California 2011-2012 Regular Session Status: Enacted

AB 2697 — Housing Omnibus Act.

Last action — Chaptered by Secretary of State - Chapter 770, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 21, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The Mobilehome Residency law requires the local agency of any city, including a charter city, county, or city and county that administers an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management of a mobilehome park may charge a tenant for rent to permit the management to separately charge a homeowner for certain fees, as specified. Existing law exempts from this requirement, among other things, costs that are imposed on management for a fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the management for a violation of the Mobilehome Residency Law. This bill would correct an erroneous cross-reference within this provision. (2) Existing law sets forth standards for determining liability in an action seeking the recovery of damages arising out of, or related to, deficiencies in residential construction, design, and related issues, as specified, including standards governing the installation of heating, if any. This bill would revise those standards to require heating to be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point 3 feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point 3 feet above the floor and 2 feet from the exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or after January 1, 2008. (3) The Common Interest Development Open Meeting Act, within the Davis-Stirling Common Interest Development Act, prohibits a board of directors from conducting a meeting via a series of electronic transmissions, except in the case of an emergency meeting. Existing law requires the board, individually or collectively, to consent in writing to the conduct of an emergency meeting of the board via electronic transmission, and authorizes that written consent to be transmitted electronically. This bill would make a technical, nonsubstantive change to this provision. (4) The Common Interest Development Open Meeting Act, within the Davis-Stirling Common Interest Development Act, defines the term "meeting" to include a teleconference in which a majority of the members of the board, in different locations are connected by electronic means, as specified, requires the notice of a teleconference meeting to identify at least one physical location so that members of the association may attend, and requires at least one member of the board of directors to be present at that location. This bill would instead require that at least one member of the board of directors or a person designated by the board be present at that location. (5) The Davis-Stirling Common Interest Development Act requires the owner of a separate interest, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract, to provide various items to the prospective purchaser, including, among other things, a statement describing any prohibition, and its applicability, contained in the governing documents against the rental or leasing of any separate interest in the common interest development to a renter, lessee, or tenant. This bill would eliminate the requirement to describe the applicability of the prohibition. (6) The Manufactured Housing Act of 1980 requires the Department of Housing and Community Development to administer occupational licenses for dealers, as defined. The act authorizes a dealer to display manufactured homes, mobilehomes, or commercial coaches at a fair, exposition, or similar exhibit for no more than 30 days, and defines "mobilehome fair or exposition" to mean a display of manufactured homes, mobilehomes, or commercial coaches not limited to one dealer and not in a mobilehome park. This bill would remove the 30-day limit on the display of manufactured homes, mobilehome, or commercial coaches at a fair, exposition, or similar exhibit. The bill would also revise the definition of "mobilehome fair or exposition" to mean a display of manufactured homes, mobilehomes, or commercial coaches not in a mobilehome park and for which the initial opportunity to display is open to all dealers. The bill would also specify that a display does not qualify as a business location or an established place of business for the purposes of procuring or maintaining a dealer's license. (7) The California Building Standards Law provides for the promulgation 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 or adoption. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. Existing law requires the commission to publish the text of a specified provision within the area of the code concerning single-family residential occupancies with a note specifying that the regulations may be subject to local government modification. This bill would correct an erroneous cross-reference within that provision. (8) This bill would incorporate additional changes in Section 1368 of the Civil Code proposed by AB 1838, that would become operative only if AB 1838 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 770, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6749.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5033.).

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. Ordered to second reading.

  10. From inactive file.

  11. Ordered to inactive file at the request of Senator DeSaulnier.

  12. Ordered to third reading.

  13. From consent calendar.

  14. Read second time and amended. Ordered to consent calendar.

  15. From committee: Do pass as amended. To consent calendar. (Ayes 9. Noes 0.) (July 2).

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  17. Referred to Com. on T. & H.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4887.)

  20. Read second time. Ordered to consent calendar.

  21. From committee: Do pass. To consent calendar. (Ayes 6. Noes 0.) (May 9).

  22. Re-referred to Com. on H. & C.D.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  24. Referred to Com. on H. & C.D.

