Bill Text: CA SB562 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing omnibus bill.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 239, Statutes of 2011. [SB562 Detail]
Download: California-2011-SB562-Introduced.html
Bill Title: Housing omnibus bill.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 239, Statutes of 2011. [SB562 Detail]
Download: California-2011-SB562-Introduced.html
BILL NUMBER: SB 562 INTRODUCED BILL TEXT INTRODUCED BY Committee on Transportation and Housing (Senators DeSaulnier (Chair), Gaines, Harman, Huff, Kehoe, Lowenthal, Pavley, Rubio, and Simitian) FEBRUARY 17, 2011 An act to amend Sections 18070.2, 18218, 18218.5, 18551, 18866.2, and 33420.1 of, and to repeal Section 33334.29 of, the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST SB 562, as introduced, Committee on Transportation and Housing. Housing omnibus bill. (1) Existing law establishes the Manufactured Home Recovery Fund, which is continuously appropriated to make payments and distributions for actual and direct losses, as defined, arising out of specified transactions regarding the purchase or sale of a manufactured home, if certain conditions are met. Existing law prescribes a fee collected by the Department of Housing and Community Development for each reported sale of a manufactured home, to be deposited in the fund. Whenever the balance in the fund exceeds $1,000,000 the department is authorized to reduce or increase the fee, respectively. This bill would instead provide that the department may reduce the fee when the balance exceeds $2,000,000. (2) Existing law authorizes the redevelopment agency of the City of Redding to borrow and use a specified amount from its Low and Moderate Income Housing Fund to provide financial assistance for the acquisition of property for a veterans home. The bill would repeal this provision of law. (3) The bill would correct and eliminate erroneous cross-references, update obsolete terms, correct technical errors, and make conforming changes to existing law relating to housing. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18070.2 of the Health and Safety Code is amended to read: 18070.2. (a) Fees for the establishment and operation of the Manufactured Home Recovery Fund shall be collected on or after January 1, 1985. Claims against the fund arising from sales which occur after January 1, 1985, may not be submitted to the department before January 1, 1986. For purposes of this section, the date of sale shall be either of the following: (1) The date escrow closes for sales by dealers that are subject to Section 18035 or 18035.2. (2) For all other sales, including sales by dealers in which escrow does not close, the date when the purchaser has paid the purchase price or, in lieu thereof, has signed a security agreement, option to purchase, or purchase contract and has taken physical possession or delivery of the manufactured home. (b) Notwithstanding any other provision of law, whenever the balance in the Manufactured Home Recovery Fund exceedsonetwo million dollars($1,000,000)($2,000,000) on January 1 of any year, the department may reduce the fee provided for in subdivision (c) of Section 18070.1. The department may again increase the fee up to a maximum of ten dollars ($10) whenever the balance in the fund falls below one million dollars ($1,000,000). SEC. 2. Section 18218 of the Health and Safety Code is amended to read: 18218. "Commercialcoachmodular " as used in this part has the same meaning as defined in Section 18001.8. SEC. 3. Section 18218.5 of the Health and Safety Code is amended to read: 18218.5. "Special purpose commercialcoach"modular" as used in this part has the same meaning as defined in Section 18012.5. SEC. 4. Section 18551 of the Health and Safety Code is amended to read: 18551. The department shall establish regulations for manufactured home, mobilehome, and commercialcoachmodular foundation systems that shall be applicable throughout the state. When established, these regulations supersede any ordinance enacted by any city, county, or city and county applicable to manufactured home, mobilehome, and commercialcoachmodular foundation systems. The department may approve alternate foundation systems to those provided by regulation where the department is satisfied of equivalent performance. The department shall document approval of alternate systems by its stamp of approval on the plans and specifications for the alternate foundation system. A manufactured home, mobilehome, or commercialcoachmodular may be installed on a foundation system as either a fixture or improvement to the real property, in accordance with subdivision (a), or a manufactured home or mobilehome may be installed on a foundation system as a chattel, in accordance with subdivision (b). (a) Installation of a manufactured home, mobile home, or commercialcoachmodular as a fixture or improvement to the real property shall comply with all of the following: (1) Prior to installation of a manufactured home, mobilehome, or commercialcoachmodular on a foundation system, the manufactured home, mobilehome, or commercialcoachmodular owner or a licensed contractor shall obtain a building permit from the appropriate enforcement agency. To obtain a permit, the owner or contractor shall provide the following: (A) Written evidence acceptable to the enforcement agency that the manufactured home, mobilehome, or commercialcoachmodular owner owns, holds title to, or is purchasing the real property where the mobilehome is to be installed on a foundation system. A lease held by the manufactured home, mobilehome, or commercialcoachmodular owner, that is transferable, for the exclusive use of the real property where the manufactured home, mobilehome, or commercialcoachmodular is to be installed, shall be deemed to comply with this paragraph if the lease is for a term of 35 years or more, or if less than 35 years, for a term mutually agreed upon by the lessor and lessee, and the term of the lease is not revocable at the discretion of the lessor except for cause, as described in subdivisions 