BILL NUMBER: SB 245 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 29, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Senator Rubio
FEBRUARY 10, 2011
An act to amend, repeal, and add Section 18029.6 of the
Health and Safety Code, relating to smoke detectors.
An act to add Sections 13998.1, 13998.2, 13998.3, 13998.4, 13998.5,
13998.6, and 13998.7 to the Government Code, relating to the
retention of military base reuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 245, as amended, Rubio. Smoke detectors: mobilehomes,
manufactured homes, and commercial modulars. Military
installations: plan for retention and sustainability.
Existing law requires the Secretary of Business, Transportation
and Housing to develop and report to the Governor on legislative,
budgetary, and administrative programs to accomplish comprehensive,
long-range, coordinated planning and policy formulation in the
matters of public interest related to the agency.
This bill would establish the Office of Military Support in the
Business, Transportation and Housing Agency, and set forth its duties
and authority with respect to state and local defense retention and
conversion. It would provide that the Office of Military Support
would be in the charge of a director who would be appointed by the
Governor. The bill would authorize the office to establish a Military
Advisory Committee with a specified membership.
This bill also would authorize the office to seek private funds
for the operations of the office. The bill would establish the
Military Support Account in the Special Deposit Fund in the State
Treasury and require that any private funds the office accepts be
deposited in that account. The bill would authorize, upon the
approval of the Secretary of Business, Transportation and Housing,
the office to expend moneys in the account, upon appropriation by the
Legislature, for specified purposes of the office.
The Mobilehomes-Manufactured Housing Act of 1980 requires the
Department of Housing and Community Development to enforce various
laws pertaining to the structural, fire safety, plumbing,
heat-producing, or electrical systems and installations or equipment
of a manufactured home, mobilehome, special purpose commercial coach,
or commercial coach. Under existing law, a knowing violation of the
act, as specified, is punishable as a misdemeanor offense.
The act requires that on or after January 1, 2009, all used
manufactured homes, used mobilehomes, and used multifamily
manufactured homes that are sold have a smoke alarm installed in each
room for sleeping that is operable on the date of transfer of the
title. Existing law also requires that for manufactured homes and
multifamily manufactured homes manufactured on or after September 16,
2002, each smoke alarm comply with the federal Manufactured Housing
Construction and Safety Standards Act.
This bill would require that on or after July 1, 2012, all used
manufactured homes, mobilehomes, and multifamily manufactured homes
have a smoke alarm installed in each room designed for sleeping. The
bill would additionally impose new requirements and specifications
for manufactured homes, including those that are new and used,
manufactured at specified times, and for mobilehomes and multifamily
manufactured homes, manufactured at any time.
By expanding the scope of a crime, the bill would impose a
state-mandated local program.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the Military and Aerospace Support Act of 2011.
SEC. 2. The Legislature finds and declares as
follows:
(a) For over half a century, California's industries,
universities, businesses, and workers have contributed to our nation'
s defense, utilizing their capital, talents, and skills to develop
and bring to production important new technologies and advanced
weapons systems, aircraft, and missiles.
(b) Defense spending in California peaked at sixty billion dollars
($60,000,000,000) in 1988.
(c) California has experienced five rounds of base closures
resulting in the closure or realignment of 29 bases since 1988.
Additional bases may be considered for closure in future closure
rounds.
(d) California lost more federal payroll jobs from its 29 military
base closures under rounds one to four, inclusive, than all of the
rest of the states put together. The reduced military payroll,
including military and civilian employees, in California is
approximately 101,000 jobs. About 300,000 private sector defense
industry jobs in California have been lost.
(e) In preparation for the 2005 Base Realignment and Closure
(BRAC) the Legislature and Governor assumed a leadership role by
creating special committees in the Assembly and Senate, enacting
legislation that created the Office of Military and Aerospace
Support, and created the Base Retention Council. Meetings were held
statewide by the select committees and the council. A California
handbook was created and submitted to members of Congress and senior
DOD officials which stressed the military value of California
military installations and the missions.
(f) Previous military support legislation that created and enabled
California to meet the challenge of BRAC 2005 has expired.
(1) Senate Bill 1099 of the 1999-2000 Regular Session (SB 1099)
established the California Defense Retention and Conversion Act. SB
1099 created the California Defense Retention and Conversion Council
in the Trade and Commerce Agency and the Office of Military Base
Retention and Reuse (OMBRR). OMBRR and the Council were charged with
developing reports and a grant program to deal with the base closures
and protection of bases proposed for closure. The name of OMBRR was
subsequently changed to the Office of Military Support. The act
expired January 1, 2007.
