Bill Text: CA SB944 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing omnibus.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 714, Statutes of 2016. [SB944 Detail]
Download: California-2015-SB944-Amended.html
Bill Title: Housing omnibus.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 714, Statutes of 2016. [SB944 Detail]
Download: California-2015-SB944-Amended.html
BILL NUMBER: SB 944 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Committee on Transportation and Housing (Senators
Beall (Chair), Allen, Bates, Cannella, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, and Wieckowski)
FEBRUARY 3, 2016
An act to amend Section 7044 of the Business and Professions
Code, to amend Sections 798.56a, 798.61, 1952.7,
4270, 5300, and 5570 of, to amend and renumber Section 4750.10 of,
and to add Chapter 2.5 (commencing with Section 1954.10) to Title 5
of Part 4 of Division 3 of, the Civil Code, to amend Sections
12955.9 12955.9, 65584.01, and 65863.10
of the Government Code, and to amend Sections 17913, 17922,
17922.3, 17958.1. 17959.1, 18080.5, 18935, 19990,
50074, and 50784.7 of, to add Section 50104.6.5 to, and
to repeal Sections 17921.3 and 17921.9 of, and to
repeal Chapter 4.7 (commencing with Section 50580) of Part 2 of
Division 31 of, the Health and Safety Code, relating to housing, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 944, as amended, Committee on Transportation and Housing.
Housing omnibus.
(1) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. Existing law imposes specified requirements on
home improvement contracts and service and repair contracts. Existing
law makes it a misdemeanor for a person to engage in the business or
act in the capacity of a contractor without a license and provides
certain exemptions from that licensure requirement, including
exemptions for owner-builders, as specified.
This bill would provide an additional exemption for a nonprofit
corporation providing assistance to an owner-builder who is
participating in a mutual self-help housing program, as specified.
(1)
(2) The Mobilehome Residency Law governs tenancies in
mobilehome parks and, among other things, authorizes the management
of a mobilehome park, under specified circumstances, to either remove
the mobilehome from the premises and place it in storage or store
the mobilehome on its site. Existing law provides the management with
a warehouse lien for these costs and imposes various duties on the
management to enforce this lien, including requiring the management
to file a notice with the county tax collector of the
management's intent to apply to have the mobilehome designated for
disposal after a warehouse lien sale and a notice of disposal
with the Department of Housing and Community Development no less than
10 days after the date of sale to enforce the lien against the
mobilehome in order to dispose of a mobilehome after a warehouse lien
sale, as specified.
This bill would instead require the management to file a
notice of intent to apply to have a mobilehome designated for
disposal wi th the tax collector and a notice of
disposal with the department no less than 30 days after the date of
sale to enforce the lien against the mobilehome.
Existing law also establishes procedures by which the management
may dispose of an abandoned mobilehome, including requiring that the
management file a notice of disposal with the department, and to
post and mail a notice of intent to dispose of the
abandoned mobilehome, as specified. The Manufactured Housing
Act of 1980 requires the department to enforce various laws
pertaining to manufactured housing, mobilehomes, park trailers,
commercial coaches, special purpose commercial coaches, and
recreational vehicles.
This bill would require the management to post and mail the
notice of intent to dispose of the abandoned mobilehome within 10
days following a judgment of abandonment and would require
the management to file a notice of disposal with the department
within 30 days following a judgment of abandonment, as specified.
This bill would authorize the department to adopt guidelines
related to procedures and forms to implement the above-described
disposal procedures for mobilehomes after a warehouse lien sale and
for abandoned mobilehomes until regulations are adopted by the
department to replace those guidelines.
(2)
(3) Existing law specifies cause for eviction of
participants in transitional housing programs, as defined, and
establishes a procedure for evicting program participants for
specified serious violations of the program's requirements, rules, or
regulations. Existing law authorizes a program operator to seek, on
his or her own behalf or on behalf of other participants or persons
residing within 100 feet of the program site, a temporary restraining
order and an injunction prohibiting abuse or misconduct by the
participant, the violation of which is a misdemeanor. Existing law
provides procedures for the program operator to exclude the
participant from the program site and recover the dwelling unit.
This bill would recast these provisions and repeal identical
provisions regarding eviction of participants in transitional housing
programs in the Health and Safety Code.
(3)
(4) Existing law voids any term in a lease renewed or
extended on or after January 1, 2015, that conveys any possessory
interest in commercial property that either prohibits or unreasonably
restricts, as defined, the installation or use of an electric
vehicle charging station in a parking space associated with the
commercial property. Existing law defines "electric vehicle charging
station" or "charging station" for these purposes as a station
designed in compliance with specified provisions of the National
Electrical Code that delivers electricity from a source outside an
electric vehicle into one or more electric vehicles.
This bill would instead define the term "electric vehicle charging
station" or "charging station" by reference to specified provisions
of the California Electrical Code.
(4)
(5) The Davis-Stirling Common Interest Development Act,
among other things, requires that the declaration, as defined, of a
common interest development include certain specified information and
allows for amendments to the declaration pursuant to either the
declaration or the provisions of the act. Under existing law, an
amendment to a declaration is generally effective after certain
specified requirements are met, except as provided.
This bill would clarify that the exception from those requirements
includes alternative procedures established in other specified
provisions of the act for approving, certifying, or recording an
amendment.
Existing law also provides that any provision, except for a
reasonable restriction, as defined, of a governing document, as
defined, of a common interest development is void and unenforceable
if it effectively prohibits or unreasonably restricts the use of a
clothesline or a drying rack, as defined, in an owner's backyard.
This bill would make nonsubstantive changes to this provision.
Existing law also requires the association of a common interest
development to prepare and distribute to all of its members certain
documents, including an annual budget report that includes specified
information. In the case of a common interest development that is a
condominium project, existing law requires that the annual budget
report include a statement describing the status of the common
interest development as a condominium project approved by either the
Federal Housing Administration or the federal
United States Department of Veterans Affairs, as specified,
including whether or not the common interest development is a
condominium project.
This bill would delete the requirement that the above-described
statement describe whether or not the common interest development is
a condominium project.
Existing law also requires the association of a common interest
development to distribute to its members an Assessment and Reserve
Funding Disclosure Summary form containing specified information,
including whether currently projected reserve account balances will
be sufficient at the end of each year to meet the association's
obligation for repair or replacement of major components during the
next 30 years and that all major components are included in the
reserve study and its calculations. Existing law defines "major
component" for these purposes by reference to a specified statute.
This bill would correct an erroneous reference to the statutory
definition of "major component" for these purposes.
(5)
(6) Under the California Fair Employment and Housing
Act, the owner of a housing accommodation is prohibited from
discriminating against or harassing any person on the basis of
certain personal characteristics, including familial status. The act
provides that its provisions relating to discrimination based on
familial status do not apply to housing for older persons, defined to
include, among others, mobilehome parks that meet the standards for
"housing for older persons" contained in the federal Fair Housing
Amendments Act of 1988.
This bill would instead require, for this purpose, mobilehome
parks to meet the standards for "housing for older persons" contained
in the federal Fair Housing Act, as amended by Public Law 104-76.
(7) The Planning and Zoning Law requires a city or county to
prepare and adopt a comprehensive, long-term general plan and
requires the general plan to include certain mandatory elements,
including a housing element. That law also requires the housing
element, in turn, to include, among other things, an assessment of
housing needs and an inventory of resources and constraints relevant
to the meeting of those needs. That law further requires the
Department of Housing and Community Development, for specified
revisions of the housing element, to determine the existing and
projected need for housing for each region, as specified.
This bill would make technical, nonsubstantive changes to this
provision.
(6)
(8) A provision of the Planning and Zoning Law requires
an owner of an assisted housing development proposing the
termination of a subsidy contract or prepayment of governmental
assistance or of an assisted housing development in which there will
be the expiration of rental restrictions to provide a notice of the
proposed change to each affected tenant household residing in the
assisted housing development, as specified. For the purposes of this
requirement, existing law defines "assisted housing development" to
mean a multifamily rental housing development that receives
governmental assistance under specified programs, including
tax-exempt private activity mortgage revenue bonds pursuant to a
specified federal statute.
This bill would provide that "assisted housing development"
includes a development receiving assistance from tax-exempt private
activity mortgage revenue bonds pursuant to the predecessors of that
specified federal statute.
(7)
(9) The California Building Standards Law provides for
the adoption of building standards by state agencies by requiring all
state agencies that adopt or propose adoption of any building
standard to submit the building standard to the California Building
Standards Commission for approval and adoption. Existing law requires
an adopting agency to submit the notice and initial statement of
reasons for proposed building standards to the commission. If, after
review, the commission determines that the notice and initial
statement of reasons comply with the Administrative
Procedures Procedure Act, existing law requires
that the commission submit those documents to the Office of
Administrative Law for the sole purpose of inclusion in the
California Regulatory Notice Register.
This bill would instead require that the commission submit only
the notice to the Office of Administrative Law.
(8)
(10) Existing law defines the term "housing sponsor"
for the purpose of various housing and home finance programs
administered by the Department of Housing and Community Development
to include various entities, including the duly constituted governing
body of an Indian reservation or rancheria, certified by the
California Housing Finance Agency as qualified to either own,
construct, acquire acquire, or
rehabilitate a housing development and subject to the regulatory
powers of the agency, as specified.
This bill would expand the definition of "housing sponsor" to
include a tribally designated housing entity. The bill would define
"tribally designated housing entity" by reference to a specified
provision of the federal Native American Housing Assistance and
Self-Determination Act of 1996.
(11) The State Housing Law requires the Department of Housing and
Community Development to notify specified entities of the dates that
each of the uniform codes published by specified organizations are
approved by the California Building Standards Commission. Existing
law also requires the building regulations and rules adopted by the
department to impose substantially the same requirements as are
contained in the more recent editions of various uniform industry
codes, as specified.
This bill would additionally require the department to notify
those entities of the dates that each of the international codes
published by specified organizations are approved by the California
Building Standards Commission. The bill would additionally require
the building regulations and rules adopted by the department to
impose substantially the same requirements as are contained in the
most recent editions of various international industry codes, as
specified, and would make conforming changes.
(12) Existing law requires all water closets and urinals installed
or sold in this state to meet specified requirements. Under existing
law, these provisions are operative until January 1, 2014, or until
the date on which the California Building Standards Commission
includes standards in the California Building Standards Code that
conform to these requirements.
This bill would repeal this provision.
(13) Existing law, until January 1, 1998, authorized the use of
CPVC piping in building construction in California, as specified.
This bill would repeal this provision.
(14) Existing law prohibits a residential structure that is moved
into, or within, the jurisdiction of a local agency or the department
from being treated as a new building structure, as specified.
This bill would make a technical change to this provision.
(15) Existing law requires a city or county to administratively
approve applications to install solar energy systems through the
issuance of a building permit or similar nondiscretionary permit, as
specified.
This bill would make a technical change to this provision.
(9)
(16) Existing law authorizes the Department of Housing
and Community Development to make loans from the Mobilehome Park
Rehabilitation and Purchase Fund, a continuously appropriated fund,
to, among other things, make loans to resident organizations or
qualified nonprofit sponsors for the purpose of assisting lower
income households in making needed repairs or accessibility-related
upgrades to their mobilehomes, if specified criteria are met.