2 to 5, inclusive, of Section 1161 of the Code of Civil Procedure. (B) Written evidence acceptable to the enforcement agency that the registered owner owns the manufactured home, mobilehome, or commercialcoachmodular free of any liens or encumbrances or, in the event that the legal owner is not the registered owner, or liens and encumbrances exist on the manufactured home, mobilehome, or commercialcoachmodular , written evidence provided by the legal owner and any lienors or encumbrancers that the legal owner, lienor, or encumbrancer consents to the attachment of the manufactured home, mobilehome, or commercialcoachmodular upon the discharge of any personal lien, that may be conditioned upon the satisfaction by the registered owner of the obligation secured by the lien. (C) Plans and specifications required by department regulations or a department-approved alternate for the manufactured home, mobilehome, or commercialcoachmodular foundation system. (D) The manufactured home, mobilehome, or commercialcoachmodular manufacturer's installation instructions, or plans and specifications signed by a California licensed architect or engineer covering the installation of an individual manufactured home, mobilehome, or commercialcoachmodular in the absence of the manufactured home, mobilehome, or commercialcoachmodular manufacturer's instructions. (E) Building permit fees established by ordinance or regulation of the appropriate enforcement agency. (F) A fee payable to the department in the amount of eleven dollars ($11) for each transportable section of the manufactured home, mobilehome, or commercialcoachmodular , that shall be transmitted to the department at the time the certificate of occupancy is issued with a copy of the building permit and any other information concerning the manufactured home, mobilehome, or commercialcoachmodular which the department may prescribe on forms provided by the department. (2) (A) On the same day that the certificate of occupancy for the manufactured home, mobilehome, or commercialcoachmodular is issued by the appropriate enforcement agency, the enforcement agency shall record with the county recorder of the county where the real property is situated, that the manufactured home, mobilehome, or commercialcoachmodular has been installed upon, a document naming the owner of the real property, describing the real property with certainty, and stating that a manufactured home, mobilehome, or commercialcoachmodular has been affixed to that real property by installation on a foundation system pursuant to this subdivision. (B) When recorded, the document referred to in subparagraph (A) shall be indexed by the county recorder to the named owner and shall be deemed to give constructive notice as to its contents to all persons thereafter dealing with the real property. (C) Fees received by the department pursuant to subparagraph (F) of paragraph (1) shall be deposited in the Mobilehome-Manufactured Home Revolving Fund established under subdivision (a) of Section 18016.5. (3) The department shall adopt regulations providing for the cancellation of registration of a manufactured home, mobilehome, or commercialcoachmodular that is permanently attached to the ground on a foundation system pursuant to subdivision (a). The regulations shall provide for the surrender to the department of the certificate of title and other indicia of registration. For the purposes of this subdivision, permanent affixation to a foundation system shall be deemed to have occurred on the day a certificate of occupancy is issued to the manufactured home, mobilehome, or commercialcoachmodular owner and the document referred to in subparagraph (A) of paragraph (2) is recorded. Cancellation shall be effective as of that date and the department shall enter the cancellation on its records upon receipt of a copy of the certificate of occupancy. This subdivision shall not be construed to affect the application of existing laws, or the department's regulations or procedures with regard to the cancellation of registration, except as to the requirement therefor and the effective date thereof. (4) Once installed on a foundation system in compliance with this subdivision, a manufactured home, mobilehome, or commercialcoachmodular shall be deemed a fixture and a real property improvement to the real property to which it is affixed. Physical removal of the manufactured home, mobilehome, or commercialcoachmodular shall thereafter be prohibited without the consent of all persons or entities who, at the time of removal, have title to any estate or interest in the real property to which the manufactured home, mobilehome, or commercialcoachmodular is affixed. (5) For the purposes of this subdivision: (A) "Physical removal" shall include, without limitation, the unattaching of the manufactured home, mobilehome, or commercialcoachmodular from the foundation system, except for temporary purposes of repair or improvement thereto. (B) Consent to removal shall not be required from the owners of rights-of-way or easements or the owners of subsurface rights or interests in or to minerals, including, but not limited to, oil, gas, or other hydrocarbon substances. (6) At least 30 days prior to a legal removal of the manufactured home, mobilehome, or commercialcoachmodular from the foundation system and transportation away from the real property to which it was formerly affixed, the manufactured home, mobilehome, or commercialcoachmodular owner shall notify the department and the county assessor of the intended removal of the manufactured home, mobilehome, or commercialcoachmodular . The department shall require written evidence that the necessary consents have been obtained pursuant to this section and shall require application for either a transportation permit or manufactured home, mobilehome, or commercialcoachmodular registration, as the department may decide is appropriate to the circumstances. Immediately upon removal, as defined in this section, the manufactured home, mobilehome, or commercialcoachmodular shall be deemed to have become