Bill Text: CA AB1830 | 2011-2012 | Regular Session | Chaptered
Bill Title: Water service: mobilehome parks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-25 - Chaptered by Secretary of State - Chapter 539, Statutes of 2012. [AB1830 Detail]
Download: California-2011-AB1830-Chaptered.html
BILL NUMBER: AB 1830 CHAPTERED
BILL TEXT
CHAPTER 539
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2012
APPROVED BY GOVERNOR SEPTEMBER 25, 2012
PASSED THE SENATE AUGUST 27, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 22, 2012
An act to amend Section 2705.6 of the Public Utilities Code,
relating to mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1830, V. Manuel Pérez. Water service: mobilehome parks.
Existing law authorizes the Public Utilities Commission to
regulate public utilities, including water corporations. Under
existing law, a mobilehome park that provides water service only to
its tenants from water supplies and facilities that it owns, not
otherwise dedicated to public service, is not a water corporation,
but that mobilehome park is subject to the jurisdiction of the
commission to the extent that, if a tenant complains about the water
rates charged or service provided by the mobilehome park, the
commission is authorized to determine whether the rates charged are
just and reasonable and whether the service provided is adequate.
Existing law authorizes the commission to afford rate relief or to
order the mobilehome park to improve its water supply, facilities,
and services on those terms that it finds just and reasonable, or
both.
Under this bill, if a complaint is filed with the commission by
tenants of the mobilehome park that represent 10% or more of the park'
s water service connections during any 12-month period, claiming that
the water rates charged by the park are not just and reasonable or
that the service is inadequate, the commission would have
jurisdiction to determine the merits of the complaint and the bill
would require the commission to determine whether the rates charged
are just and reasonable and whether the water service provided is
adequate. The bill would require, for any complaint filed after
December 31, 2012, if the commission finds, after investigation, that
the mobilehome park is charging water rates that are unjust or
unreasonable, that the commission order the mobilehome park to
reimburse the complainants and any other current and former tenants
affected by the rate, if no discrimination will result from the
reimbursement. The bill would require a mobilehome park to provide
written notice to each of the mobilehome park's tenants to inform
those tenants of their right to, and how to, file a complaint with
the commission about the water rates charged or the service provided
by the mobilehome park using a standard notification prepared by the
commission. Because a violation of an order or decision of the
commission is a crime, this bill would impose a state-mandated local
program by creating a new crime.
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. This act shall be known, and may be cited, as the Lucas
D. Hernández Mobilehome Park Resident Protection Act.
SEC. 2. Section 2705.6 of the Public Utilities Code is amended to
read:
2705.6. (a) (1) A mobilehome park that provides water service
only to its tenants from water supplies and facilities that it owns,
not otherwise dedicated to public service, is not a water
corporation. However, if a complaint is filed with the commission by
tenants of the mobilehome park that represent 10 percent or more of
the park's water service connections during any 12-month period,
claiming that the water rates charged by the park are not just and
reasonable or that the service is inadequate, the commission shall
have jurisdiction to determine the merits of the complaint and shall
determine, based on all the facts and circumstances, whether the
rates charged are just and reasonable and whether the service
provided is adequate.
(2) The numerical threshold of persons may include former or
current tenants, or both.
(3) A person shall not file a complaint against a mobilehome park
pursuant to paragraph (1) if that person has not resided in that
mobilehome park within the last five years.
(b) Complaints filed pursuant to subdivision (a) are subject to
this code and to the Rules of Practice and Procedure of the
commission governing complaints and commission investigations.
(c) (1) A mobilehome park, as described in subdivision (a), shall
provide written notice to each of the mobilehome park's tenants to
inform those tenants of their right to, and how to, file a complaint
with the commission about the water rates charged or the service
provided by the mobilehome park. With respect to the notice, the
mobilehome park shall do all of the following:
(A) Provide the notice to new tenants at the time the tenants
establish residence within the mobilehome park.
(B) Provide the notice to tenants each time the mobilehome park
changes water rates or service.
(2) (A) Notwithstanding any other law, the notice provided by a
mobilehome park pursuant to paragraph (1) shall be written in
English, the languages set forth in subdivision (b) of Section 1632
of the Civil Code, and the language or languages of primary
communication with the residents receiving the notice.
(B) The commission shall prepare and make available on its
Internet Web site an approved notice in English and the languages set
forth in subdivision (b) of Section 1632 of the Civil Code. In
providing notice pursuant to paragraph (1), a mobilehome park shall
use the then-current language made available by the commission
pursuant to this subparagraph.
(3) A mobilehome park that fails to provide the notice required by
this subdivision shall be subject to the penalties established in
Section 2111.
(d) The commission may afford rate relief or may order the
mobilehome park to improve its water supply, facilities, and services
on those terms that it finds just and reasonable, or both.
(e) If the commission finds, after investigation, that the
mobilehome park has charged an unjust or unreasonable rate in
violation of this section subsequent to December 31, 2012, the
commission shall order the mobilehome park to reimburse the
complainants and any other current and former tenants affected by the
rate, if no discrimination will result from the reimbursement.
Reimbursement shall be calculated from the first date of collection
of the unjust or unreasonable rate, with interest. The commission
shall not make an order for the payment of reimbursement upon the
ground of unjustness or unreasonableness if the rate in question has
been previously declared by formal finding of the commission to be
reasonable. The commission shall not recognize the assignment of a
reimbursement claim except assignments by operation of law as in
cases of death, insanity, bankruptcy, receivership, or order of
court.
(f) The public advisor created pursuant to Section 321 and
necessary staff of the commission shall assist the complainants.
SEC. 3. 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.