This bill would additionally authorize loans to these entities to
assist lower income households in replacing their mobilehomes. By
authorizing the expenditure of moneys in a continuously appropriated
fund for a new purpose, this bill would make an appropriation.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7044 of the Business
and Professions Code is amended to read:
7044. (a) This chapter does not apply to any of the following:
(1) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:
(A) None of the improvements are intended or offered for sale.
(B) The property owner personally performs all of the work or any
work not performed by the owner is performed by the owner's employees
with wages as their sole compensation.
(2) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:
(A) The owner directly contracts with licensees who are duly
licensed to contract for the work of the respective trades involved
in completing the project.
(B) For projects involving single-family residential structures,
no more than four of these structures are intended or offered for
sale in a calendar year. This subparagraph shall not apply if the
owner contracts with a general contractor for the construction.
(3) A homeowner improving his or her principal place of residence
or appurtenances thereto, provided that all of the following
conditions exist:
(A) The work is performed prior to sale.
(B) The homeowner has actually resided in the residence for the 12
months prior to completion of the work.
(C) The homeowner has not availed himself or herself of the
exemption in this paragraph on more than two structures more than
once during any three-year period.
(4) A nonprofit corporation providing assistance to an
owner-builder, as defined in subdivision (a) of Section 50692 of the
Health and Safety Code, who is participating in a mutual self-help
housing program, as defined in Section 50078 of the Health and Safety
Code.
(b) In all actions brought under this chapter, both of the
following shall apply:
(1) Except as provided in paragraph (2), proof of the sale or
offering for sale of a structure by or for the owner-builder within
one year after completion of the structure constitutes a rebuttable
presumption affecting the burden of proof that the structure was
undertaken for purposes of sale.
(2) Proof of the sale or offering for sale of five or more
structures by the owner-builder within one year after completion
constitutes a conclusive presumption that the structures were
undertaken for purposes of sale.
SECTION 1. SEC. 2. Section 798.56a
of the Civil Code is amended to read:
798.56a. (a) Within 60 days after receipt of, or no later than 65
days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to
the management for the amount specified in its written offer. In that
event, the management shall have 15 days following receipt of the
offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its security interest in the
mobilehome.
(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse management
for the reasonable attorney's fees and court costs incurred by the
management in that action. If this request and offer are made, the
legal owner, if any, or junior lienholder, if any, shall reimburse
the management the amount of reasonable attorney's fees and court
costs, as agreed upon by the management and the legal owner or junior
lienholder, incurred by the management in an action to terminate the
homeowner's tenancy, on or before the earlier of (A) the 60th
calendar day following receipt of written notice from the management
of the aggregate amount of those reasonable attorney's fees and costs
or (B) the date the mobilehome is resold.
(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is resold
only if all of the following requirements are met:
(1) The legal owner, if any, or junior lienholder, if any,
notifies management in writing of the intention to exercise either
option described in paragraph (2) or (3) of subdivision (a) within 60
days following receipt of, or no later than 65 days after the
mailing of, the notice of termination of tenancy and satisfies all of
the responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice of
termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination of
tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.
(3) The legal owner, if any, or junior lienholder, if any,
complies with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.
(c) For purposes of subdivision (b), the "homeowner's
responsibilities and liabilities" means all rents, utilities,
reasonable maintenance charges of the mobilehome and its premises,
and reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.
(e) (1) Notwithstanding any other provision of law, including, but
not limited to, Section 18099.5 of the Health and Safety Code, if
neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) within the
period allowed, or performs as agreed within 30 days, or if a
registered owner of a mobilehome, that is not encumbered by a lien
held by a legal owner or a junior lienholder, fails to comply with a
notice of termination and is either legally evicted or vacates the
premises, the management may either remove the mobilehome from the
premises and place it in storage or store it on its site. In this
case, notwithstanding any other provision of law, the management
shall have a warehouse lien in accordance with Section 7209 of the
Commercial Code against the mobilehome for the costs of dismantling
and moving, if appropriate, as well as storage, that shall be
superior to all other liens, except the lien provided for in Section
18116.1 of the Health and Safety Code, and may enforce the lien
pursuant to Section 7210 of the Commercial Code either after the date
of judgment in an unlawful detainer action or after the date the
mobilehome is physically vacated by the resident, whichever occurs
earlier. Upon completion of any sale to enforce the warehouse lien in
accordance with Section 7210 of the Commercial Code, the management
shall provide the purchaser at the sale with evidence of the sale, as
shall be specified by the Department of Housing and Community
Development, that shall, upon proper request by the purchaser of the
mobilehome, register title to the mobilehome to this purchaser,
whether or not there existed a legal owner or junior lienholder on
this title to the mobilehome.
(2) (A) Notwithstanding any other law, if the management of a
mobilehome park acquires a mobilehome after enforcing the warehouse
lien and files a notice of disposal pursuant to subparagraph (B) with
the Department of Housing and Community Development to designate the
mobilehome for disposal, management or any other person enforcing
this warehouse lien shall not be required to pay past or current
vehicle license fees required by Section 18115 of the Health and
Safety Code or obtain a tax clearance certificate, as set forth in
Section 5832 of the Revenue and Taxation Code, provided that
management notifies the county tax collector in the county in which
the mobilehome is located of management's intent to apply to have the
mobilehome designated for disposal after a warehouse lien sale. The
written notice shall be sent to the county tax collector no less than
10 30 days after the date of the sale
to enforce the lien against the mobilehome by first class mail,
postage prepaid.
(B) (i) In order to dispose of a mobilehome after a warehouse lien
sale, the management shall file a notice of disposal with the
Department of Housing and Community Development in the form and
manner as prescribed by the department, no less than 30 days after
the date of sale to enforce the lien against the mobilehome.
(ii) After filing a notice of disposal pursuant to clause (i), the
management may dispose of the mobilehome after obtaining the
information required by applicable laws.
(C) (i) Within 30 days of the date of the disposal of the
mobilehome, the management shall submit to the Department of Housing
and Community Development all of the following information required
for completing the disposal process:
(I) Photographs identifying and demonstrating that the mobilehome
was uninhabitable by the removal or destruction of all appliances and
fixtures such as ovens, stoves, bathroom fixtures, and heating or
cooling appliances prior to its being moved.
(II) A statement of facts as to the condition of the mobilehome
when moved, the date it was moved, and the anticipated site of
further dismantling or disposal.
(III) The name, address, and license number of the person or
entity removing the mobilehome from the mobilehome park.
(ii) The information required pursuant to clause (i) shall be
submitted under penalty of perjury.
(D) For purposes of this paragraph, "dispose" or "disposal" shall
mean the removal and destruction of an abandoned mobilehome from a
mobilehome park, thus making it unusable for any purpose and not
subject to, or eligible for, use in the future as a mobilehome.
(f) All written notices required by this section, except the
notice in paragraph (2) of subdivision (e), shall be sent to the
other party by certified or registered mail with return receipt
requested.
(g) Satisfaction, pursuant to this section, of the homeowner's
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.
SEC. 3. Section 798.61 of the Civil
Code is amended to read:
798.61. (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(D) It is not permanently affixed to the land.
(2) As used in this section:
(A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1).
(C) "Dispose" or "disposal" shall mean the removal and destruction
of an abandoned mobilehome from a mobilehome park, thus making it
unusable for any purpose and not subject to, or eligible for, use in
the future as a mobilehome.
(b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
(c) (1) Thirty or more days following posting pursuant to
subdivision (b), the management may file a petition in the superior
court in the county in which the mobilehome park is located, for a
judicial declaration of abandonment of the mobilehome. A proceeding
under this subdivision is a limited civil case. Copies of the
petition shall be served upon the homeowner, any known registered
owner, and any known person having a lien or security interest of
record in the mobilehome by posting a copy on the mobilehome and
mailing copies to those persons at their last known addresses by
registered or certified mail with a return receipt requested in the
United States mail, postage prepaid.
(2) To dispose of an abandoned mobilehome pursuant to subdivision
(f), the management shall also do all of the following:
(A) Declare in the petition that the management will dispose of
the abandoned mobilehome, and therefore will not seek a tax clearance
certificate as set forth in Section 5832 of the Revenue and Taxation
Code.
(B) Declare in the petition whether the management intends to sell
the contents of the abandoned mobilehome before its disposal.
(C) Notify the county tax collector in the county in which the
mobilehome park is located of the declaration that management will
dispose of the abandoned mobilehome by sending a copy of the petition
by first class mail.
(D) Declare in the petition that management intends to file a
notice of disposal with the Department of Housing and Community
Development and complete the disposal process consistent with the
requirements of subdivision (f).
(d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the hearing
and tenders all past due rent and other charges, the court shall
enter a judgment of abandonment, determine the amount of charges to
which the petitioner is entitled, and award attorney's fees and costs
to the petitioner. For purposes of this subdivision, an interest in
the mobilehome shall be established by evidence of a right to
possession of the mobilehome or a security or ownership interest in
the mobilehome.
(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
(e) To sell an abandoned mobilehome, the management shall do all
of the following:
(1) (A) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(B) During this period the management shall post and mail a notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of sale, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b). The management shall also provide notice to the
county tax collector in the county in which the mobilehome park is
located.
(C) At any time prior to the sale of an abandoned mobilehome or
its contents under this section, any person having a right to
possession of the abandoned mobilehome may recover and remove it from
the premises upon payment to the management of all rent or other
charges due, including reasonable costs of storage and other costs
awarded by the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this paragraph,
the management shall immediately file an acknowledgment of
satisfaction of judgment pursuant to Section 724.030 of the Code of
Civil Procedure.
(2) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in paragraph (1), the
management may conduct a public sale of the abandoned mobilehome, its
contents, or both. The management may bid at the sale and shall have
the right to offset its bids to the extent of the total amount due
it under this section. The proceeds of the sale shall be retained by
the management, but any unclaimed amount thus retained over and above
the amount to which the management is entitled under this section
shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days of
the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid.
(3) Within 30 days of the date of the sale, the management shall
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in the
inventory submitted to the court pursuant to paragraph (1).
(4) The management shall provide the purchaser at the sale of an
abandoned mobilehome with a copy of the judgment of abandonment and
evidence of the sale, as shall be specified by the Department of
Housing and Community Development, which shall register title in the
abandoned mobilehome to the purchaser upon presentation thereof
within 20 days of purchase. The sale shall pass title to the
purchaser free of any prior interest, including any security interest
or lien, except the lien provided for in Section 18116.1 of the
Health and Safety Code, in the abandoned mobilehome.
(f) To dispose of an abandoned mobilehome, the management shall do
all of the following:
(1) (A) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(B) During this period Within
10 days following a judgment of abandonment, the management
shall post and mail a notice of intent to dispose of the abandoned
mobilehome and its contents under this section, and announcing the
date of disposal, in the same manner as provided for the notice of
determination of abandonment under subdivision (b). The management
shall also provide notice to the county tax collector in the county
in which the mobilehome park is located.
(C) (i) The Within 30 days following a
judgment of abandonment, the management shall file a notice of
disposal with the Department of Housing and Community Development in
the form and manner as prescribed by the department.
