All Eyes on Appropriations Suspense File

The Assembly and Senate Appropriations Committees are in high gear placing most measures on the Suspense File. The “Suspense File” is comprised of bills that have a significant fiscal impact on the state budget, and if a measure is held on this file after the Appropriations Committees meet on May 16, the bill is effectively dead for the year. Measures that are released from this file will be eligible for consideration by the full Senate or Assembly.

If the measures pass their original house of origin, they are then transmitted to the other house and will go through the policy and fiscal committees of the other house.

WMA is actively tracking and lobbying on many bills coming up for a vote next week in the Assembly Appropriations Committee. Next Wednesday, it will be decided if the following proposals, and many others will be placed on the Suspense File and acted on next Thursday.

Assembly Bill 2539 (Connolly, D-San Rafael) – Right of First Refusal

This bill is strongly opposed by WMA. It passed the Assembly Housing and Community Development and Judiciary Committees with the bare minimum of votes. AB 2539 will be heard in the Appropriations Committee on May 15, and indications are that it will be placed on the Suspense File.

In the policy committee, WMA stressed this bill — which would give tenant groups a right of first refusal to purchase a mobilehome park — was unconstitutional under both the California and the United States Constitution, but the measure passed anyway. In the Appropriations Committee, WMA will argue that the bill should not advance due to a significant fiscal impact that includes, but is not limited to:

• Loss of over $40 million in property taxes owed to local governments due to resident organizations purchasing mobilehome parks that are exempt from reassessment by County Assessors, since these organizations are generally nonprofit 501(c)(3) corporations.
• Passing and enacting AB 2539 into law will require the Attorney General to spend a considerable amount of money and staff time to defending the constitutionality of the measure in a lawsuit that will be filed after the measure is signed into law.
• The Department of Housing and Community Development (HCD) will have to hire more people to create, manage, and maintain a statewide database of mobilehome parks listed for sale and will have to hire additional staff to enforce the provisions of the legislation.

To read the current version and the official committee analyses, please click here.

Assembly Bill 2022 (Addis, D-Morro Bay) – Emergency Preparedness Plans

This bill, opposed by WMA, deals with how parkowners and managers operate in emergency situations and was substantially amended in committee on April 24.To secure passage of the bill out of policy committee, the author removed a penalty of perjury provision and removed liability involving owners and managers when complying with the request of emergency personnel to evacuate the park and shut off utilities.

This bill will likely be heard in the Assembly Appropriations Committee on May 15, and WMA is maintaining its strong opposition to the measure, despite the most recent amendments. The fiscal costs associated with AB 2022 would be significant due to increased responsibilities of HCD, even as HCD is working on developing a curriculum for manager training that must include emergency preparedness.

To read the current language of AB 2022, please click here.

Assembly Bill 2247 (Wallis, R-Palm Springs) – Extension of the Mobilehome Parks Act

This bill, supported by WMA, would extend the life of the Mobilehome Parks Act (MPA). The MPA is set to expire on January 1, 2025, and this bill will extend the program to January 1, 2030. AB 2247 will also require HCD to provide residents with violations about the Manufactured Housing Opportunity and Revitalization (MORE) Program to help them correct violations. The bill would require residents to be informed by HCD about how to apply for loans and grants to pay for necessary repairs. WMA was the primary witness in support of this legislation.

The Assembly Housing and Community Development Committee suggested amendments to also extend the Mobilehome Park Maintenance (MPM) and MPA fee statute until 2030. The author accepted the amendments. AB 2247 passed unanimously and will next be heard in the Assembly Appropriations Committee, where it will be heard on May 15.

To read the language of AB 2247 as amended, please click here.

Assembly Bill 2291 (Alanis, R-Modesto) – MRLPP Reforms Pursuant to State Audit

This bill was originally drafted in response to the California State Audit of the Mobilehome Residency Law Protection Program (MRLPP). It would have suspended the annual $10 per lot fee and would have required Legal Service Providers (LSPs) to disclose to HCD how funds distributed to LSPs are being spent in dealing with MRLPP complaints.

To read the full State Auditor Report of the MRLPP, click here.

To keep the bill alive, the author was forced to accept amendments to leave the fee in place. Provisions to ensure LSPs are qualified and competent were kept in the bill. HCD will be required to conduct regular surveys of complainants referred to a LSP to ensure the LSP is communicating with the complainant. The bill will be heard in the Assembly Appropriations Committee on May 15. 

To read the current language of AB 2291, please click here.

To view a list of bills being monitored and tracked by WMA, and to learn about the positions WMA has taken on these legislative measures, please click here.

HCD Public Comment Period on Qualifications for LSPs Handling MRLPP Complaints Remains Open

HCD announced that public comment will be considered on proposed emergency regulations involving the awarding of LSP contracts for handling MRLPP complaints. The rulemaking process was triggered with the passage of Assembly Bill 318, which was signed into law on October 11, 2023, requiring HCD to establish criteria for the selection of LSPs.

To learn how to submit comments by the deadline of May 23, 2024, please visit the WMA website by clicking here.

WMA is preparing comments to HCD regarding this proposed emergency regulation, but it would be helpful to have as many comments as possible made as HCD prepares for promulgation and implementation of this regulation.

HCD Posts 2024 Fair Housing Plan Recorded Listening Sessions

The California Department of Housing and Community Development (HCD) is updating California’s fair housing plan, also known as the Analysis of Impediments to Fair Housing Choice (AI), and has posted the Fair Housing Plan update to its website. To view slides and view the listening session regarding the Fair Housing Plan update as it relates to mobilehome parks, please click here.

To view other listening sessions involving a comprehensive update to the Fair Housing Plan in California, please review the California Fair Housing Plan Update. For more information, click here.

Membership Dues Renewal Underway

WMA membership renewal forms were sent out just over two weeks ago. If you have not yet received your renewal notice, you will soon see them in your mailbox. Through membership support, WMA has represented owners of mobilehome and manufactured housing communities since 1945 and remains the largest organization of its kind in the nation.

WMA continuously strives to dedicate your investment to program areas that actively contribute toward the economic success of your business. We encourage you to consider the many ways WMA makes your dues dollar work for you. To pay dues online, please click here.

Next Week’s Capitol Update Coming Friday, May 17

Due to the Senate and Assembly Committee deciding the fate of so many bills of interest to WMA on May 16, please be on the lookout for the Capitol Update to come next Friday instead of Thursday. This extension will allow us to give you the most accurate and timely information possible about the status of WMA bills of interest that can be found by clicking here.

It is an honor to serve WMA. Please feel free to reach me directly at chris@wma.org, or on my direct line at the office at 916.288.4026 if I may be of assistance or you need additional information.