(2) Senate Bill 926 of the 2003-04 Regular Session established the
Military and Aerospace Support Act. SB 926 repealed the statute
establishing the Defense Retention and Conversion Council, and
created the Office of Military and Aerospace Support (OMAS) in the
Business, Transportation and Housing Agency. OMAS was charged with
providing a central clearinghouse for all defense retention,
conversion, and base reuse activities and to communicate with
military installations in the state. SB 926 expired January 1, 2007.
(g) In August 6, 2006, Governor Schwarzenegger signed Executive
Order S-16-06, August 2006, creating the Governor's Advisor for
Military Affairs (AMA). AMA was tasked to coordinate the development
of state policies that are crucial to the military, including, but
not limited to, all of the following:
(1) Land use planning to ensure sustainability of defense
activities in California.
(2) Development of legislation that supports the
California-Department of Defense relationship.
(3) Working with the defense agencies to address regulatory
activities by state agencies that affect the sustainability of
defense operations in California.
(4) Working with relevant agency secretaries and the department
directors to identify critical staff in the administration to further
facilitate cooperation between the state and military.
(5) Serving as the Administration's lead advocate on state and
federal policy impacting the armed forces based in California.
(h) The AMA was never appointed.
(i) California needs a focused, coordinated defense retention and
conversion program within the state in order to protect the existing
defense installations and facilities within the state and to assist
those communities that have experienced an installation's closing.
(j) Currently, there are over 237,000 active duty and civilian
defense personnel in California.
(k) The direct Department of Defense expenditures in California
are over fifty-nine billion dollars ($59,000,000,000) for employees,
contracts, and capital investment.
(l) California has over 30 major active military installations.
(m) The Department of Defense pays three million dollars
($3,000,000) annually in fees, permits, and licenses within the
state.
(n) Having been the leader in the nation's defense effort, the
state must now also assume the role as leader in defending existing
military installations within its borders. That role will require a
coordinated effort to ensure that California promotes the necessity
of existing defense facilities, assists local governments and
organizations in planning retention efforts, and designs and
implements a single unified plan for active defense retention efforts
on the federal level.
(o) It is the intent of the Legislature that the state's role in
defense retention, conversion, and military support be consolidated
in the Business, Transportation and Housing Agency.
SEC. 3. Section 13998.1 is added to the
Government Code , to read:
13998.1. (a) The Legislature recognizes the potential for federal
legislation to close additional military installations nationwide.
In an effort to be proactive in retaining these facilities within
this state that are necessary for the defense of the nation and to
provide for a single, focused defense of these installations, the
Office of Military Support is hereby created in the Business,
Transportation and Housing Agency.
(b) The Office of Military Support shall be in the charge of a
director who is under the direction of the Secretary of Business,
Transportation and Housing. The director's title shall be the
Governor's Advisor on Military Affairs (AMA). The AMA shall be
appointed by the Governor. The AMA shall hold office at the pleasure
of the Governor and shall receive a salary fixed by the secretary
with the approval of the Department of Personnel Administration.
(c) It shall be the purpose of the office to provide a central
clearinghouse for all defense retention, conversion, base reuse, and
sustainability activities in the state and to interact and
communicate with military installations in the state.
(d) "Office" means Office of Military Support.
SEC. 4. Section 13998.2 is added to the
Government Code , to read:
13998.2. (a) The office may establish a Military Advisory
Committee to provide input, information, technical advice, or other
comments to the office on military-related matters, including, but
not limited to, active Department of Defense installations in this
state and defense conversion issues. The office may call meetings of
the committee at times and locations when necessary. Participation by
committee members is voluntary and there is no reimbursement for per
diem or expenses.
(b) The committee membership may include, but is not limited to,
policy level representatives from the following:
(1) The Secretary of Business, Transportation and Housing.
(2) The Secretary for Environmental Protection.
(3) The Director of Employment Development.
(4) The Director of Planning and Research.
(5) The Chairperson of the State Energy Resources, Conservation
and Development Commission.
(6) The Director of Transportation.
(7) The Executive Director of the Employment Training Panel.
(8) The Secretary for Natural Resources.
(9) The President of the University of California.
(10) The Chancellor of the California State University.
(11) The Chancellor of the California Community Colleges.
(12) The President pro Tempore of the Senate.
(13) The Speaker of the Assembly.
(14) The California Air Resources Board.
(15) The State Energy Resources, Conservation and Development
Commission.