(ii) Notwithstanding any other law, when filing a notice of
disposal pursuant to clause (i), the management shall not be required
to pay past or current vehicle license fees required by Section
18115 of the Health and Safety Code or obtain a tax clearance
certificated as set forth in Section 5832 of the Revenue and Taxation
Code, provided that the management notifies the county tax collector
in the county in which the mobilehome is located of the management's
intent to apply to have the mobilehome designated for disposal
pursuant to this subdivision. The written notice shall be sent to the
county tax collector no less than 10 days after the date of the
abandonment judgment by first class mail, postage prepaid.
(D) At any time prior to the disposal of an abandoned mobilehome
or its contents under this section, any person having a right to
possession of the abandoned mobilehome may recover and remove it from
the premises upon payment to the management of all rent or other
charges due, including reasonable costs of storage and other costs
awarded by the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this
subparagraph, the management shall immediately file an acknowledgment
of satisfaction of judgment pursuant to Section 724.030 of the Code
of Civil Procedure and a cancellation of the notice of disposal with
the Department of Housing and Community Development.
(2) Following the judgment of abandonment and approval of the
notice of disposal by the Department of Housing and Community
Development, but not less than 10 days following the notice of
disposal specified in paragraph (1), the management may dispose of
the abandoned mobilehome after obtaining the information required in
subparagraph (A) of paragraph (3).
(3) (A) Within 30 days of the date of the disposal of an abandoned
mobilehome and its contents, the management shall do both of the
following:
(i) Submit to the court and the county tax collector in the county
in which the mobilehome park is located a statement that the
abandoned mobilehome and its contents were disposed with supporting
documentation.
(ii) (I) Submit to the Department of Housing and Community
Development all of the following information required for completing
the disposal process:
(ia) Photographs identifying and demonstrating that the mobilehome
was uninhabitable by the removal or destruction of all appliances
and fixtures such as ovens, stoves, bathroom fixtures, and heating or
cooling appliances prior to its being moved.
(ib) A statement of facts as to the condition of the mobilehome
when moved, the date it was moved, and the anticipated site of
further dismantling or disposal.
(ic) The name, address, and license number of the person or entity
removing the mobilehome from the mobilehome park.
(II) The information required pursuant to subclause (I) shall be
submitted under penalty of perjury.
(B) Within 30 days of the date of the disposal of an abandoned
mobilehome or the date of the sale of its contents, whichever date is
later, the management shall submit to the court and the county tax
collector in the county in which the mobilehome park is located an
accounting of the moneys received from the sale and the disposition
of the money and the items contained in the inventory submitted to
the court pursuant to paragraph (1) and a statement that the
abandoned mobilehome was disposed with supporting documentation.
(g) Notwithstanding any other law, the management shall not be
required to obtain a tax clearance certificate, as set forth in
Section 5832 of the Revenue and Taxation Code, to dispose of an
abandoned mobilehome and its contents pursuant to subdivision (f).
However, any sale pursuant to this section shall be subject to the
registration requirements of Section 18100.5 of the Health and Safety
Code and the tax clearance certificate requirements of Section
18092.7 of the Health and Safety Code.
(h) Notwithstanding any other law, forms and procedures made
available for the implementation of Chapter 376 of the Statutes of
2015 shall not be subject to Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2. SEC. 4. Chapter 2.5
(commencing with Section 1954.10) is added to Title 5 of Part 4 of
Division 3 of the Civil Code, to read:
CHAPTER 2.5. TRANSITIONAL HOUSING PARTICIPANT MISCONDUCT
Article 1. General Provisions and Definitions
1954.10. This chapter shall be known and may be cited as the
Transitional Housing Participant Misconduct Act.
1954.11. In enacting this chapter, it is the intent of the
Legislature to prevent the recurrence of acts of substantial
disruption or violence by participants in transitional housing
programs against other such participants, program staff, or immediate
neighbors of the participants.
1954.12. The following definitions shall govern the construction
of this chapter:
(a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or sexual assault or placing
another person in reasonable apprehension of imminent serious bodily
injury to himself, herself, or another, where the injured person is
another participant, program operator's staff
staff, or a person residing within 100 feet of the program
site.
(b) "Homeless person" means an individual or family who, prior to
participation in a transitional housing program, either lacked a
fixed, regular, and adequate nighttime residence or had a primary
nighttime residence, that was one of the following:
(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations, including, but not
limited to, welfare hotels, congregate shelters
shelters, and transitional housing for the mentally ill.
(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.
(3) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
(c) "Participant" means a homeless person under contract with a
program operator to participate in a transitional housing program and
to use a dwelling unit in the program site. For the purposes of
naming a defendant under this part, or a person to be protected under
this part, "participant" shall include a person living with a
participant at the program site. The contract shall specifically
include the transitional housing program rules and regulations, a
statement of the program operator's right of control over and access
to the program unit occupied by the participant, and a restatement of
the requirements and procedures of this chapter.
(d) "Program misconduct" means any intentional violation of
the transitional housing program rules and regulations which (1)
substantially interferes with the orderly operation of the
transitional housing program, and (2) relates to drunkenness on the
program site, unlawful use or sale of controlled substances, theft,
arson, or destruction of the property of the program operator,
persons living within 100 feet of the program site, program
employees, or other participants, or (3) relates to violence or
threats of violence, and harassment of persons living within 100 feet
of the program site, program employees, or of other participants.
(e) "Program operator" means a governmental agency, or private
nonprofit corporation receiving any portion of its transitional
housing program funds from a governmental agency, which is operating
a transitional housing program. "Program operator" also includes any
other manager or operator hired by a governmental agency or nonprofit
corporation to operate its transitional housing program.
(f) "Program site" means the real property containing a dwelling
unit, the use of which is granted to a participant, and other
locations where program activities or services are carried out or
provided, subject to the participant's compliance with the
transitional housing program rules and regulations.
(g) "Transitional housing program" means any program which is
designed to assist homeless persons in obtaining skills necessary for
independent living in permanent housing and which has all of the
following components:
(1) Comprehensive social service programs which include regular
individualized case management services and which may include alcohol
and drug abuse counseling, self-improvement education, employment
and training assistance services, and independent living skills
development.
(2) Use of a program unit as a temporary housing unit in a
structured living environment which use is conditioned upon
compliance with the transitional housing program rules and
regulations.
(3) A rule or regulation which specifies an occupancy period of
not less than 30 days, but not more than 24 months.
Article 2. Temporary Restraining Order and Injunction
1954.13. (a) The program operator may seek, on its own behalf or
on behalf of other participants, project employees, or persons
residing within 100 feet of the program site, a temporary restraining
order and an injunction prohibiting abuse or program misconduct as
provided in this chapter. A program operator may not seek a temporary
restraining order, pursuant to this section, against a participant
after the participant has been under contract with the program
operator for at least six months or longer, except when an action is
pending against the participant or a temporary restraining order is
in effect and subject to further orders. Nothing in this section
shall be construed to authorize a person residing within 100 feet of
the program site to seek a temporary restraining order or injunction
under this chapter.
(b) Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order in
accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program operator,
a program participant, or an individual residing within 100 feet of
the program site before the matter can be heard on notice. The
program operator or the program operator's attorney shall state in an
affidavit to the court (1) that within a reasonable time prior to
the application for a temporary restraining order he or she informed
the opposing party or his or her attorney at what time and where the
application would be made, (2) that he or she in good faith attempted
to so inform the opposing party and his or her attorney but was
unable to so inform the opposing attorney or his or her party,
specifying the efforts made to contact them, or (3) that for reasons
specified he or she should not be required to inform the opposing
party or his or her attorney.
A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great or
irreparable harm would result. A temporary restraining order granted
under this section shall remain in effect, at the court's discretion,
for a period not to exceed five days, unless otherwise modified,
extended, or terminated by the court.
(c) The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not later
than five days from the date of the order. When the matter comes up
for hearing, the party who obtained the temporary restraining order
shall be ready to proceed and shall have personally served upon the
opposite party at least two days prior to the hearing, a copy of the
petition, a copy of the temporary restraining order, if any, the
notice of hearing, copies of all affidavits to be used in the
application, and a copy of any points and authorities in support of
the petition. If the party who obtained the temporary restraining
order is not ready, or if he or she fails to serve a copy of his or
her petition, affidavits, and points and authorities, as herein
required, the court shall dissolve the temporary restraining order.
The court may, upon the filing of an affidavit by the program
operator or his or her attorney, that the participant could not be
served on time, reissue any temporary restraining order previously
issued pursuant to this section and dissolved by the court for
failure to serve the participant. An order reissued under this
section shall state on its face the new date of expiration of the
order. No fees shall be charged for the reissuance of any order under
this section. The participant shall be entitled to a continuance,
provided that the request is made on or before the hearing date and
the hearing shall be set for a date within 15 days of the
application, unless the participant requests a later date. The court
may extend, or modify and extend, any temporary restraining order
until the date and time upon which the hearing is held. The
participant may file a response which explains, excuses, justifies,
or denies the alleged conduct. No fee shall be charged for the filing
of a response. At the hearing, the judge shall receive any testimony
or evidence that is relevant, and may make an independent inquiry.
If the judge finds by clear and convincing evidence that program
misconduct or abuse exists, an injunction shall issue prohibiting
that conduct. An injunction issued pursuant to this section shall
have a duration of not more than one year. At any time within the
three months before the expiration of the injunction, the program
operator may apply for renewal of the injunction by filing a new
petition for an injunction under this section.
(d) In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding the
participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or a
person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to one
of these individuals if the order is not issued. An order excluding
the participant from the program site may be included in the
temporary restraining order only in an emergency where it is
necessary to protect another participant, a project employee, or an
individual who lives within 100 feet of the project site from
imminent serious bodily injury.
(e) Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(f) The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded by
the federal Legal Services Corporation which provides legal services
to low-income persons in the county in which the action is filed. The
notice shall indicate that this number may be called for legal
advice concerning the filing of a response to the petition.
(g) Nothing in this chapter shall preclude the program operator's
right to utilize other existing civil remedies. An order issued under
this section shall not affect the rights of anyone not named in the
order.
1954.14. (a) The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business day
on which the order was granted, to the law enforcement agencies
having jurisdiction over the program site. Each law enforcement
agency may make available information as to the existence and current
status of these orders to law enforcement officers responding to the
scene of reported abuse or program misconduct.
(b) Any willful disobedience of any temporary restraining order or
injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.
(c) If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.
1954.15. If a participant has violated an order issued under
Section 1954.13, the participant shall be considered to have failed
to perform the conditions of the agreement under which the property
is held as provided in subsection 3 of Section 1161 of the Code of
Civil Procedure, which conditions cannot afterward be performed.
1954.16. The Judicial Council shall promulgate forms and related
instructions to implement the procedures required by this chapter.
The petition and response forms shall be simple and concise.
Article 3. Recovery of Dwelling
1954.17. If, after hearing pursuant to this chapter, an order
excluding the participant from the program site is issued, the
program operator may, without further notice, take possession of the
participant's dwelling unit on the program site. The program operator
shall have the same rights to the dwelling unit as if it had been
recovered after abandonment in accordance with Section 1951.3 and
without objection of the participant. If other participants,
including the defendant participant's family members, reside in the
dwelling unit, the abandonment shall be deemed only to affect the
rights of the individual or individuals against whom the order was
issued.