personal property and subject to all laws governing the same as applicable to a manufactured home, mobilehome, or commercialcoachmodular . (b) The installation of a manufactured home or a mobilehome on a foundation system as chattel shall be in accordance with Section 18613 and shall be deemed to meet or exceed the requirements of Section 18613.4. This subdivision shall not be construed to affect the application of sales and use or property taxes. No provisions of this subdivision are intended, nor shall they be construed, to affect the ownership interest of any owner of a manufactured home or mobilehome. (c) Once installed on a foundation system, a manufactured home, mobilehome, or commercialcoachmodular shall be subject to state enforced health and safety standards for manufactured homes, mobilehomes, or commercialcoachesmodulars enforced pursuant to Section 18020. (d) No local agency shall require that any manufactured home, mobilehome, or commercialcoachmodular currently on private property be placed on a foundation system. (e) No local agency shall require that any manufactured home or mobilehome located in a mobilehome park be placed on a foundation system. (f) No local agency shall require, as a condition for the approval of the conversion of a rental mobilehome park to a resident-owned park, including, but not limited to, a subdivision, cooperative, or condominium for mobilehomes, that any manufactured home or mobilehome located there be placed on a foundation system. This subdivision shall only apply to the conversion of a rental mobilehome park that has been operated as a rental mobilehome park for a minimum period of five years. SEC. 5. Section 18866.2 of the Health and Safety Code is amended to read: 18866.2. Any notice of violation of this part, or any rule or regulation adopted pursuant thereto, issued by the enforcement agency shall be issued to the appropriate persons designated in Section 18867 and shall include a statement that any willful violation is a misdemeanor under Section1887018874 . SEC. 6. Section 33334.29 of the Health and Safety Code is repealed.33334.29. (a) Notwithstanding Sections 33334.2, 33334.3, and 33334.6, the redevelopment agency of the City of Redding, of the County of Shasta, or of any other city located within the County of Shasta, may borrow and use up to two million three hundred thousand dollars ($2,300,000) from its Low and Moderate Income Housing Fund to provide financial assistance for the acquisition of property for a veterans home within the territorial jurisdiction of the agency of the City of Redding. As used in this section, "veterans' home" shall mean a veterans' home authorized pursuant to Division 5 (commencing with Section 1010) of the Military and Veterans Code. (b) Funds borrowed pursuant to subdivision (a) shall be repaid within 15 years from the date they are loaned, with interest at the rate earned from time to time on funds deposited in the State of California Local Agency Investment Fund. The indebtedness created pursuant to this section shall not be considered to meet the requirements imposed by Section 33333.8, and the agency shall comply in full with that section. If a redevelopment agency described in subdivision (a) is required to remit an amount of tax increment funds to the county auditor for deposit in the county's Educational Revenue Augmentation Fund, created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, then the time limit on repayment of the funds borrowed pursuant to this section shall be suspended for one year after the funds are remitted to the county auditor. In addition, the agency shall receive and use tax increment funds to pay the loan described in subdivision (a) until the funds borrowed pursuant to subdivision (a) have been fully repaid. The agency may not incur any obligation with respect to loans, advance of money, or indebtedness, or whether funded, refunded, assumed or otherwise, that would impair or delay its ability or capacity to repay the funds loaned pursuant to this section; except that the agency may incur indebtedness against non-Low and Moderate Income Housing Fund moneys if the proceeds of the indebtedness will be used to repay the funds borrowed pursuant to this section.SEC. 7. Section 33420.1 of the Health and Safety Code is amended to read: 33420.1. Within a project area, for any project undertaken by an agency for building rehabilitation or alteration in construction, an agency may take those actions which the agency determines necessary and which is consistent with local, state, and federal law, to provide for seismic retrofits as follows: (a) For unreinforced masonry buildings, to meet the requirements ofChapter 1 of the Appendix of the Uniform Code for Building Conservation of the International Conference of Building OfficialsAppendix Chapter A1 of the most current edition of the California Building Code . (b) For any buildings that qualify as "historical property" under Section 37602, to meet the requirements of the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13) and the most current edition of the California Historical Building Code . (c) For buildings other than unreinforced masonry buildings and historical properties, to meet the requirements of the most current edition of theUniform Building Code of the International Conference of Building OfficialsInternational Building Code, as applicable . If an agency undertakes seismic retrofits and proposes to add new territory to the project area, to increase either the limitation on the number of dollars to be allocated to the redevelopment agency or the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of Section 33333.2, to lengthen the period during which the redevelopment plan is effective, to merge project areas, or to add significant additional capital improvement projects, as determined by the agency, the agency shall amend its redevelopment plan and follow the same procedure, and the legislative body is subject to the same restrictions, as provided for in Article 4 (commencing with Section 33330) for the adoption of a plan.