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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Addis</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Addis</ns0:Name>
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<ns0:Title>An act to amend Section 18502 of, and to amend, repeal, and add Section 18603 of, the Health and Safety Code, relating to mobilehome parks.</ns0:Title>
<ns0:RelatingClause>mobilehome parks</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Mobilehome parks: emergency preparedness.</ns0:Subject>
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(1)
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Existing law, the Mobilehome Parks Act, generally regulates various classifications of mobilehome and related vehicle parks, and imposes enforcement duties on the Department of Housing and Community Development (department) and local enforcement agencies. Existing law makes it unlawful to operate a park without a valid permit issued by the enforcement agency. In this connection, existing law requires payment of an annual fee of $4 per lot at the time of payment of the annual operating permit fee that is used exclusively by the department or local enforcement agency for the inspection of mobilehome parks and mobilehomes to determine compliance with the act.
</html:p>
<html:p>This bill would increase the per-lot fee to $10 until January 1, 2030.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires every
park with 50 or more units to have a person who is responsible for, and will respond in a timely manner to, emergencies concerning the operation and maintenance of the park that resides in the park and has knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and familiarity with the emergency preparedness plans for the park.
</html:p>
<html:p>This bill would require the department, on or before June 30, 2026, to publicly post on its internet website changes to the provision described above that are to become operative on January 1, 2027. This bill would, starting January 1, 2027, require that in every park with 50 or more units, including special occupancy parks, a person be available who has knowledge of the emergency preparedness plan for the park and have access to utility systems, fire hydrants, and exits and entrances under the ownership or control of the park.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law requires an owner or operator of an existing mobilehome park to adopt an emergency preparedness plan on or before September 1, 2010. For parks constructed after September 1, 2010, existing law requires an owner or operator of a park to adopt that plan before the issuance of the permit to operate. Existing law requires an owner or operator to post notice of the plan and provide information to residents relating to accessing the plan and individual emergency preparedness information, as specified. Existing law requires an enforcement agency to determine park compliance with these provisions. Existing law deems a violation of these provisions to constitute an unreasonable risk to life, health, or safety and requires correction by park management within 60 days of notice of the violation. Under existing law, a willful violation of the act is a misdemeanor, as specified.
</html:p>
<html:p>This bill would,
instead, require, beginning January 1, 2027, an owner or operator of a mobilehome park to adopt an emergency preparedness plan, which includes prescribed elements, before renewal of a permit to operate for an existing park, and before the issuance and renewal of a permit to operate for a park constructed after January 1, 2027. The bill would require a park to adopt emergency procedures and plans approved by the Standardized Emergency Management System Advisory Board, as specified, and a written statement by a park owner, manager, or designee that shall be attached to the park’s request to obtain or renew a permit to operate. The bill would require an owner or operator of a park to provide notice annually on how to access the plan by distribution of the materials to each household and posting notice of the plan, as specified. The bill would require an enforcement agency to ascertain compliance with those provisions through specified methods, and to refuse to issue or renew a permit to operate if a violation
is not corrected within 60 days of notice of the violation and would authorize the enforcement agency to impose formal penalties. The bill would require park management to make a subsequent written statement under penalty of perjury before the issuance and renewal of the park’s permit to operate, if management does not correct the violation within 60 days of notice and formal penalties are issued by the enforcement agency.</html:p>
<html:p>The bill would also require the department to publicly post the above-described provisions on its internet website on or before June 30, 2026.</html:p>
<html:p>Because this bill would expand the crime of perjury and the scope of existing crimes under the Mobilehome Parks Act, the bill would impose a state-mandated local program.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 18502 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, as amended by Section 4 of Chapter 387 of the Statutes of 2024, is amended to read:
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<ns0:Num>18502.</ns0:Num>
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<html:p>Fees as applicable shall be submitted for permits, as follows:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Fees for a permit to conduct any construction subject to this part as determined by the schedule of fees adopted by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Plan checking fees equal to one-half of the construction, plumbing, mechanical, and electrical permit fees, except that the minimum fee shall be ten dollars ($10).
</html:p>
<html:p>
(c)
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(1)
<html:span class="EnSpace"/>
An annual operating permit fee of one hundred forty dollars ($140) and an additional seven dollars ($7) per lot.