1954.18. If the program operator takes possession of the
property, pursuant to this article, the program operator shall give
the subject participant a reasonable opportunity to remove the
participant's property from his or her dwelling unit on the program
site, and, thereafter, the program operator may consider the
remaining subject participant's property to be abandoned property
pursuant to Chapter 5 (commencing with Section 1980).
SEC. 3. SEC. 5. Section 1952.7 of
the Civil Code is amended to read:
1952.7. (a) (1) Any term in a lease that is executed, renewed, or
extended on or after January 1, 2015, that conveys any possessory
interest in commercial property that either prohibits or unreasonably
restricts the installation or use of an electric vehicle charging
station in a parking space associated with the commercial property,
or that is otherwise in conflict with the provisions of this section,
is void and unenforceable.
(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.
(3) This subdivision shall not grant the holder of a possessory
interest under the lease described in paragraph (1) the right to
install electric vehicle charging stations in more parking spaces
than are allotted to the leaseholder in his or her lease, or, if no
parking spaces are allotted, a number of parking spaces determined by
multiplying the total number of parking spaces located at the
commercial property by a fraction, the denominator of which is the
total rentable square feet at the property, and the numerator of
which is the number of total square feet rented by the leaseholder.
(4) If the installation of an electric vehicle charging station
has the effect of granting the leaseholder a reserved parking space
and a reserved parking space is not allotted to the leaseholder in
the lease, the owner of the commercial property may charge a
reasonable monthly rental amount for the parking space.
(b) This section shall not apply to any of the following:
(1) A commercial property where charging stations already exist
for use by tenants in a ratio that is equal to or greater than
two 2 available parking spaces for
every 100 parking spaces at the commercial property.
(2) A commercial property where there are less than 50 parking
spaces.
(c) For purposes of this section:
(1) "Electric vehicle charging station" or "charging station"
means a station that is designed in compliance with Article 625 of
the California Electrical Code, as it reads on the effective date of
this section, and delivers electricity from a source outside an
electric vehicle into one or more electric vehicles.
(2) "Reasonable costs" includes, but is not limited to, costs
associated with those items specified in the "Permitting Checklist"
of the "Zero-Emission Vehicles in California: Community Readiness
Guidebook" published by the Office of Planning and Research.
(3) "Reasonable restrictions" or "reasonable standards" are
restrictions or standards that do not significantly increase the cost
of the electric vehicle charging station or its installation or
significantly decrease the charging station's efficiency or specified
performance.
(d) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities as well as all other applicable zoning, land use,
or other ordinances, or land use permit requirements.
(e) If lessor approval is required for the installation or use of
an electric vehicle charging station, the application for approval
shall not be willfully avoided or delayed. The approval or denial of
an application shall be in writing.
(f) An electric vehicle charging station installed by a lessee
shall satisfy the following provisions:
(1) If lessor approval is required, the lessee first shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
complies with the applicable provisions of the lease consistent with
the provisions of this section and agrees in writing to do all of the
following:
(A) Comply with the lessor's reasonable standards for the
installation of the charging station.
(B) Engage a licensed contractor to install the charging station.
(C) Within 14 days of approval, provide a certificate of insurance
that names the lessor as an additional insured under the lessee's
insurance policy in the amount set forth in paragraph (3).
(2) The lessee shall be responsible for all of the following:
(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.
(B) Costs for the maintenance, repair, and replacement of the
charging station.
(C) The cost of electricity associated with the charging station.
(3) The lessee at all times, shall maintain a lessee liability
coverage policy in the amount of one million dollars ($1,000,000),
and shall name the lessor as a named additional insured under the
policy with a right to notice of cancellation and property insurance
covering any damage or destruction caused by the charging station,
naming the lessor as its interests may appear.
(g) A lessor may, in its sole discretion, create a new parking
space where one did not previously exist to facilitate the
installation of an electric vehicle charging station, in compliance
with all applicable laws.
(h) Any installation by a lessor or a lessee of an electric
vehicle charging station in a common interest development is also
subject to all of the requirements of subdivision (f) of Section
4745 of the Civil Code. 4745.
SEC. 4. SEC. 6. Section 4270 of the
Civil Code is amended to read:
4270. (a) A declaration may be amended pursuant to the
declaration or this act. Except where an alternative process for
approving, certifying, or recording an amendment is provided in
Section 4225, 4230, 4235, or 4275, an amendment is effective after
all of the following requirements have been met:
(1) The amendment has been approved by the percentage of members
required by the declaration and any other person whose approval is
required by the declaration.
(2) That fact has been certified in a writing executed and
acknowledged by the officer designated in the declaration or by the
association for that purpose, or if no one is designated, by the
president of the association.
(3) The amendment has been recorded in each county in which a
portion of the common interest development is located.
(b) If the declaration does not specify the percentage of members
who must approve an amendment of the declaration, an amendment may be
approved by a majority of all members, pursuant to Section 4065.
SEC. 5. SEC. 7. Section 4750.10 of
the Civil Code is amended and renumbered to read:
4753. (a) For the purposes of this section, "clothesline"
includes a cord, rope, or wire from which laundered items may be hung
to dry or air. A balcony, railing, awning, or other part of a
structure or building shall not qualify as a clothesline.
(b) For the purposes of this section, "drying rack" means an
apparatus from which laundered items may be hung to dry or air. A
balcony, railing, awning, or other part of a structure or building
shall not qualify as a drying rack.
(c) Any provision of a governing document, as defined in Section
4150, shall be void and unenforceable if it effectively prohibits or
unreasonably restricts an owner's ability to use a clothesline or
drying rack in the owner's backyard.
(d) (1) This section does not apply to provisions that impose
reasonable restrictions on an owner's backyard for the use of a
clothesline or drying rack.
(2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of using a
clothesline or drying rack.
(3) This section applies only to backyards that are designated for
the exclusive use of the owner.
(e) Nothing in this section shall prohibit an association from
establishing and enforcing reasonable rules governing clotheslines or
drying racks.
SEC. 6. SEC. 8. Section 5300 of the
Civil Code, as added by Section 2 of Chapter 184 of the Statutes of
2015, is amended to read:
5300. (a) Notwithstanding a contrary provision in the governing
documents, an association shall distribute an annual budget report 30
to 90 days before the end of its fiscal year.
(b) Unless the governing documents impose more stringent
standards, the annual budget report shall include all of the
following information:
(1) A pro forma operating budget, showing the estimated revenue
and expenses on an accrual basis.
(2) A summary of the association's reserves, prepared pursuant to
Section 5565.
(3) A summary of the reserve funding plan adopted by the board, as
specified in paragraph (5) of subdivision (b) of Section 5550. The
summary shall include notice to members that the full reserve study
plan is available upon request, and the association shall provide the
full reserve plan to any member upon request.
(4) A statement as to whether the board has determined to defer or
not undertake repairs or replacement of any major component with a
remaining life of 30 years or less, including a justification for the
deferral or decision not to undertake the repairs or replacement.
(5) A statement as to whether the board, consistent with the
reserve funding plan adopted pursuant to Section 5560, has determined
or anticipates that the levy of one or more special assessments will
be required to repair, replace, or restore any major component or to
provide adequate reserves therefor. If so, the statement shall also
set out the estimated amount, commencement date, and duration of the
assessment.
(6) A statement as to the mechanism or mechanisms by which the
board will fund reserves to repair or replace major components,
including assessments, borrowing, use of other assets, deferral of
selected replacements or repairs, or alternative mechanisms.
(7) A general statement addressing the procedures used for the
calculation and establishment of those reserves to defray the future
repair, replacement, or additions to those major components that the
association is obligated to maintain. The statement shall include,
but need not be limited to, reserve calculations made using the
formula described in paragraph (4) of subdivision (b) of Section
5570, and may not assume a rate of return on cash reserves in excess
of 2 percent above the discount rate published by the Federal Reserve
Bank of San Francisco at the time the calculation was made.
(8) A statement as to whether the association has any outstanding
loans with an original term of more than one year, including the
payee, interest rate, amount outstanding, annual payment, and when
the loan is scheduled to be retired.
(9) A summary of the association's property, general liability,
earthquake, flood, and fidelity insurance policies. For each policy,
the summary shall include the name of the insurer, the type of
insurance, the policy limit, and the amount of the deductible, if
any. To the extent that any of the required information is specified
in the insurance policy declaration page, the association may meet
its obligation to disclose that information by making copies of that
page and distributing it with the annual budget report. The summary
distributed pursuant to this paragraph shall contain, in at least
10-point boldface type, the following statement:
"This summary of the association's policies of insurance provides
only certain information, as required by Section 5300 of the Civil
Code, and should not be considered a substitute for the complete
policy terms and conditions contained in the actual policies of
insurance. Any association member may, upon request and provision of
reasonable notice, review the association's insurance policies and,
upon request and payment of reasonable duplication charges, obtain
copies of those policies. Although the association maintains the
policies of insurance specified in this summary, the association's
policies of insurance may not cover your property, including personal
property or real property improvements to or around your dwelling,
or personal injuries or other losses that occur within or around your
dwelling. Even if a loss is covered, you may nevertheless be
responsible for paying all or a portion of any deductible that
applies. Association members should consult with their individual
insurance broker or agent for appropriate additional coverage."
(10) When the common interest development is a condominium
project, a statement describing the status of the common interest
development as a Federal Housing Administration (FHA)-approved
condominium project pursuant to FHA guidelines, including whether the
common interest development is an FHA-approved condominium project.
The statement shall be in at least 10-point font on a separate piece
of paper and in the following form:
"Certification by the Federal Housing Administration may provide
benefits to members of an association, including an improvement in an
owner's ability to refinance a mortgage or obtain secondary
financing and an increase in the pool of potential buyers of the
separate interest.
The association of this common interest development is/is not
(circle one)] certified by the Federal Housing Administration."
(11) When the common interest development is a condominium
project, a statement describing the status of the common interest
development as a federal United States
Department of Veterans Affairs (VA)-approved condominium project
pursuant to VA guidelines, including whether the common interest
development is a VA-approved condominium project. The statement shall
be in at least 10-point font on a separate piece of paper and in the
following form:
"Certification by the federal Department of Veterans Affairs may
provide benefits to members of an association, including an
improvement in an owner's ability to refinance a mortgage or obtain
secondary financing and an increase in the pool of potential buyers
of the separate interest.
The association of this common interest development is/is not
(circle one)] certified by the federal Department of Veterans
Affairs."
(c) The annual budget report shall be made available to the
members pursuant to Section 5320.
(d) The summary of the association's reserves disclosed pursuant
to paragraph (2) of subdivision (b) shall not be admissible in
evidence to show improper financial management of an association,
provided that other relevant and competent evidence of the financial
condition of the association is not made inadmissible by this
provision.
(e) The Assessment and Reserve Funding Disclosure Summary form,
prepared pursuant to Section 5570, shall accompany each annual budget
report or summary of the annual budget report that is delivered
pursuant to this article.
(f) This section shall become operative on July 1, 2016.
SEC. 7. SEC. 9. Section 5570 of the
Civil Code is amended to read:
5570. (a) The disclosures required by this article with regard to
an association or a property shall be summarized on the following
form:
Assessment and Reserve Funding Disclosure Summary For the Fiscal
Year Ending _____
(1) The regular assessment per ownership interest is $_____ per
____. Note: If assessments vary by the size or type of ownership
interest, the assessment applicable to this ownership interest may be
found on page _____ of the attached summary.
