Bill Text: CA SB23 | 2009-2010 | Regular Session | Chaptered
Bill Title: Manufactured housing: emergency preparedness plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 551, Statutes of 2009. [SB23 Detail]
Download: California-2009-SB23-Chaptered.html
BILL NUMBER: SB 23 CHAPTERED
BILL TEXT
CHAPTER 551
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 1, 2009
AMENDED IN ASSEMBLY JULY 9, 2009
AMENDED IN ASSEMBLY JUNE 29, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 30, 2009
AMENDED IN SENATE APRIL 21, 2009
INTRODUCED BY Senator Padilla
DECEMBER 1, 2008
An act to amend Sections 18603 and 18871.8 of the Health and
Safety Code, relating to manufactured housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 23, Padilla. Manufactured housing: emergency preparedness
plans.
(1) Existing law, the Mobilehome Parks Act, requires the
Department of Housing and Community Development to enact and enforce
rules and regulations to protect public health and safety in
mobilehome parks. The act authorizes park management to adopt an
emergency preparedness plan that includes specified procedures and
plans. Under the act, a knowing violation of the act is punishable as
a misdemeanor offense.
The Special Occupancy and Parks Act requires the department to
adopt regulations to govern the use and occupancy of manufactured
homes, mobilehomes, and recreational vehicles located in special
occupancy parks. Under the act, a knowing violation of the act is
punishable as a misdemeanor offense, and any person who willfully
violates the act is liable for a civil penalty.
This bill would amend both the Mobilehome Parks Act and the
Special Occupancy and Parks Act to require an owner or operator of an
existing park or a special occupancy park to adopt an emergency
preparedness plan on or before September 1, 2010. The bill would
require an owner or operator of a park to post notice of the plan, as
specified, and to provide information relating to accessing
individual emergency preparedness information. The bill would require
an enforcement agency to determine park compliance with these
provisions if certain conditions have been met. The bill would
provide that a violation of this section constitutes an unreasonable
risk to life, health, or safety and would require correction by park
management within 60 days of notice of the violation.
By creating a new crime or expanding an existing crime, this bill
would impose a state-mandated local program.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that an owner or
operator of a mobilehome park or manufactured home community
communicate to residents essential evacuation routes and basic
emergency preparedness information in a manner appropriate to the
community. It is not the intent of the Legislature that an owner or
operator be responsible for physically evacuating residents from
their homes during an emergency. It is further the intent that
residents take personal responsibility for themselves during an
emergency.
SEC. 2. Section 18603 of the Health and Safety Code is amended to
read:
18603. (a) In every park there shall be a person available by
telephonic or like means, including telephones, cellular phones,
telephone answering machines, answering services or pagers, or in
person who shall be responsible for, and who shall reasonably respond
in a timely manner to emergencies concerning, the operation and
maintenance of the park. In every park with 50 or more units, that
person or his or her designee shall reside in the park, have
knowledge of emergency procedures relative to utility systems and
common facilities under the ownership and control of the owner of the
park, and shall be familiar with the emergency preparedness plans
for the park.
(b) (1) On or before September 1, 2010, an owner or operator of an
existing park shall adopt an emergency preparedness plan.
(2) For a park constructed after September 1, 2010, an owner or
operator of a park shall adopt a plan in accordance with this section
prior to the issuance of the permit to operate.
(3) An owner or operator may comply with paragraph (1) by either
of the following methods:
(A) Adopting the emergency procedures and plans approved by the
Standardized Emergency Management System Advisory Board on November
21, 1997, entitled "Emergency Plans for Mobilehome Parks," and
compiled by the former Office of Emergency Services in compliance
with the Governor's Executive Order W-156-97, or any subsequent
version.
(B) Adopting a plan that is developed by the park management and
is comparable to the procedures and plans specified in subparagraph
(A).
(c) For an existing park, and in the case of a park constructed
after September 10, 2010, prior to the issuance of the permit to
operate, an owner or operator of a park shall do both of the
following:
(1) Post notice of the emergency preparedness plan in the park
clubhouse or in another conspicuous area within the mobilehome park.
(2) On or before September 10, 2010, provide notice of how to
access the plan and information on individual emergency preparedness
information from the appropriate state or local agencies, including,
but not limited to, the California Emergency Management Agency, to
all existing residents and, upon approval of tenancy, for all new
residents thereafter. This may be accomplished in a manner that
includes, but is not limited to, distribution of materials and
posting notice of the plan or information on how to access the plan
via the Internet.
(d) An enforcement agency shall determine whether park management
is in compliance with this section. The agency may ascertain
compliance by receipt of a copy of the plan, during site inspections
conducted in response to complaints of alleged violations, or for any
other reason.
(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life,
health, or safety and shall be corrected by park management within 60
days of notice of the violation.
SEC. 3. Section 18871.8 of the Health and Safety Code is amended
to read:
18871.8. (a) In every park there shall be a person available to
receive by telephonic or like means, including telephones, cellular
telephones, telephone answering machines, answering services or
pagers, or in person who shall be responsible for, and who shall
reasonably respond in a timely manner to emergencies concerning the
operation and maintenance of the park. In every park with 50 or more
units, that person or his or her designee shall reside in the park
and shall have knowledge of emergency procedures relative to utility
systems and common facilities under the ownership and control of the
owner of the park and be familiar with the emergency preparedness
plans for the park.
(b) (1) On or before September 1, 2010, an owner or operator of an
existing park shall adopt an emergency preparedness plan.
(2) For a park constructed after September 1, 2010, an owner or
operator of a park shall adopt a plan in accordance with this section
prior to the issuance of the permit to operate.
(3) An owner or operator may comply with paragraph (1) by either
of the following methods:
(A) Adopting the emergency procedures and plans approved by the
Standardized Emergency Management System Advisory Board on November
21, 1997, entitled "Emergency Plans for Mobilehome Parks," and
compiled by the former Office of Emergency Services in compliance
with the Governor's Executive Order W-156-97, or any subsequent
version.
(B) Adopting a plan that is developed by the park management and
is comparable to the procedures and plans specified in subparagraph
(A).
(c) For an existing park, and in the case of a park constructed
after September 10, 2010, prior to the issuance of the permit to
operate, an owner or operator of a park shall do both of the
following:
(1) Post notice of the emergency preparedness plan in the park
clubhouse or in another conspicuous area within the mobilehome park.
(2) On or before September 10, 2010, provide notice of how to
access the plan and information on individual emergency preparedness
information from the appropriate state or local agencies, including,
but not limited to, the California Emergency Management Agency, to
all existing residents and, upon approval of tenancy, for all new
residents thereafter. This may be accomplished in a manner that
includes, but is not limited to, distribution of materials and
posting notice of the plan or information on how to access the plan
via the Internet.
(d) An enforcement agency shall determine whether park management
is in compliance with this section. The agency may ascertain
compliance by receipt of a copy of the plan, during site inspections
conducted in response to complaints of alleged violations, or for any
other reason.
(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life,
health, or safety and shall be corrected by park management within 60
days of notice of the violation.
SEC. 4. 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.
