Enrolled  September 03, 2024
Passed  IN  Senate  August 28, 2024
Passed  IN  Assembly  August 29, 2024
Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  June 25, 2024
Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 25, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2022

Introduced by Assembly Member Addis
(Coauthor: Assembly Member Kalra)

January 31, 2024

An act to amend, repeal, and add Section 18603 of the Health and Safety Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 2022, Addis. Mobilehome parks: emergency preparedness.
(1) Existing law, the Mobilehome Parks Act, generally regulates various classifications of mobilehome and related vehicle parks, and imposes enforcement duties on the Department of Housing and Community Development (department) and local enforcement agencies. Existing law requires every park with 50 or more units to have a person who is responsible for, and will respond in a timely manner to, emergencies concerning the operation and maintenance of the park that resides in the park and has knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and familiarity with the emergency preparedness plans for the park.
This bill would, starting January 1, 2027, require that person who is responsible for emergencies concerning the operation and maintenance of the park to have knowledge of emergency procedures relative to access to park entrances and exits.
(2) Existing law requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. For parks constructed after September 1, 2010, existing law requires an owner or operator of a park to adopt that plan before the issuance of the permit to operate. Existing law requires an owner or operator to post notice of the plan and provide information to residents relating to accessing the plan and individual emergency preparedness information, as specified. Existing law requires an enforcement agency to determine park compliance with these provisions if certain conditions have been met. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.
This bill would, instead, require, beginning January 1, 2027, an owner or operator of a mobilehome park to adopt an emergency preparedness plan, which includes prescribed elements, before renewal of a permit to operate for an existing park, and before the issuance and renewal of a permit to operate for a park constructed after January 1, 2027. The bill would require the emergency plan to include, among other things, a written statement by a park owner or manager of compliance with the emergency preparedness plan requirements. The bill would additionally require an owner or operator of a park to include in the above-described annual notice information on how to request a written copy of the plan via the internet. The bill would require an enforcement agency to ascertain compliance with those provisions through specified methods, and to refuse to issue or renew a permit to operate if a violation is not corrected within 60 days of notice of the violation and would authorize the enforcement agency to impose formal penalties. The bill would require park management to make a subsequent written statement under penalty of perjury before the issuance and renewal of the park’s permit to operate, if management does not correct the violation within 60 days of notice and formal penalties are issued by the enforcement agency.
The bill would also require the department to publicly post the above-described provisions on its internet website on or before June 30, 2026.
Because this bill would expand the crime of perjury and the scope of existing crimes under the Mobilehome Parks Act, the bill would impose a state-mandated local program.
(3) 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   Local Program: YES  

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


SECTION 1.

 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 their 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) (1) On or before September 1, 2010, an owner or operator of an existing park shall adopt an emergency preparedness plan.
(2) For a park constructed after September 1, 2010, an owner or operator of a park shall adopt a plan in accordance with this section prior to the issuance of the permit to operate.
(3) 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 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) In every park, an owner or operator of a park shall do both of the following:
(1) Post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the mobilehome park.
(2) Provide notice annually to all existing residents of how to access the plan and information on individual emergency preparedness contained therein and how to obtain the plan in a language other than English. This notice shall also be provided, upon approval of tenancy, to all new residents. 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) On or before June 30, 2026, the department shall publicly post on its internet website the requirements of this section that are to become operative on January 1, 2027, pursuant to Assembly Bill 2022 of the 2023–24 Regular Session.
(e) 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 during site inspections conducted in response to complaints of alleged violations, or for any other reason.
(f) 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.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 2.

 Section 18603 is added to the Health and Safety Code, 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 their designee shall reside in the park, have knowledge of emergency procedures relative to accessibility for utility systems, including, but not limited to, gas lines, hydrants, water systems, and electrical components, common facilities under the ownership and control of the owner of the park, and access to park entrances and exits, and shall be familiar with the emergency preparedness plans for the park.
(b) (1) Beginning January 1, 2027, an owner or operator of an existing park shall adopt an emergency preparedness plan in accordance with the requirements of this section prior to or at the time of submission of the renewal of its permit to operate.
(2) For a park constructed after January 1, 2027, an owner or operator of a park shall adopt a plan in accordance with this section prior to the issuance and renewal of its permit to operate.
(3) An owner or operator shall comply with paragraph (1) or (2), as applicable, by adopting both of the following:
(A) 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 Office of Emergency Services in compliance with the Governor’s Executive Order W-156-97, or any subsequent version.
(B) An emergency preparedness plan that includes all of the following:
(i) A written statement by a park owner or manager of compliance with this section, a copy of which shall be attached to its request to obtain or renew a permit to operate.
(ii) Identification of all accessible points of park entry or exit.
(iii) Identification of an agent of park management, a park manager, or volunteer designee resident who will be available to residents by the means described in subdivision (a) and who shall reasonably respond in a timely manner to ensure points of entry and exit are not locked or otherwise obstructed in the event of an emergency.
(iv) A copy of the Private Fire Hydrant Test and Certification Report and a written statement that all hydrants are operable and accessible to emergency personnel in the event of an emergency.
(v) A written statement that a person with professional knowledge or expertise has inspected the gas system within the park and that such system is in working order and accessible to emergency personnel and park management or a volunteer designee resident at all times in the event gas shut off is necessary.
(vi) Identification of an agent of park management, a park manager, or volunteer designee resident who will be available by the means described in subdivision (a) and who shall reasonably respond in a timely manner to assist in an evacuation ordered by emergency personnel according to the standards set forth within the park emergency plan. The agent, manager, or volunteer shall not be responsible for physically evacuating residents from their homes during an emergency.
(c) In every park, an owner or operator of a park shall do both of the following:
(1) Post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the mobilehome park.
(2) Provide notice annually to all existing residents of how to access the plan and information on individual emergency preparedness contained therein and how to obtain the plan in a language other than English. This notice shall also be provided, upon approval of tenancy, to all new residents. This shall be accomplished in a manner that includes, but is not limited to, distribution of materials to each household on an annual basis, posting notice of the plan in the most accessible common area in the park that is open and available to all residents, and providing information on how to access the plan and request a written copy via the internet.
(d) The department shall publicly post on its internet website the requirements of this section that become operative on January 1, 2027.
(e) An enforcement agency shall determine whether park management is in compliance with this section. The agency shall ascertain compliance by receipt of a copy of the plan during its review of the application for or renewal of a park’s permit to operate, site inspections conducted in response to complaints of alleged violations, or other reasons deemed appropriate by the agency to implement this section of law.
(f) 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. If the violation is not corrected within 60 days of notice of the violation, the enforcement agency shall refuse to issue or renew a permit to operate and may impose formal penalties.
(g) If park management does not correct a violation pursuant to subdivision (f) within 60 days of notice of the violation and formal penalties are issued by the enforcement agency, a subsequent written statement, as described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (b), shall be made under penalty of perjury before the issuance and renewal of the park’s permit to operate.
(h) This section shall become operative on January 1, 2027.

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.