(2) Additional regular or special assessments that have
already been scheduled to be imposed or charged, regardless of the
purpose, if they have been approved by the board and/or members:
+---------------+----------------+-----------------+
| | Amount per | |
| | ownership | |
| | interest per | |
| | month or year | |
| | (If assessments| |
| | are variable, | |
| | see | |
| Date | note | |
| assessment | immediately | Purpose of the |
| will be due: | below): | assessment: |
+---------------+----------------+-----------------+
| | | |
+---------------+----------------+-----------------+
| | | |
+---------------+----------------+-----------------+
| | | |
+---------------+----------------+-----------------+
| |Total: | |
+---------------+----------------+-----------------+
Note: If assessments vary by the size or type of ownership
interest, the assessment applicable to this ownership interest may be
found on page ____ of the attached report.
(3) Based upon the most recent reserve study and other
information available to the board of directors, will currently
projected reserve account balances be sufficient at the end of each
year to meet the association's obligation for repair and/or
replacement of major components during the next 30 years?
Yes _____ No _____
(4) If the answer to (3) is no, what additional assessments or
other contributions to reserves would be necessary to ensure that
sufficient reserve funds will be available each year during the next
30 years that have not yet been approved by the board or the members?
+------------------+-------------+
| | Amount per |
| | ownership |
| Approximate date | interest |
| assessment | per month or|
| will be due: | year: |
+------------------+-------------+
| | |
+------------------+-------------+
| | |
+------------------+-------------+
| | |
+------------------+-------------+
| | |
+------------------+-------------+
| |Total: |
+------------------+-------------+
(5) All major components are included in the reserve study and are
included in its calculations.
(6) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570, the estimated amount required in the
reserve fund at the end of the current fiscal year is $____, based
in whole or in part on the last reserve study or update prepared by
____ as of ____ (month), ____ (year). The projected reserve fund cash
balance at the end of the current fiscal year is $____, resulting in
reserves being ____ percent funded at this date.
If an alternate, but generally accepted, method of calculation is
also used, the required reserve amount is $____. (See attached
explanation)
(7) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570 of the Civil Code, the estimated
amount required in the reserve fund at the end of each of the next
five budget years is $______, and the projected reserve fund cash
balance in each of those years, taking into account only assessments
already approved and other known revenues, is $______, leaving the
reserve at ______ percent funded. If the reserve funding plan
approved by the association is implemented, the projected reserve
fund cash balance in each of those years will be $______, leaving the
reserve at ______ percent funded.
Note: The financial representations set forth in this summary are
based on the best estimates of the preparer at that time. The
estimates are subject to change. At the time this summary was
prepared, the assumed long-term before-tax interest rate earned on
reserve funds was ____ percent per year, and the assumed long-term
inflation rate to be applied to major component repair and
replacement costs was ____ percent per year.
(b) For the purposes of preparing a summary pursuant to this
section:
(1) "Estimated remaining useful life" means the time reasonably
calculated to remain before a major component will require
replacement.
(2) "Major component" has the meaning used in Section 5550.
Components with an estimated remaining useful life of more than 30
years may be included in a study as a capital asset or disregarded
from the reserve calculation, so long as the decision is revealed in
the reserve study report and reported in the Assessment and Reserve
Funding Disclosure Summary.
(3) The form set out in subdivision (a) shall accompany each
annual budget report or summary thereof that is delivered pursuant to
Section 5300. The form may be supplemented or modified to clarify
the information delivered, so long as the minimum information set out
in subdivision (a) is provided.
(4) For the purpose of the report and summary, the amount of
reserves needed to be accumulated for a component at a given time
shall be computed as the current cost of replacement or repair
multiplied by the number of years the component has been in service
divided by the useful life of the component. This shall not be
construed to require the board to fund reserves in accordance with
this calculation.
SEC. 8. SEC. 10. Section 12955.9 of
the Government Code is amended to read:
12955.9. (a) The provisions of this part relating to
discrimination on the basis of familial status shall not apply to
housing for older persons.
(b) As used in this section, "housing for older persons" means any
of the following:
(1) Housing provided under any state or federal program that the
Secretary of Housing and Urban Development determines is specifically
designed and operated to assist elderly persons, as defined in the
state or federal program.
(2) Housing that meets the standards for senior housing in
Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
that those standards violate the prohibition of familial status
discrimination in the federal Fair Housing Amendments Act of 1988
(Public Law 100-430) and implementing regulations.
(3) Mobilehome parks that meet the standards for "housing for
older persons" as defined in the federal Fair Housing Act, as amended
by Public Law 104-76, and implementing regulations.
(c) For purposes of this section, the burden of proof shall be on
the owner to prove that the housing qualifies as housing for older
persons.
SEC. 11. Section 65584.01 of the
Government Code is amended to read:
65584.01. (a) For the fourth and subsequent revision of the
housing element pursuant to Section 65588, the department, in
consultation with each council of governments, where applicable,
shall determine the existing and projected need for housing for each
region in the following manner:
(b) The department's determination shall be based upon population
projections produced by the Department of Finance and regional
population forecasts used in preparing regional transportation plans,
in consultation with each council of governments. If the total
regional population forecast for the planning period,
projection year, developed by the council of
governments and used for the preparation of the regional
transportation plan, is within a range of 3 percent of the total
regional population forecast for the planning period over
the same time period projection year by the
Department of Finance, then the population forecast developed by the
council of governments shall be the basis from which the department
determines the existing and projected need for housing in the region.
If the difference between the total population growth
projected by the council of governments and the total
population growth projected for the region by the
Department of Finance is greater than 3 percent, then the department
and the council of governments shall meet to discuss variances in
methodology used for population projections and seek agreement on a
population projection for the region to be used as a basis for
determining the existing and projected housing need for the region.
If no agreement is reached, then the population projection for the
region shall be the population projection for the region prepared by
the Department of Finance as may be modified by the department as a
result of discussions with the council of governments.
(c) (1) At least 26 months prior to the scheduled revision
pursuant to Section 65588 and prior to developing the existing and
projected housing need for a region, the department shall meet and
consult with the council of governments regarding the assumptions and
methodology to be used by the department to determine the region's
housing needs. The council of governments shall provide data
assumptions from the council's projections, including, if available,
the following data for the region:
(A) Anticipated household growth associated with projected
population increases.
(B) Household size data and trends in household size.
(C) The rate of household formation, or headship rates, based on
age, gender, ethnicity, or other established demographic measures.
(D) The vacancy rates in existing housing stock, and the vacancy
rates for healthy housing market functioning and regional mobility,
as well as housing replacement needs.
(E) Other characteristics of the composition of the projected
population.
(F) The relationship between jobs and housing, including any
imbalance between jobs and housing.
(2) The department may accept or reject the information provided
by the council of governments or modify its own assumptions or
methodology based on this information. After consultation with the
council of governments, the department shall make determinations in
writing on the assumptions for each of the factors listed in
subparagraphs (A) to (F), inclusive, of paragraph (1) and the
methodology it shall use and shall provide these determinations to
the council of governments.
(d) (1) After consultation with the council of governments, the
department shall make a determination of the region's existing and
projected housing need based upon the assumptions and methodology
determined pursuant to subdivision (c). The region's existing and
projected housing need shall reflect the achievement of a feasible
balance between jobs and housing within the region using the regional
employment projections in the applicable regional transportation
plan. Within 30 days following notice of the determination from the
department, the council of governments may file an objection to the
department's determination of the region's existing and projected
housing need with the department.
(2) The objection shall be based on and substantiate either of the
following:
(A) The department failed to base its determination on the
population projection for the region established pursuant to
subdivision (b), and shall identify the population projection which
the council of governments believes should instead be used for the
determination and explain the basis for its rationale.
(B) The regional housing need determined by the department is not
a reasonable application of the methodology and assumptions
determined pursuant to subdivision (c). The objection shall include a
proposed alternative determination of its regional housing need
based upon the determinations made in subdivision (c), including
analysis of why the proposed alternative would be a more reasonable
application of the methodology and assumptions determined pursuant to
subdivision (c).
(3) If a council of governments files an objection pursuant to
this subdivision and includes with the objection a proposed
alternative determination of its regional housing need, it shall also
include documentation of its basis for the alternative
determination. Within 45 days of receiving an objection filed
pursuant to this section, the department shall consider the objection
and make a final written determination of the region's existing and
projected housing need that includes an explanation of the
information upon which the determination was made.
SEC. 9. SEC. 12. Section 65863.10 of
the Government Code is amended to read:
65863.10. (a) As used in this section, the following terms have
the following meanings:
(1) "Affected public entities" means the mayor of the city in
which the assisted housing development is located, or, if located in
an unincorporated area, the chair of the board of supervisors of the
county; the appropriate local public housing authority, if any; and
the Department of Housing and Community Development.
(2) "Affected tenant" means a tenant household residing in an
assisted housing development, as defined in paragraph (3), at the
time notice is required to be provided pursuant to this section, that
benefits from the government assistance.
(3) "Assisted housing development" means a multifamily rental
housing development that receives governmental assistance under any
of the following programs:
(A) New construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as amended
(42 U.S.C. Sec. 1437f).
(B) The following federal programs:
(i) The Below-Market-Interest-Rate Program under Section 221(d)(3)
of the National Housing Act (12 U.S.C. Sec. 1715 l (d)(3)
and (5)).
(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
1715z-1).
(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
1701q).
(C) Programs for rent supplement assistance under Section 101 of
the Housing and Urban Development Act of 1965, as amended (12 U.S.C.
Sec. 1701s).
(D) Programs under Sections 514, 515, 516, 533, and 538 of the
Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
(E) Section 42 of the Internal Revenue Code.
(F) Section 142(d) of the Internal Revenue Code or its
predecessors (tax-exempt private activity mortgage revenue bonds).
(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
bonds).
(H) Title I of the Housing and Community Development Act of 1974,
as amended (Community Development Block Grant Program).
(I) Title II of the Cranston-Gonzalez National Affordable Housing
Act of 1990, as amended (HOME Investment Partnership Program).
(J) Titles IV and V of the McKinney-Vento Homeless Assistance Act
of 1987, as amended, including the Department of Housing and Urban
Development's Supportive Housing Program, Shelter Plus Care Program,
and surplus federal property disposition program.
(K) Grants and loans made by the Department of Housing and
Community Development, including the Rental Housing Construction
Program, CHRP-R, and other rental housing finance programs.
(L) Chapter 1138 of the Statutes of 1987.
(M) The following assistance provided by counties or cities in
exchange for restrictions on the maximum rents that may be charged
for units within a multifamily rental housing development and on the
maximum tenant income as a condition of eligibility for occupancy of
the unit subject to the rent restriction, as reflected by a recorded
agreement with a county or city:
(i) Loans or grants provided using tax increment financing
pursuant to the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code).
(ii) Local housing trust funds, as referred to in paragraph (3) of
subdivision (a) of Section 50843 of the Health and Safety Code.
(iii) The sale or lease of public property at or below market
rates.
(iv) The granting of density bonuses, or concessions or
incentives, including fee waivers, parking variances, or amendments
to general plans, zoning, or redevelopment project area plans,
pursuant to Chapter 4.3 (commencing with Section 65915).