(16) Any other legislative offices, state agencies, local
governments, industry, civic, and research organizations that may
have an interest in defense-related activities.
SEC. 5. Section 13998.3 is added to the
Government Code , to read:
13998.3. The Office of Military Support shall do all of the
following:
(a) Develop and recommend to the Governor and the Legislature a
strategic plan for state and local defense sustainability, retention,
and conversion efforts. The plan shall address the state's role in
assisting communities with potential base closures and those impacted
by previous closures. The office may coordinate with other state
agencies, local groups, and interested organizations on this
strategic plan to retain current Department of Defense installations,
facilities, bases, and related civilian activities.
(b) Conduct outreach to entities and parties involved in defense
retention and conversion across the state and provide a network to
facilitate assistance and coordination for all defense retention and
conversion activities within the state.
(c) Help develop and coordinate state retention advocacy efforts
at the federal level.
(d) (1) Conduct an evaluation of existing state retention and
conversion programs and provide the Legislature recommendations on
the continuation of existing programs, including, but not limited to,
the possible elimination or alteration of those programs. This
evaluation shall be transmitted to the Legislature.
(2) The office may provide recommendations to the Legislature on
the necessity of new programs for defense retention and adequate
funding levels.
(e) Utilize and update the plan prepared by the Military Advisory
Council prepared for the 2005 Base Realignment and Closure proceeding
to minimize California's loss of bases and jobs in future rounds of
base closures. This plan shall include, but not be limited to, all of
the following:
(1) Identification of major installations in this state.
(2) Determination of how best to defend existing bases and base
employment in this state.
(3) Coordination of retention activities with communities that may
face base closures.
(4) Development of data and analyses on bases in this state.
(5) Coordination with the congressional delegation, the
Legislature, and the Governor. With the consent of the appropriate
authority, the office may temporarily borrow technical, policy, and
administrative staff from other state agencies, including the
Legislature.
(f) Serve as the primary state liaison with the Department of
Defense and its installations in this state. In order to maximize the
mission use of the installations, the Office of Military Support
shall assist in resolving any disputes or issues between the
Department of Defense and state entities.
(g) Review actions or programs by state agencies that may affect
or impact Department of Defense installations or the state's military
base retention and reuse activities and recommend to the Governor
and the Legislature actions that may be taken to resolve or prevent
similar problems in the future.
(h) Where funds and resources are available, the office may
undertake all of the following activities:
(1) Provide a central clearinghouse for all base retention or
conversion assistance activities, including, but not limited to,
employee training programs and regulation review and permit
streamlining.
(2) Provide technical assistance to communities with potential or
existing base closure activities.
(3) Provide a central clearinghouse for all defense retention and
conversion funding, regulations, and application procedures for
federal or state grants.
(4) Serve as a central clearinghouse for input and information,
including needs, issues, and recommendations from businesses,
industry representatives, labor, local government, and communities
relative to retention and conversion efforts.
(5) Identify available state and federal resources to assist
businesses, workers, communities, and educational institutions that
may have a stake in retention and conversion activities.
(6) Provide one-stop coordination, maintain and disseminate
information, standardize state endorsement procedures, and develop
fast-track review procedures for proposals seeking state funds to
match federal defense conversion funding programs.
(7) Maintain and establish databases in such fields as
defense-related companies, industry organization proposals for the
state and federal defense industry, community assistance, training,
and base retention, and provide electronic access to the databases.
SEC. 6. Section 13998.4 is added to the
Government Code , to read:
13998.4. (a) The updated plan as provided in subdivision (e) of
Section 13998.3 shall include identification of whether other
military installations or missions located in other states could be
recruited to this state.
(b) The office shall submit to the Governor and the Legislature an
updated strategic plan pursuant to Section 13998.3 specific to the
federal BRAC 2005 process by January 1, 2015.
(c) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2019, pursuant to
Section 10231.5.
(2) A report to be submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795.
SEC. 7. Section 13998.5 is added to the
Government Code , to read:
13998.5. (a) The Office of Military Support shall apply for
grants and may seek contributions from private industry to fund its
operations.
(b) The office shall actively solicit and accept funds from
industry, foundations, or other sources to support its operations and
responsibilities under this chapter.
(c) Any private funds the office accepts shall be deposited into
the Military Support Account, which is hereby established in the
Special Deposit Fund in the State Treasury. The office may, upon the
approval of the Secretary of Business, Transportation and Housing,
expend moneys in the account, upon appropriation by the Legislature
in the annual Budget Act, for the purposes of this chapter and for no
other purpose. Records of funds received and expenditures made
pursuant to this section shall be subject to public disclosure. A
report describing the receipt and expenditure of these funds shall be
submitted to the Department of Finance, the Assembly Committee on
Budget, and the Senate Committee on Budget and Fiscal Review at least
biennially.