</html:p>
<html:p>
(2)
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(A)
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An additional annual fee of
ten dollars ($10)
per lot shall be paid to the department or the local enforcement agency, as appropriate, at the time of payment of the annual operating fee. All revenues derived from this fee shall be used exclusively for the inspection of mobilehome parks and mobilehomes to determine compliance with the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)) and any regulations adopted pursuant to the act.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Legislature hereby finds and declares that the health and safety of mobilehome park occupants are matters of public interest and concern and that the fee paid pursuant to subparagraph (A) shall be used exclusively for the inspection of mobilehome parks and mobilehomes to ensure that the living conditions of mobilehome park occupants meet the health and safety standards of this part and the regulations adopted pursuant thereto. Therefore, notwithstanding any other law or local ordinance, rule, regulation, or initiative measure
to the contrary, the holder of the permit to operate the mobilehome park shall be entitled to directly charge one-half of the per-lot additional annual fee specified herein to each homeowner, as defined in Section 798.9 of the Civil Code. In that event, the holder of the permit to operate the mobilehome park shall be entitled to directly charge each homeowner for one-half of the per-lot additional annual fee at the next billing for the rent and other charges immediately following the payment of the additional fee to the department or local enforcement agency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The additional annual fee authorized by subdivision (b) of Section 18804 shall be paid to the department at the time of payment of the annual operating fee to the department or local enforcement agency, as appropriate.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Change in name fee or transfer of ownership or possession fee of ten dollars ($10).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Duplicate permit fee or amended permit fee of ten dollars ($10).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 18603 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>18603.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
In every park there shall be a person available by telephonic or like means, including telephones, cellular telephones, telephone answering machines, answering services, or pagers, or in person who shall be responsible for, and who shall reasonably respond in a timely manner to emergencies concerning, the operation and maintenance of the park. In every park with 50 or more units, that person or their designee shall reside in the
park, have knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and shall be familiar with the emergency preparedness plans for the park.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before September 1, 2010, an owner or operator of an existing park shall adopt an emergency preparedness plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a park constructed after September 1, 2010, an owner or operator of a park shall adopt a plan in accordance with this section prior to the issuance of the permit to operate.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An owner or operator may comply with paragraph (1) by either of the following methods:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Adopting the emergency procedures and plans approved by the Standardized Emergency Management System Advisory
Board on November 21, 1997, entitled “Emergency Plans for Mobilehome Parks,” and compiled by the Office of Emergency Services in compliance with the Governor’s Executive Order No. W-156-97, or any subsequent version.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Adopting a plan that is developed by the park management and is comparable to the procedures and plans specified in subparagraph (A).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In every park, an owner or operator of a park shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the mobilehome park.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide notice annually to all existing residents of how to access the
plan and information on individual emergency preparedness contained therein and how to obtain the plan in a language other than English. This notice shall also be provided, upon approval of tenancy, to all new residents. This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the internet.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On or before June 30, 2026, the department shall publicly post on its internet website the requirements of this section that are to become operative on January 1, 2027, pursuant to the measure that amended this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An enforcement agency shall determine whether park management is in compliance with this section. The agency may ascertain compliance by receipt of a copy of the plan during site inspections conducted in response to complaints of alleged violations, or for any other reason.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this part, a violation of this section shall constitute an unreasonable risk to life, health, or safety and shall be corrected by park management within 60 days of notice of the violation.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 18603 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Num>18603.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In every park there shall be a person available by telephonic or like means, including telephones, cellular telephones, telephone answering machines, answering services, or pagers, or in person who shall be responsible for, and who shall reasonably respond in a timely manner to emergencies concerning, the operation and maintenance of the park. In every park with 50 or more units, including special occupancy parks, that person or their designee shall reside in the park, have knowledge of the emergency preparedness plan for the park, and have access to utility systems, fire hydrants, and exits and entrances under the ownership or control of the park. This section does not require the owner, manager, or designee to have specialized knowledge or skills to handle critical infrastructure or to take any specific action not listed in
this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning January 1, 2027, an owner or operator of an existing park shall adopt an emergency preparedness plan in accordance with the requirements of this section before or at the time of submission of the renewal of its permit to operate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a park constructed after January 1, 2027, an owner or operator of a park shall adopt a plan in accordance with this section before the issuance and renewal of its permit to operate.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An owner or operator shall comply with paragraph (1) or (2), as applicable, by adopting both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The emergency procedures and plans approved by the Standardized Emergency Management System Advisory Board on November 21, 1997, entitled “Emergency Plans for Mobilehome
Parks,” and compiled by the Office of Emergency Services in compliance with the Governor’s Executive Order No. W-156-97, or any subsequent version.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An emergency preparedness plan that includes a written statement by a park owner, manager, or designee as described above that shall be attached to the park’s request to obtain or renew a permit to operate that includes:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Identification of all points of entry or exit under control or ownership of the park.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Identification of an agent of park management, a park manager, or volunteer designee who shall be available to residents by the means described in subdivision (a) and who shall reasonably respond in a timely manner to ensure points of entry and exit are not locked or otherwise obstructed in the event of an emergency.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A copy of the Private Fire Hydrant Test and Certification Report and a written statement that all hydrants have been tested and are operable and accessible to emergency personnel in the event of an emergency.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A written statement that the gas system within the park has been inspected by a person with professional knowledge of those systems confirming that the system is in working order and accessible to emergency personnel, park management, or a volunteer designee in the event gas shutoff is necessary.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Identification of an agent of park management, a park manager, or a volunteer designee who will be available by the means described in subdivision (a) and who shall reasonably respond in a timely manner to notify residents of an evacuation ordered by emergency personnel. The agent, manager, or volunteer
shall not be responsible for physically evacuating residents from their homes during an emergency.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In every park, an owner or operator of a park shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Post notice of the emergency preparedness plan in the park clubhouse or in another publicly accessible area within the mobilehome park.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide notice annually to all existing residents of how to access the plan and information on individual emergency preparedness contained therein and how to obtain the plan in a language other than English. This notice shall also be provided, upon approval of tenancy, to all new residents. This shall be accomplished in a manner that includes, but is not limited to, distribution of materials to each household on an annual basis, posting notice of the plan in the most accessible common area in the
park that is open and available to all residents, and providing information on how to access the plan and request a written copy.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall publicly post on its internet website the requirements of this section that become operative on January 1, 2027.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An enforcement agency shall determine whether park management is in compliance with this section. The agency shall ascertain compliance by receipt of a copy of the plan during its review of the application for or renewal of a park’s permit to operate, site inspections conducted in response to complaints of alleged violations, or other reasons deemed appropriate by the agency to implement this section of law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this part, a violation of this section shall constitute an unreasonable risk to life, health, or
safety and shall be corrected by park management within 60 days of notice of the violation. If the violation is not corrected within 60 days of notice of the violation, the enforcement agency shall refuse to issue or renew a permit to operate and may impose formal penalties.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If park management does not correct a violation pursuant to subdivision (e) within 60 days of notice of the violation and formal penalties are issued by the enforcement agency, a subsequent written statement, as described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (b), shall be made under penalty of perjury before the issuance and renewal of the park’s permit to operate.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
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