Assistance pursuant to this subparagraph shall not include the use
of tenant-based Housing Choice Vouchers (Section 8(o) of the United
States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o), excluding
subparagraph (13) relating to project-based assistance). Restrictions
shall not include any rent control or rent stabilization ordinance
imposed by a county, city, or city and county.
(4) "City" means a general law city, a charter city, or a city and
county.
(5) "Expiration of rental restrictions" means the expiration of
rental restrictions for an assisted housing development described in
paragraph (3) unless the development has other recorded agreements
restricting the rent to the same or lesser levels for at least 50
percent of the units.
(6) "Low or moderate income" means having an income as defined in
Section 50093 of the Health and Safety Code.
(7) "Prepayment" means the payment in full or refinancing of the
federally insured or federally held mortgage indebtedness prior to
its original maturity date, or the voluntary cancellation of mortgage
insurance, on an assisted housing development described in paragraph
(3) that would have the effect of removing the current rent or
occupancy or rent and occupancy restrictions contained in the
applicable laws and the regulatory agreement.
(8) "Termination" means an owner's decision not to extend or renew
its participation in a federal, state, or local government subsidy
program or private, nongovernmental subsidy program for an assisted
housing development described in paragraph (3), either at or prior to
the scheduled date of the expiration of the contract, that may
result in an increase in tenant rents or a change in the form of the
subsidy from project-based to tenant-based.
(9) "Very low income" means having an income as defined in Section
50052.5 of the Health and Safety Code.
(b) (1) At least 12 months prior to the anticipated date of the
termination of a subsidy contract, the expiration of rental
restrictions, or prepayment on an assisted housing development, the
owner proposing the termination or prepayment of governmental
assistance or the owner of an assisted housing development in which
there will be the expiration of rental restrictions shall provide a
notice of the proposed change to each affected tenant household
residing in the assisted housing development at the time the notice
is provided and to the affected public entities. An owner who meets
the requirements of Section 65863.13 shall be exempt from providing
that notice. The notice shall contain all of the following:
(A) In the event of termination, a statement that the owner
intends to terminate the subsidy contract or rental restrictions upon
its expiration date, or the expiration date of any contract
extension thereto.
(B) In the event of the expiration of rental restrictions, a
statement that the restrictions will expire, and in the event of
prepayment, termination, or the expiration of rental restrictions
whether the owner intends to increase rents during the 12 months
following prepayment, termination, or the expiration of rental
restrictions to a level greater than permitted under Section 42 of
the Internal Revenue Code.
(C) In the event of prepayment, a statement that the owner intends
to pay in full or refinance the federally insured or federally held
mortgage indebtedness prior to its original maturity date, or
voluntarily cancel the mortgage insurance.
(D) The anticipated date of the termination, prepayment of the
federal or other program or expiration of rental restrictions, and
the identity of the federal or other program described in subdivision
(a).
(E) A statement that the proposed change would have the effect of
removing the current low-income affordability restrictions in the
applicable contract or regulatory agreement.
(F) A statement of the possibility that the housing may remain in
the federal or other program after the proposed date of termination
of the subsidy contract or prepayment if the owner elects to do so
under the terms of the federal government's or other program operator'
s offer.
(G) A statement whether other governmental assistance will be
provided to tenants residing in the development at the time of the
termination of the subsidy contract or prepayment.
(H) A statement that a subsequent notice of the proposed change,
including anticipated changes in rents, if any, for the development,
will be provided at least six months prior to the anticipated date of
termination of the subsidy contract, or expiration of rental
restrictions, or prepayment.
(I) A statement of notice of opportunity to submit an offer to
purchase, as required in Section 65863.11.
(2) Notwithstanding paragraph (1), if an owner provides a copy of
a federally required notice of termination of a subsidy contract or
prepayment at least 12 months prior to the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities, the owner shall be deemed in compliance with this
subdivision, if the notice is in compliance with all federal laws.
However, the federally required notice does not satisfy the
requirements of Section 65863.11.
(c) (1) At least six months prior to the anticipated date of
termination of a subsidy contract, expiration of rental restrictions
or prepayment on an assisted housing development, the owner proposing
the termination or prepayment of governmental assistance or the
owner of an assisted housing development in which there will be the
expiration of rental restrictions shall provide a notice of the
proposed change to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. An owner who meets the requirements
of Section 65863.13 shall be exempt from providing that notice.
(2) The notice to the tenants shall contain all of the following:
(A) The anticipated date of the termination or prepayment of the
federal or other program, or the expiration of rental restrictions,
and the identity of the federal or other program, as described in
subdivision (a).
(B) The current rent and rent anticipated for the unit during the
12 months immediately following the date of the prepayment or
termination of the federal or other program, or expiration of rental
restrictions.
(C) A statement that a copy of the notice will be sent to the
city, county, or city and county, where the assisted housing
development is located, to the appropriate local public housing
authority, if any, and to the Department of Housing and Community
Development.
(D) A statement of the possibility that the housing may remain in
the federal or other program after the proposed date of subsidy
termination or prepayment if the owner elects to do so under the
terms of the federal government's or other program administrator's
offer or that a rent increase may not take place due to the
expiration of rental restrictions.
(E) A statement of the owner's intention to participate in any
current replacement subsidy program made available to the affected
tenants.
(F) The name and telephone number of the city, county, or city and
county, the appropriate local public housing authority, if any, the
Department of Housing and Community Development, and a legal services
organization, that can be contacted to request additional written
information about an owner's responsibilities and the rights and
options of an affected tenant.
(3) In addition to the information provided in the notice to the
affected tenant, the notice to the affected public entities shall
contain information regarding the number of affected tenants in the
project, the number of units that are government assisted and the
type of assistance, the number of the units that are not government
assisted, the number of bedrooms in each unit that is government
assisted, and the ages and income of the affected tenants. The notice
shall briefly describe the owner's plans for the project, including
any timetables or deadlines for actions to be taken and specific
governmental approvals that are required to be obtained, the reason
the owner seeks to terminate the subsidy contract or prepay the
mortgage, and any contacts the owner has made or is making with other
governmental agencies or other interested parties in connection with
the notice. The owner shall also attach a copy of any federally
required notice of the termination of the subsidy contract or
prepayment that was provided at least six months prior to the
proposed change. The information contained in the notice shall be
based on data that is reasonably available from existing written
tenant and project records.
(d) The owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide additional notice of any significant
changes to the notice required by subdivision (c) within seven
business days to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. "Significant changes" shall include,
but not be limited to, any changes to the date of termination or
prepayment, or expiration of rental restrictions or the anticipated
new rent.
(e) An owner who is subject to the requirements of this section
shall also provide a copy of any notices issued to existing tenants
pursuant to subdivision (b), (c), or (d) to any prospective tenant at
the time he or she is interviewed for eligibility.
(f) This section shall not require the owner to obtain or acquire
additional information that is not contained in the existing tenant
and project records, or to update any information in his or her
records. The owner shall not be held liable for any inaccuracies
contained in these records or from other sources, nor shall the owner
be liable to any party for providing this information.
(g) For purposes of this section, service of the notice to the
affected tenants, the city, county, or city and county, the
appropriate local public housing authority, if any, and the
Department of Housing and Community Development by the owner pursuant
to subdivisions (b) to (e), inclusive, shall be made by first-class
mail postage prepaid.
(h) Nothing in this section shall enlarge or
diminish the authority, if any, that a city, county, city and county,
affected tenant, or owner may have, independent of this section.
(i) If, prior to January 1, 2001, the owner has already accepted a
bona fide offer from a qualified entity, as defined in subdivision
(c) of Section 65863.11, and has complied with this section as it
existed prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall be
deemed in compliance with this section.
(j) Injunctive relief shall be available to any party identified
in paragraph (1) or (2) of subdivision (a) who is aggrieved by a
violation of this section.
(k) The Director of Housing and Community Development shall
approve forms to be used by owners to comply with subdivisions (b)
and (c). Once the director has approved the forms, an owner shall use
the approved forms to comply with subdivisions (b) and (c).
SEC. 13. Section 17913 of the Health
and Safety Code is amended to read:
17913. (a) The department shall notify the entities listed in
subdivision (c) of the dates that each of the international or
uniform codes published by the specific organizations described
in paragraphs (1) to (5), inclusive, of subdivision (a) of Section
17922 are approved by the California Building Standards Commission
pursuant to Section 18930 and the effective date of the model codes
as established by the California Building Standards Commission.
(b) The department may publish information bulletins regarding
code enforcement as emergencies occur or at any other time the
department determines appropriate.
(c) The department shall distribute the information described in
subdivision (a), and may distribute the information described in
subdivision (b), to the following entities:
(1) The building department in each county and city.
(2) Housing code officials, fire service officials, professional
associations concerned with building standards, and any other persons
or entities the department determines appropriate.
SEC. 14. Section 17921.3 of the Health
and Safety Code is repealed.
17921.3. (a) All water closets and urinals installed or sold in
this state shall meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers standard
A112.19.2-2003, or A112.19.14-2001, as applicable. No other marking
and labeling requirements shall be required by the state. All water
closets and urinals installed or sold in this state shall be listed
by an American National Standards Institute accredited third-party
certification agency to the appropriate American Society of
Mechanical Engineers standards set forth in this subdivision. No
other listing or certification requirements shall be required by the
state.
(b) (1) All water closets sold or installed in this state shall
use no more than an average of 1.6 gallons per flush. On and after
January 1, 2014, all water closets, other than institutional water
closets, sold or installed in this state shall be high-efficiency
water closets.
(2) All urinals sold or installed in this state shall use no more
than an average of one gallon per flush. On and after January 1,
2014, all urinals, other than blow-out urinals, sold or installed in
this state shall be high-efficiency urinals.
(3) Each manufacturer selling water closets or urinals in this
state shall have not less than the following percentage of models
offered for sale in this state of high-efficiency water closets plus
high-efficiency urinals as compared to the total number of models of
water closets plus urinals offered for sale in this state by that
manufacturer:
(A) Fifty percent in 2010.
(B) Sixty-seven percent in 2011.
(C) Seventy-five percent in 2012.
(D) Eighty-five percent in 2013.
(E) One hundred percent in 2014 and thereafter.
(4) Each manufacturer that sells water closets or urinals in this
state shall inform the State Energy Resources Conservation and
Development Commission, the department, and the California Building
Standards Commission, in writing, of the percentage of models of
high-efficiency water closets plus high-efficiency urinals offered
for sale in this state as compared to the total number of models of
water closets plus urinals offered for sale in this state by that
manufacturer for each year 2010 to 2013, inclusive, by January 30 of
that year.
(c) Any city, county, or city and county may enact an ordinance to
allow the sale and installation of nonlow-consumption water closets
or urinals upon its determination that the unique configuration of
building drainage systems or portions of a public sewer system within
the jurisdiction, or both, requires a greater quantity of water to
flush the system in a manner consistent with public health. At the
request of a public agency providing sewer services within the
jurisdiction, the city, county, or city and county shall hold a
public hearing on the need for an ordinance as provided in this
subdivision. Prior to this hearing or to the enactment of the
ordinance, those agencies responsible for the provision of water and
sewer services within the jurisdiction, if other than the agency
considering adoption of the ordinance, shall be given at least 30
days' notice of the meeting at which the ordinance may be considered
or adopted.