  25. From printer. May be heard in committee April 21.

  26. Read first time. To print.

Sponsors

  • Committee on Housing and Community Development · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Housing and Community Development

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 77000
Democratic 1000
Republican 2000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Butler — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Chesbro — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
Atkins — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
Gordon — Yea
Yamada — Yea
Gorell — Yea
Allen — Yea
Halderman — Yea
Bonilla — Yea
Hall — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Hayashi — Yea
Huffman — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Conway — Yea
Cook — Yea
Donnelly — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Knight — Yea
Perea — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Price — Yea
Walters — Yea
Wright — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Runner — Not Voting
Fuller — Yea
Cannella — Yea
Corbett — Yea
Dutton — Yea
Pavley — Not Voting
Vargas — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Harman — Yea
Rubio — Yea
Lowenthal — Yea
Pavley — Yea
Simitian — Yea
Kehoe — Yea
Wyland — Yea
DeSaulnier — Yea
Beth Gaines — Yea

Official roll call →

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 72005
Republican 2000
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Butler — Yea
Carter — Yea
Feuer — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Fong — Yea
Cedillo — Yea
Gordon — Yea
Campos — Yea
Hall — Yea
Bonilla — Yea
Atkins — Yea
Hayashi — Yea
Jeffries — Yea
Fletcher — Not Voting
Knight — Yea
Lara — Yea
Chesbro — Yea
Dickinson — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Skinner — Not Voting
Torres — Yea
Wieckowski — Yea
Allen — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Cook — Yea
Olsen — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Perea — Not Voting
Solorio — Yea
Wagner — Yea
Eng — Yea
Davis — Yea
Donnelly — Yea
Furutani — Yea
Galgiani — Yea
Yamada — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Atkins — Yea
Jeffries — Not Voting
Cedillo — Yea
Bradford — Yea
Hueso — Yea
Torres — Yea
Beth Gaines — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2697 do?
(1) The Mobilehome Residency law requires the local agency of any city, including a charter city, county, or city and county that administers an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management of a mobilehome park may charge a tenant for rent to permit the management to separately charge a homeowner for certain fees, as specified. Existing law exempts from this requirement, among other things, costs that are imposed on management for a fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the management for a violation of the Mobilehome Residency Law. This bill would correct an erroneous cross-reference within this provision. (2) Existing law sets forth standards for determining liability in an action seeking the recovery of damages arising out of, or related to, deficiencies in residential construction, design, and related issues, as specified, including standards governing the installation of heating, if any. This bill would revise those standards to require heating to be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point 3 feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point 3 feet above the floor and 2 feet from the exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or after January 1, 2008. (3) The Common Interest Development Open Meeting Act, within the Davis-Stirling Common Interest Development Act, prohibits a board of directors from conducting a meeting via a series of electronic transmissions, except in the case of an emergency meeting. Existing law requires the board, individually or collectively, to consent in writing to the conduct of an emergency meeting of the board via electronic transmission, and authorizes that written consent to be transmitted electronically. This bill would make a technical, nonsubstantive change to this provision. (4) The Common Interest Development Open Meeting Act, within the Davis-Stirling Common Interest Development Act, defines the term "meeting" to include a teleconference in which a majority of the members of the board, in different locations are connected by electronic means, as specified, requires the notice of a teleconference meeting to identify at least one physical location so that members of the association may attend, and requires at least one member of the board of directors to be present at that location. This bill would instead require that at least one member of the board of directors or a person designated by the board be present at that location. (5) The Davis-Stirling Common Interest Development Act requires the owner of a separate interest, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract, to provide various items to the prospective purchaser, including, among other things, a statement describing any prohibition, and its applicability, contained in the governing documents against the rental or leasing of any separate interest in the common interest development to a renter, lessee, or tenant. This bill would eliminate the requirement to describe the applicability of the prohibition. (6) The Manufactured Housing Act of 1980 requires the Department of Housing and Community Development to administer occupational licenses for dealers, as defined. The act authorizes a dealer to display manufactured homes, mobilehomes, or commercial coaches at a fair, exposition, or similar exhibit for no more than 30 days, and defines "mobilehome fair or exposition" to mean a display of manufactured homes, mobilehomes, or commercial coaches not limited to one dealer and not in a mobilehome park. This bill would remove the 30-day limit on the display of manufactured homes, mobilehome, or commercial coaches at a fair, exposition, or similar exhibit. The bill would also revise the definition of "mobilehome fair or exposition" to mean a display of manufactured homes, mobilehomes, or commercial coaches not in a mobilehome park and for which the initial opportunity to display is open to all dealers. The bill would also specify that a display does not qualify as a business location or an established place of business for the purposes of procuring or maintaining a dealer's license. (7) The California Building Standards Law provides for the promulgation 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 or adoption. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. Existing law requires the commission to publish the text of a specified provision within the area of the code concerning single-family residential occupancies with a note specifying that the regulations may be subject to local government modification. This bill would correct an erroneous cross-reference within that provision. (8) This bill would incorporate additional changes in Section 1368 of the Civil Code proposed by AB 1838, that would become operative only if AB 1838 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Who sponsors AB 2697?
AB 2697 is sponsored by Committee on Housing and Community Development.
What is the current status of AB 2697?
This bill has been enacted into law. Introduced March 21, 2012. Enacted.
Where can I track AB 2697?
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