Bill Text: CA SB23 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 23	AMENDED
	BILL TEXT

	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, as amended, 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 a
park or a special occupancy park to adopt an emergency preparedness
plan on or after September 1, 2010. The bill would require park
management to post 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.
   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.  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)  On or after September 1, 2010, an owner or operator of a park
shall adopt an emergency preparedness plan which shall include, but
not be limited to, 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
Office of Emergency Services in compliance with Governor's Executive
Order W-156-97, or any subsequent version. This section shall not
preclude the owner or operator from adapting an existing emergency
preparedness plan to ensure that it is appropriate for the community.

   (c) Park management shall do all of the following:
   (1) Post the emergency preparedness plan in the park clubhouse or
in another conspicuous area within the mobilehome park.
   (2) Provide to each resident instructions on how to access and
review the plan. 
   (3) On or after September 1, 2010, provide notice of the plan's
accessibility and information on accessing individual emergency

    (3)     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 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, a photograph of the
posted 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) On or after September 1, 2010, an owner or operator of a park
shall adopt an emergency preparedness plan which shall include, but
not be limited to, 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
Office of Emergency Services in compliance with Governor's Executive
Order W-156-97, or any subsequent version. This section shall not
preclude the owner or operator from adapting an existing emergency
preparedness plan to ensure that it is appropriate for the community.

   (c) Park management shall do all of the following:
   (1) Post the emergency preparedness plan in the park clubhouse or
in another conspicuous area within the mobilehome park.
   (2) Provide to each resident instructions on how to access and
review the plan. 
   (3) On or after September 1, 2010, provide notice of the plan's
accessibility and information on accessing individual emergency

    (3)     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 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, a photograph of the
posted 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.