SEC. 8. Section 13998.6 is added to the
Government Code , to read:
13998.6. In addition to the duties specified in Section 13998.3,
the office shall prepare a study considering strategies for the
long-term protection of lands adjacent to military bases from
development that would be incompatible with the continuing missions
of those bases. The study shall include the effects of local land use
encroachment, environmental impact considerations, and population
growth issues. The study shall recommend basic criteria to assist
local governments in identifying lands where incompatible development
may adversely impact the long-term missions of these bases. The
study shall also identify potential mechanisms, including
recommendations for changes in law at the local or state level, to
address these issues.
SEC. 9. Section 13998.7 is added to the
Government Code , to read:
13998.7. The Business, Transportation and Housing Agency, with
input and assistance from the office, may establish a military
support grant program to grant funds to communities with military
bases to assist them in developing a retention strategy.
SECTION 1. Section 18029.6 of the Health and
Safety Code is amended to read:
18029.6. (a) (1) On or after January 1, 2009, all used
manufactured homes, used mobilehomes, and used multifamily
manufactured homes that are sold shall have a smoke alarm installed
in each room designed for sleeping that is operable on the date of
transfer of title. For manufactured homes and multifamily
manufactured homes manufactured on or after September 16, 2002, each
smoke alarm shall comply with the federal Manufactured Housing
Construction and Safety Standards Act. For manufactured homes and
multifamily manufactured homes manufactured before September 16,
2002, each smoke alarm shall be installed in accordance with the
terms of its listing and installation requirements, and
battery-powered smoke alarms shall be acceptable for use when
installed in accordance with the terms of their listing and
installation requirements.
(2) For manufactured homes and multifamily manufactured homes
manufactured before September 16, 2002, the smoke alarm manufacturer'
s information describing the operation, method and frequency of
testing, and proper maintenance of the smoke alarm shall be provided
to the purchaser for any smoke alarm installed pursuant to paragraph
(1).
(b) On or after January 1, 2009, the requirements of subdivision
(a) shall be satisfied if, within 45 days prior to the date of
transfer of title, the transferor signs a declaration stating that
each smoke alarm in the manufactured home, mobilehome, or multifamily
manufactured home is installed pursuant to subdivision (a) and is
operable on the date the declaration is signed.
(c) The department may promulgate rules and regulations to clarify
or implement this section.
(d) For sales of manufactured homes or mobilehomes installed on
real property pursuant to subdivision (a) of Section 18551, as to
real estate agents licensed pursuant to Division 4 (commencing with
Section 10000) of the Business and Professions Code, the real estate
licensee liability provisions of subdivisions (e), (f), and (g) of
Section 13113.8 shall apply to the disclosures required by this
section.
(e) This section shall become inoperative on July 1, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute that
is enacted before January 1, 2013, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 18029.6 is added to the Health
and Safety Code, to read:
18029.6. (a) On or after July 1, 2012, all used manufactured
homes, used mobilehomes, and used multifamily manufactured homes
shall have a smoke alarm installed in each room designed for
sleeping. For all manufactured homes and multifamily manufactured
homes manufactured on or after September 16, 2002, each smoke alarm
shall comply with the federal Manufactured Housing Construction and
Safety Standards Act. For manufactured homes manufactured before
September 16, 2002, and for mobilehomes and multifamily manufactured
homes manufactured at any time, each smoke alarm shall be installed
in accordance with the terms of its listing and installation
requirements, and battery-powered smoke alarms shall be acceptable
for use when installed in accordance with the terms of their listing
and installation requirements.
(b) On or after July 1, 2012, within 45 days prior to the date of
transfer of title and as a condition of transfer of title, the
transferor shall sign a declaration stating that each smoke alarm in
the manufactured home is installed pursuant to subdivision (a) and is
operable on the date the declaration is signed.
(c) The department may promulgate rules and regulations to clarify
or implement this section.
(d) For sales of manufactured homes or mobilehomes installed on
real property pursuant to subdivision (a) of Section 18551, as to
real estate agents licensed pursuant to Division 4 (commencing with
Section 10000) of the Business and Professions Code, the real estate
licensee liability provisions of subdivisions (e), (f), and (g) of
Section 13113.8 shall apply to the disclosures required by this
section.
(e) This section shall become operative on July 1, 2012.