Bill Text: CA SB712 | 2023-2024 | Regular Session | Amended

California Senate Bill 712

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

Bill Title: Tenancy: personal micromobility devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 630, Statutes of 2023. [SB712 Detail]

Download: California-2023-SB712-Amended.html

Amended IN Senate March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 712

Introduced by Senator Portantino

February 16, 2023

An act to add Section 1940.41 to the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL'S DIGEST

SB 712, as amended, Portantino. Tenancy: micromobility devices.

Existing law regulates the terms and conditions of residential tenancies. Among other things, existing law prohibits a landlord from prohibiting a tenant from posting or displaying specified political signs or displaying religious items, as specified.

This bill would prohibit a landlord from prohibiting a tenant from owning a personal micromobility device or from storing a up to one personal micromobility device in their dwelling unit ~~unless the landlord provides secure, long-term storage for those devices.~~ for each person occupying the unit, subject to certain exceptions. The bill would define “micromobility device” for those purposes to ~~include wheelchairs, bicycles, e-bicycles, scooters, e-scooters, skateboards, and hoverboards.~~ mean a device that is powered by the physical exertion of the rider or an electric motor and is designed to transport one individual or one adult accompanied by up to 3 minors.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1940.41 is added to the Civil Code, to read:

1940.41.

(a) For purposes of this section:

(1) “Personal micromobility device” means a device with both of the following characteristics:
(A) It is powered by the physical exertion of the rider or an electric motor.
(B) It is designed to transport one individual or one adult accompanied by up to three minors.
(2) “Secure, long-term storage” means a location with all of the following characteristics:
(A) Access is limited to residents of the same housing complex.
(B) It is located on the premises.
(C) It is reasonably protected against precipitation.
(D) It has a minimum of one standard electrical connection for each personal micromobility device that will be stored in that location.
(E) Tenants are not charged for its use.

(b) A landlord shall not prohibit a tenant from either of the following:

(1) Owning personal micromobility devices.

(2) (A) Storing a up to one personal micromobility device in their dwelling unit ~~unless the landlord provides secure, long-term storage for those devices.~~ for each person occupying the unit.

(B) Subparagraph (A) does not apply if the landlord provides the tenant secure, long-term storage for the tenant’s personal micromobility devices.
(C) Subparagraph (B) does not apply to circumstances in which an occupant of the unit requires the use of a personal micromobility device as an accommodation for a disability.
~~(b)For purposes of this section, “micromobility devices” includes, but is not limited to, wheelchairs, bicycles, e-bicycles, scooters, e-scooters, skateboards, and hoverboards.~~
(c) This section does not require a landlord to modify or approve a tenant’s request to modify a rental dwelling unit for the purpose of storing a micromobility device inside of the dwelling unit.
(d) This section does not prohibit a landlord from doing either of the following:
(1) Prohibiting repair or maintenance of personal micromobility devices within a dwelling unit.
(2) Requiring a tenant to store a personal micromobility device in compliance with applicable fire code.
(e) This section does not limit the rights and remedies available to disabled persons under federal or state law.