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AB-166 Building Homes and Jobs Act: recording fee: hardship refund.(2017-2018)

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Date Published: 09/08/2017 09:00 PM
AB166:v97#DOCUMENT

Amended  IN  Senate  September 08, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 166


Introduced by Assembly Member Salas

January 13, 2017


An act to add Section 116676 to the Health and Safety Code, relating to drinking water. 27388.2 to the Government Code, relating to document recording, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 166, as amended, Salas. Safe drinking water: household filtration systems: rebate program. Building Homes and Jobs Act: recording fee: hardship refund.
Existing law authorizes a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded, not to exceed $10 for the first page and $3 for each additional page, to reimburse a county for the costs of specified services relating to recording those documents. Existing law authorizes various additional recording fees for specified purposes.
This bill would authorize a property owner to request a refund based on hardship of a fee, proposed to be imposed by SB 2, if he or she files a claim with the county recorder, in the county in which the fee was collected, that certifies under penalty of perjury that he or she meets specified criteria related to household income and the fee was levied and collected as part of a transaction to a refinance of the property that was the subject of the recording. By authorizing county recorders to issue a refund of this fee, this bill would make an appropriation. The bill would require the county recorder to deduct any amount issued for a refund from the amount to be remitted to the Department of Housing and Community Development and to annually report to the department on the number of hardship refunds granted pursuant to these provisions.
By imposing new duties on local government officials with respect to the collection of the recording fee, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system without a permit and requires any person who owns a public water system to ensure that the system, among other things, provides a reliable and adequate supply of pure, wholesome, healthful, and potable water.

This bill would require the state board, in collaboration with specified entities, to conduct a study on the feasibility and financial stability of a rebate program that would provide a household that is served by a water system that does not meet primary drinking water standards with a rebate for the purchase of a household water filtration system. The bill would also require the study to include any recommendations for the Legislature to implement the rebate program. The bill would require the state board to conclude the study no later than January 1, 2019, and to submit a report on the study to the Legislature no later than March 1, 2019.

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 27388.2 is added to the Government Code, to read:

27388.2.
 (a) A property owner may request a hardship refund of the fee imposed pursuant to Section 27388.1 if he or she files a claim with the county recorder in the county in which the fee was collected that certifies under penalty of perjury that he or she satisfies both the following criteria:
(1) (A) If the property owner lives in a county with a population of more than 1,000,000 persons, the property owner’s household is a “very low income household,” as that term is defined in Section 50105 of the Health and Safety Code.
(B) If the property owner lives in a county with a population of 1,000,000 persons or fewer, the property owner’s household is a “low income household,” as that term is defined Section 50079.5 of the Health and Safety Code.
(2) The fee was levied and collected as part of a transaction related to a refinance of the property that was the subject of the recording.
(b) The county recorder shall issue a refund of the fee imposed pursuant to Section 27388.1 to a property owner who satisfies the criteria specified in subdivision (a). Issuance of the refund shall be a ministerial duty of the county recorder.
(c) The county recorder shall deduct any amount issued for a refund from the amount to be remitted pursuant to subdivision (b) of Section 27388.1. The county recorder shall annually submit a report to the Department of Housing and Community Development on the number of hardship refunds granted pursuant to this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 116676 is added to the Health and Safety Code, to read:
116676.

(a)The State Water Resources Control Board, in collaboration with the State Energy Resources Conservation and Development Commission and other relevant stakeholders, shall conduct a study on the feasibility and financial stability of a rebate program, as developed by the State Water Resources Control Board, that would provide a household that is served by a water system that does not meet primary drinking water standards with a rebate for the purchase of a household water filtration system. The study shall also include any recommendations for the Legislature to implement the rebate program.

(b)The State Water Resources Control Board shall conclude the study no later than January 1, 2019, and shall submit a report on the study to the Legislature no later than March 1, 2019.