(d) Notwithstanding subdivision (b), on and after January 1, 1994,
water closets and urinals that do not meet the standards referenced
in subdivision (b) may be sold or installed for use only under either
of the following circumstances:
(1) Installation of the water closet or urinal to comply with the
standards referenced in subdivision (b) would require modifications
to plumbing system components located beneath a finished wall or
surface.
(2) The nonlow-consumption water closets, urinals, and flushometer
valves, if any, would be installed in a home or building that has
been identified by a local, state, or federal governmental entity as
a historical site and historically accurate water closets and urinals
that comply with the flush volumes specified in subdivision (b) are
not available.
(e) (1) This section does not preempt any actions of cities,
counties, cities and counties, or districts that prescribe additional
or more restrictive conservation requirements affecting either of
the following:
(A) The sale, installation, or use of low-consumption water
closets, urinals, and flushometer valves that meet the standards
referenced in subdivision (a), (b), or (c).
(B) The continued use of nonlow-consumption water closets,
urinals, and flushometer valves.
(2) This section does not grant any new or additional powers to
cities, counties, cities and counties, or districts to promulgate or
establish laws, ordinances, regulations, or rules governing the sale,
installation, or use of low-consumption water closets, urinals, and
flushometer valves.
(f) The California Building Standards Commission or the department
may, by regulation, reduce the quantity of water per flush required
pursuant to this section if deemed appropriate or not inconsistent in
light of other standards referenced in the most recent version of
the California Plumbing Code, and may refer to successor standards to
the standards referenced in this section if determined appropriate
in light of standards referenced in the most recent version of the
California Plumbing Code.
(g) As used in this section, the following terms have the
following meanings:
(1) "Blow-out urinal" means a urinal designed for heavy-duty
commercial applications that work on a powerful nonsiphonic
principle.
(2) "High-efficiency water closet" means a water closet that is
either of the following:
(A) A dual flush water closet with an effective flush volume that
does not exceed 1.28 gallons, where effective flush volume is defined
as the composite, average flush volume of two reduced flushes and
one full flush. Flush volumes shall be tested in accordance with ASME
A112.19.2 and ASME A112.19.14.
(B) A single flush water closet where the effective flush volume
shall not exceed 1.28 gallons. The effective flush volume is the
average flush volume when tested in accordance with ASME A112.19.2.
(3) "High-efficiency urinal" means a urinal that uses no more than
0.5 gallons per flush.
(4) "Institutional water closet" means any water closet fixture
with a design not typically found in residential or commercial
applications or that is designed for a specialized application,
including, but not limited to, wall-mounted floor-outlet water
closets, water closets used in jails or prisons, water closets used
in bariatrics applications, and child water closets used in day care
facilities.
(5) "Nonlow-consumption flushometer valve," "nonlow-consumption
urinal," and "nonlow-consumption water closet" mean devices that use
more than 1.6 gallons per flush for toilets and more than 1.0 gallons
per flush for urinals.
(6) "Urinal" means a water-using urinal.
(7) "Wall-mounted/wall-outlet water closets" means models that are
mounted on the wall and discharge to the drainage system through the
wall.
(h) For purposes of this section, all consumption values shall be
determined by the test procedures contained in the American Society
of Mechanical Engineers standard A112.19.2-2003 or A112.19.14-2001.
(i) This section shall remain operative only until January 1,
2014, or until the date on which the California Building Standards
Commission includes standards in the California Building Standards
Code that conform to this section, whichever date is later.
SEC. 15. Section 17921.9 of the Health
and Safety Code is repealed.
17921.9. (a) The Legislature finds and declares all of the
following:
(1) The deterioration of copper piping has become a serious
problem in various communities in the state.
(2) Chlorinated polyvinyl chloride (CPVC) plastic piping has been
successfully used for many years in other states and in nations
around the globe, and has also been widely used, in accordance with
federal regulations, in mobilehome construction.
(3) The Department of Community Development of the City of Colton,
acting pursuant to a good-faith belief that it was in compliance
with state regulations, approved the use of CPVC piping as an
alternative to copper piping in early 1993 when the department was
confronted with widespread deterioration of copper piping systems in
a tract in the western part of that city.
(4) The retrofitting of homes in Colton with CPVC piping has been
successful.
(b) It is, therefore, the intent of the Legislature in enacting
this section to allow the use of CPVC piping in building construction
in California as an alternate material under specified conditions.
(c) Notwithstanding any other provision of law, the provisions of
the California Plumbing Code that do not authorize the use of CPVC
piping within California shall not apply to any local government that
permitted the use of CPVC piping for potable water systems within
its jurisdiction prior to January 1, 1996. Any local government that
permitted the use of CPVC piping for potable water systems within its
jurisdiction prior to January 1, 1996, shall require both of the
following:
(1) That the CPVC piping to be used is listed as an approved
material in, and is installed in accordance with, the 1994 edition of
the Uniform Plumbing Code.
(2) That all installations of CPVC strictly comply with the
interim flushing procedures and worker safety measures set forth in
subdivisions (d) and (e).
(d) The following safe work practices shall be adhered to when
installing both CPVC and copper plumbing pipe in California after the
effective date of the act that adds this section:
(1) (A) Employers shall provide education and training to inform
plumbers of risks, provide equipment and techniques to help reduce
exposures from plumbing pipe installation, foster safe work habits,
and post signs to warn against the drinking of preoccupancy water.
(B) For purposes of this paragraph, "training" shall include
training in ladder safety, safe use of chain saws and wood-boring
tools, hazards associated with other construction trades, hazards
from molten solder and flux, and the potential hazards and safe use
of soldering tools and materials.
(2) Cleaners shall be renamed as primers, include strong warnings
on the hazards of using primers as cleaners, and include dyes to
discourage use as cleaners.
(3) Applicators and daubers shall be limited to small sizes.
(4) Enclosed spaces shall be ventilated with portable fans when
installing CPVC pipe.
(5) Protective impermeable gloves shall be utilized when
installing CPVC pipe.
(6) Employers shall provide onsite portable eyewash stations for
all employees to allow for immediate flushing of eyes in the event of
splashing of hot flux.
(7) Employers using acetylene torches shall ensure that the
acetylene tanks are regularly maintained and inspected in accordance
with applicable regulatory requirements. Fire extinguishers shall be
kept in close proximity to the workplace.
(e) All of the following flushing procedures shall be adhered to
when installing CPVC pipe in California after the effective date of
the act that adds this section:
(1) When plumbing is completed and ready for pressure testing,
each cold water and hot water tap shall be flushed starting with the
fixture (basin, sink, tub, or shower) closest to the water meter and
continuing with each successive fixture, moving toward the end of the
system. Flushing shall be continued for at least one minute or
longer until water appears clear at each fixture. This step may be
omitted if a jurisdiction requires the building inspector to test
each water system.
(2) The system shall be kept filled with water for at least one
week and then flushed in accordance with the procedures set forth in
paragraph (1). The system shall be kept filled with water and not
drained.
(3) Before the premises are occupied, the hot water heater shall
be turned on and the system shall be flushed once more. Commencing
with the fixture closest to the hot water heater, the hot water tap
shall be permitted to run until hot water is obtained. The time
required to get hot water in a specific tap shall be determined and
then the cold water tap at the same location shall be turned on for
the same period of time. This procedure shall be repeated for each
fixture in succession toward the end of the system.
(f) Nothing in this section shall be construed to affect the
applicability of any existing law imposing liability on a
manufacturer, distributor, retailer, installer, or any other person
or entity under the laws of this state for liability.
(g) This section shall not be operative after January 1, 1998.
SEC. 16. Section 17922 of the Health
and Safety Code is amended to read:
17922. (a) Except as otherwise specifically provided by law, the
building standards adopted and submitted by the department for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5, and the other rules and regulations that are contained in
Title 24 of the California Code of Regulations, as adopted, amended,
or repealed from time to time pursuant to this chapter shall be
adopted by reference, except that the building standards and rules
and regulations shall include any additions or deletions made by the
department. The building standards and rules and regulations shall
impose substantially the same requirements as are contained in the
most recent editions of the following international or
uniform industry codes as adopted by the organizations specified:
(1) The Uniform Housing Code of the International Conference of
Building Officials, except its definition of "substandard building."
(2) The Uniform International
Building Code of the International Conference of Building
Officials. Code Council.
(3) The International Residential Code of the International Code
Council.
(3)
(4) The Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials.
(4)
(5) The Uniform Mechanical Code of the
International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials.
(5)
(6) The National Electrical Code of the National Fire
Protection Association.
(6) Appendix Chapter 1 of the Uniform Code for Building
Conservation of the International Conference of Building Officials.
(7) The International Existing Building Code of the International
Code Council.
(b) In adopting building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 for publication
in the California Building Standards Code and in adopting other
regulations, the department shall consider local conditions and any
amendments to the international or uniform codes referred
to in this section. Except as provided in Part 2.5 (commencing with
Section 18901), in the absence of adoption by regulation, the most
recent editions of the international or uniform codes
referred to in this section shall be considered to be adopted one
year after the date of publication of the applicable
international or uniform codes.
(c) Except as provided in Section 17959.5, local use zone
requirements, local fire zones, building setback, side and rear yard
requirements, and property line requirements are hereby specifically
and entirely reserved to the local jurisdictions notwithstanding any
requirements found or set forth in this part.
(d) Regulations other than building standards which are adopted,
amended, or repealed by the department, and building standards
adopted and submitted by the department for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5, governing
alteration and repair of existing buildings and moving of apartment
houses and dwellings shall permit the replacement, retention, and
extension of original materials and the continued use of original
methods of construction as long as the hotel, lodginghouse, motel,
apartment house, or dwelling, or portions thereof, or building and
structure accessory thereto, complies with the provisions published
in the California Building Standards Code and the other rules and
regulations of the department or alternative local standards adopted
pursuant to subdivision (b) of Section 13143.2 or Section 17958.5 and
does not become or continue to be a substandard building. Building
additions or alterations which increase the area, volume, or size of
an existing building, and foundations for apartment houses and
dwellings moved, shall comply with the requirements for new buildings
or structures specified in this part, or in building standards
published in the California Building Standards Code, or in the other
rules and regulations adopted pursuant to this part. However, the
additions and alterations shall not cause the building to exceed area
or height limitations applicable to new construction.
(e) Regulations other than building standards which are adopted by
the department and building standards adopted and submitted by the
department for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 governing alteration and repair of
existing buildings shall permit the use of alternate materials,
appliances, installations, devices, arrangements, or methods of
construction if the material, appliance, installation, device,
arrangement, or method is, for the purpose intended, at least the
equivalent of that prescribed in this part, the building standards
published in the California Building Standards Code, and the rules
and regulations promulgated pursuant to the provisions of this part
in performance, safety, and for the protection of life and health.
Regulations governing abatement of substandard buildings shall permit
those conditions prescribed by Section 17920.3 which do not endanger
the life, limb, health, property, safety, or welfare of the public
or the occupant thereof.
(f) A local enforcement agency may not prohibit the use of
materials, appliances, installations, devices, arrangements, or
methods of construction specifically permitted by the department to
be used in the alteration or repair of existing buildings, but those
materials, appliances, installations, devices, arrangements, or
methods of construction may be specifically prohibited by local
ordinance as provided pursuant to Section 17958.5.
