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  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, 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   before  September 1,
2010. The bill would require park management 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.
   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.
 
   (b) (1) On or before September 1, 2010, an owner or operator of a
park shall adopt an emergency preparedness plan.  
   (2) 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) Park management shall do  all   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) Provide to each resident instructions on how to access and
review the plan.  
   (3) 
    (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, 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.
 
   (b) (1) On or before September 1, 2010, an owner or operator of a
park shall adopt an emergency preparedness plan.  
   (2) 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) Park management shall do all   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) Provide to each resident instructions on how to access and
review the plan.  
   (3) 
    (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, 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.