these provisions.
Because this bill would extend the application of a crime, it 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 a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18400.1 of the Health and Safety Code is amended to read:18400.1.
(a) In accordance with subdivision (b), the enforcement agency shall enter and inspect mobilehome parks, as required under this part, with a goal of inspecting at least 5 percent of the parks per year, to ensure enforcement of this part and the regulations adopted pursuant to this part. The enforcement agency’s inspection shall include an inspection of the exterior portions of individual manufactured homes and mobilehomes in each park inspected. Any notices of violation of this part shall be issued pursuant to Chapter 3.5 (commencing with Section 18420).(b) In developing its mobilehome park maintenance inspection program, the enforcement agency shall inspect the mobilehome parks that
the enforcement agency determines have complaints that have been made to the enforcement agency regarding serious health and safety violations in the park. A single complaint of a serious health and safety violation shall not automatically trigger an inspection of the entire park unless upon investigation of that single complaint the enforcement agency determines that there is a violation and that an inspection of the entire park is necessary.
(c) This part does not allow the enforcement agency to issue a notice for a violation of existing laws or regulations that were not violations of the laws or regulations at the time the mobilehome park received its original permit to operate, or the standards governing any subsequent permit to construct, or at the time the manufactured home or mobilehome received its original installation permit, unless
the enforcement agency determines that a condition of the park, manufactured home, or mobilehome endangers the life, limb, health, or safety of the public or occupants thereof.
(d) Not less than 30 days prior to the inspection of a mobilehome park under this section, the enforcement agency shall provide individual written notice of the inspection to the registered owners of the manufactured homes or mobilehomes, with a copy of the notice to the occupants thereof, if different than the registered owners, and to the owner or operator of the mobilehome park and the responsible person, as defined in Section 18603.
(e) At the sole discretion of the enforcement agency’s inspector, a representative of either the park operator or the mobilehome owners may accompany the inspector during the
inspection if that request is made to the enforcement agency or the inspector requests a representative to accompany them. If either party requests permission to accompany the inspector or is requested by the inspector to accompany them, the other party shall also be given the opportunity, with reasonable notice, to accompany the inspector. Only one representative of the park owner and one representative of the mobilehome owners in the park may accompany the inspector at any one time during the inspection. If more than one representative of the mobilehome owners in the park requests permission to accompany the inspector, the enforcement agency may adopt procedures for choosing that representative.
(f) The enforcement agency shall coordinate a preinspection orientation for mobilehome owners and mobilehome park operators with
the use of an audiovisual presentation furnished by the department to affected local enforcement agencies. Enforcement agencies shall furnish the audiovisual presentation to park operators and mobilehome owner representatives in each park subject to inspection not less than 30 days prior to the inspection. Additionally, it is the Legislature’s intent that the department shall, where practicable, conduct live presentations, forums, and outreach programs throughout the state to orient mobilehome owners and park operators on the mobilehome park maintenance inspection program and their rights and obligations under the program.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.
Section 18424 of the Health and Safety Code is amended to read:18424.
This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 3.
Section 18502 of the Health and Safety Code, as amended by Section 3.5 of Chapter 835 of the Statutes of 2018, is amended to read:18502.
Fees as applicable shall be submitted for permits, as follows:(a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b) Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c) (1) An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(2) (A) An additional annual fee of four dollars ($4) per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
(B) The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to subparagraph (A) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of
this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per-lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per-lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
(3) The additional annual fee authorized by subdivision (b) of Section 18804 shall be paid to the department at the time of payment
of the annual operating fee to the department or local enforcement agency, as appropriate.
(d) Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
(e) Duplicate permit fee or amended permit fee of ten dollars ($10).
(f) This section shall remain in effect only until January 1,
2025, and as of that date is repealed.
SEC. 4.
Section 18502 of the Health and Safety Code, as amended by Section 4 of Chapter 835 of the Statutes of 2018, is amended to read:18502.
Fees as applicable shall be submitted for permits, as follows:(a) Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
(b) Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
(c) An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
(d) Change in name fee or transfer of
ownership or possession fee of ten dollars ($10).
(e) Duplicate permit fee or amended permit fee of ten dollars ($10).
(f) This section shall become operative on January 1, 2025.
SEC. 5.
Chapter 8 (commencing with Section 18710) is added to Part 2.1 of Division 13 of the Health and Safety Code, to read:CHAPTER 8. Inspector Conflicts of Interest
18710.
For purposes of this chapter, the following definitions apply:(a) “Inspector” means an employee of the department who conducts inspections of mobilehome parks pursuant to this part.
(b) “Statement of economic interests” means the statements required to be filed pursuant to Section 87302 of the Government Code, including the annual statement and the statements required to be filed upon assuming office or leaving office.
18711.
No later than January 1, 2025, the department shall, in accordance with the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) and Division 6 (commencing with Section 18104) of Title 2 of the California Code of Regulations, establish policies to do all of the following:(a) Review the statement of economic interests filed by each inspector who is a designated employee for the purposes of the conflict of interest code adopted by the department pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. When reviewing a statement of economic interests pursuant to this subdivision, the department shall identify any potential conflict due to an interest in real property disclosed by the inspector. For the purposes of this section, interest in real property does not include the principal residence of the inspector or any other property that the inspector utilizes exclusively as their personal residence.
(b) Promptly notify an inspector if a required statement has not been filed or if the review of the statement of economic interests filed by the inspector indicates that the statement is incomplete or incorrect in any material aspect.
(c) After making
at least two attempts at attaining compliance pursuant to subdivision (b), notify the Fair Political Practices Commission of each inspector who has not submitted a statement of economic interests.
18712.
No later than January 1, 2025, the department shall do both of the following:(a) Establish policies to document complaints against inspectors and the steps taken to address those complaints.
(b) Refer all complaints against inspectors alleging misconduct to the department’s equal employment opportunity officer or other individual specified in the department’s policies created pursuant to subdivision (a).