(g) A local ordinance may not permit any action or proceeding to
abate violations of regulations governing maintenance of existing
buildings, unless the building is a substandard building or the
violation is a misdemeanor.
SEC. 17. Section 17922.3 of the Health
and Safety Code is amended to read:
17922.3. Notwithstanding any other provision of law, a
residential structure that is moved into, or within, the jurisdiction
of a local agency or the department, shall not be treated,
for the purposes of Section 104 of the 1991 Edition of the Uniform
Building Code, treated as a new building or
structure, but rather shall be treated, for the purposes of this
part, as subject to Section 17958.9.
SEC. 18. Section 17958.1 of the Health
and Safety Code is amended to read:
17958.1. Notwithstanding Sections 17922, 17958, and 17958.5, a
city city, county, or city
and county may, by ordinance, permit efficiency units for
occupancy by no more than two persons which have a minimum floor area
of 150 square feet and which may also have partial kitchen or
bathroom facilities, as specified by the ordinance. In all other
respects, these efficiency units shall conform to minimum standards
for those occupancies otherwise made applicable pursuant to this
part.
"Efficiency unit," as used in this section, has the same meaning
specified in the Uniform International
Building Code of the International Conference of Building
Officials, Code Council, as incorporated by
reference in Chapter 2-12 of Part 2 of Title 24 of
the California Code of Regulations.
SEC. 19. Section 17959.1 of the Health
and Safety Code is amended to read:
17959.1. (a) A city or county shall administratively approve
applications to install solar energy systems though
through the issuance of a building permit or
similar nondiscretionary permit. However, if the building official of
the city or county has a good faith belief that the solar energy
system could have a specific, adverse impact upon the public health
and safety, the city or county may require the applicant to apply for
a use permit.
(b) A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. This finding shall
include the basis for the rejection of potential feasible
alternatives of preventing the adverse impact.
(c) Any conditions imposed on an application to install a solar
energy system must be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(d) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
(2) A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agency. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
(3) A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
(e) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any cost
effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or
county shall use its best efforts to ensure that
the selected method, condition, or mitigation meets the conditions of
subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of
Section 714 of the Civil Code.
(2) "Solar energy system" has the meaning set forth in paragraphs
(1) and (2) of subdivision (a) of Section 801.5 of the Civil Code.
(3) A "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed
complete.
SEC. 10. SEC. 20. Section 18080.5 of
the Health and Safety Code is amended to read:
18080.5. (a) A numbered report of sale, lease, or rental form
issued by the department shall be submitted each time the following
transactions occur by or through a dealer:
(1) Whenever a manufactured home, mobilehome, or commercial coach
previously registered pursuant to this part is sold, leased with an
option to buy, or otherwise transferred.
(2) Whenever a manufactured home, mobilehome, or commercial coach
not previously registered in this state is sold, rented, leased,
leased with an option to buy, or otherwise transferred.
(b) The numbered report of sale, lease, or rental forms shall be
used and distributed in accordance with the following terms and
conditions:
(1) A copy of the form shall be delivered to the purchaser.
(2) All fees and penalties due for the transaction that were
required to be reported with the report of sale, lease, or rental
form shall be paid to the department within 10 calendar days from the
date the transaction is completed, as specified by subdivision (e).
Penalties due for noncompliance with this paragraph shall be paid by
the dealer. The dealer shall not charge the consumer for those
penalties.
(3) Notice of the registration or transfer of a manufactured home
or mobilehome shall be reported pursuant to subdivision (d).
(4) The original report of sale, lease, or rental form, together
with all required documents to report the transaction or make
application to register or transfer a manufactured home, mobilehome,
or commercial coach, shall be forwarded to the department. Any
application shall be submitted within 10 calendar days from the date
the transaction was required to be reported, as defined by
subdivision (e).
(c) A manufactured home, mobilehome, or commercial coach
displaying a copy of the report of sale, lease, or rental may be
occupied without registration decals or registration card until the
registration decals and registration card are received by the
purchaser.
(d) In addition to the other requirements of this section, every
dealer upon transferring by sale, lease, or otherwise any
manufactured home or mobilehome shall, not later than the 10th
calendar day thereafter, not counting the date of sale, give written
notice of the transfer to the assessor of the county where the
manufactured home or mobilehome is to be installed. The written
notice shall be upon forms provided by the department containing any
information that the department may require, after consultation with
the assessors. Filing of a copy of the notice with the assessor in
accordance with this section shall be in lieu of filing a change of
ownership statement pursuant to Sections 480 and 482 of the Revenue
and Taxation Code.
(e) Except for transactions subject to Section 18035.26, for
purposes of this section, a transaction by or through a dealer shall
be deemed completed and consummated and any fees and the required
report of sale, lease, or rental are due when any of the following
occurs:
(1) The purchaser of any commercial coach has signed a purchase
contract or security agreement or paid any purchase price, the lessee
of a new commercial coach has signed a lease agreement or lease with
an option to buy or paid any purchase price, or the lessee of a used
commercial coach has either signed a lease with an option to buy or
paid any purchase price, and the purchaser or lessee has taken
physical possession or delivery of the commercial coach.
(2) For sales subject to Section 18035, when all the amounts other
than escrow fees and amounts for uninstalled or undelivered
accessories are disbursed from the escrow account.
(3) For sales subject to Section 18035.2, when the installation is
complete and a certificate of occupancy is issued.
(f) The department shall charge a fee, not to exceed forty-five
dollars ($45), for processing the notice of disposal and any
information required for completing the disposal process required
pursuant to Section Sections 798.56a
and 798.61 of the Civil Code.
(g) Notwithstanding any other law, the Department of Housing and
Community Development may adopt guidelines related to procedures and
forms to implement the new disposal procedures in Chapter 376 of the
Statutes of 2015, until regulations are adopted by the department to
replace those guidelines.
SEC. 11. SEC. 21. Section 18935 of
the Health and Safety Code is amended to read:
18935. (a) Notice of proposed building standards shall be given
and hearings shall be held by the adopting agencies, as required by
the Administrative Procedure Act, prior to the adoption of the
building standards and submission to the commission for approval. The
notice of proposed building standards and the initial statement of
reasons for the proposed building standards shall comply with Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code. The adopting agency or
state agency that proposes the building standards shall submit the
notice and initial statement of reasons for proposed building
standards to the California Building Standards Commission, which
shall review them for compliance with Article 5 (commencing with
Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of
the Government Code. If the commission determines that the adopting
agency or state agency that proposes the building standards has
complied with Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code, the
commission shall approve the notice and initial statement of reasons
for proposed building standards, and submit the notice to the Office
of Administrative Law for the sole purpose of inclusion in the
California Regulatory Notice Register. The Office of Administrative
Law shall publish only those notices of proposed building standards
which have been approved by, and submitted to, the office by the
California Building Standards Commission.
(b) In order to ensure an absence of conflict between hearings and
a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time and
place thereof has been approved in writing by the commission prior to
public notices of the hearing being given by the adopting agencies.
(c) If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a condition
for approval, and the changes are made, no additional hearing by the
affected state agency shall be required in connection with making the
changes when the commission determines the changes are
nonsubstantial, solely grammatical in nature, or are sufficiently
related to the text submitted to the commission for approval that the
public was adequately placed on notice that the change could result
from the originally proposed building standards.
SEC. 22. Section 19990 of the Health
and Safety Code is amended to read:
19990. (a) Except as provided in Section 18930, the department
shall adopt rules and regulations to interpret and make specific this
part. The department shall adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of this division for the purposes described in this section.
Standards adopted, amended, or repealed from time to time by the
department pursuant to this chapter shall include provisions imposing
requirements reasonably consistent with recognized and accepted
standards contained in the most recent editions of the following
uniform industry codes as adopted or amended from time to time by the
organizations specified:
(1) The Uniform Housing Code of the International Conference of
Building Officials.
(2) The Uniform International
Building Code of the International Conference of Building
Officials. Code Council.
(3) The International Residential Code of the International Code
Council.
(3)
(4) The Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials.
(4)
(5) The Uniform Mechanical Code of the
International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials.
(5)
(6) The National Electrical Code of the National Fire
Protection Association.
(b) The department shall require every city and county to file
with the department all wind pressure and snow load requirements in
effect within their respective jurisdictions if these requirements
differ from building standards published in the State Building
Standards Code, on or before January 1 of each year. The department
shall notify every manufacturer of factory-built housing of these
requirements on or before March 1 of each year.
(c) Except as provided in Section 18930, the department shall
adopt other rules and regulations as it deems necessary to carry out
this part. In promulgating these other rules and regulations the
department shall consider any amendments to the uniform
model codes referred to in this section. In the
event of any conflict with respect to factory-built housing between
Part 1.5 (commencing with Section 17910) and this part, the
requirements of this part shall control.
SEC. 12. SEC. 23. Section 50074 of
the Health and Safety Code is amended to read:
50074. "Housing sponsor," for the purpose of housing assisted by
the department, means any individual, joint venture, partnership,
limited partnership, trust, corporation, limited equity housing
cooperative, cooperative, local public entity, duly constituted
governing body of an Indian reservation or rancheria, tribally
designated housing entity, or other legal entity, or any combination
thereof, certified by the agency pursuant to rules and regulations of
the agency as qualified to either own, construct, acquire
acquire, or rehabilitate a housing development,
whether for profit, nonprofit, or organized for limited profit, and
subject to the regulatory powers of the agency pursuant to rules and
regulations of the agency and other terms and conditions set forth in
this division. "Housing sponsor" includes persons and families of
low or moderate income who are approved by the agency as eligible to
own and occupy a housing development and individuals and legal
entities receiving property improvement loans through the agency.
SEC. 13. SEC. 24. Section 50104.6.5
is added to the Health and Safety Code, to read:
50104.6.5. "Tribally designated housing entity" means an entity
as defined in Section 4103 of Title 25 of the United States Code. For
the purposes of determining the eligibility of an applicant for
funding under a program authorized by Part 2 (commencing with Section
50400), references to a local public entity, nonprofit corporation,
nonprofit housing sponsor, or governing body of an Indian reservation
or rancheria in any statute included in, or in any regulation
promulgated to implement, Part 2 (commencing with Section 50400)
shall be deemed to include a tribally designated housing entity.
SEC. 14. SEC. 25. Chapter 4.7
(commencing with Section 50580) of Part 2 of Division 31 of the
Health and Safety Code is repealed.
SEC. 15. SEC. 26. Section 50784.7 of
the Health and Safety Code is amended to read:
50784.7. (a) The department may make loans to resident
organizations or qualified nonprofit sponsors from the Mobilehome
Park Rehabilitation and Purchase Fund for the purpose of assisting
lower income homeowners to do any of the following:
(1) Make repairs to their mobilehomes.
(2) Make accessibility-related upgrades to their mobilehomes.
(3) Replace their mobilehomes.
(b) Loans made pursuant to these provisions shall meet both of the
following requirements:
(1) The applicant entity has received a loan or loans pursuant to
Section 50783, 50784, or 50784.5 for the purpose of assisting
homeowners within a park proposed for acquisition or conversion.
(2) The applicant entity demonstrates sufficient organizational
stability and capacity to manage a portfolio of individual loans over
an extended time period. This capacity may be demonstrated by
substantial successful experience performing similar activities or
through other means acceptable to the department.
(c) The department may adopt guidelines to implement this section.
