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AB-1061 Mobilehome Residency Law.(2021-2022)

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Date Published: 02/18/2021 09:00 PM
AB1061:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1061


Introduced by Assembly Member Lee

February 18, 2021


An act to amend Section 798.40 of the Civil Code, relating to mobilehomes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1061, as introduced, Lee. Mobilehome Residency Law.
Under existing law if the management of a mobilehome park provides both master-meter and submeter service of utilities to a homeowner, for each billing period the charges for the period are required to be separately stated along with the opening and closing readings for the homeowner. Existing law requires management to post, in a conspicuous place, the specific current residential utility rate as published by the serving utility. Existing law authorizes management of a mobilehome park to also post the internet website address of the specific current residential utility rate schedule, as specified.
This bill would require the management of a mobilehome park that elects to separately bill water service to homeowners as a utility service and provide submetered water service to homeowners as a master-meter customer of the serving water utility or provider to charge each homeowner for the water consumed at the same rate that would be applicable if the homeowner were receiving water directly from the serving water utility or provider. The bill would prohibit management from billing, collecting, or seeking to collect a separate charge for the provision of submetered water service beyond the amount charged for the water actually used by the homeowner if the charge is not authorized by the serving water provider or the charge exceeds the collective total of any separate charges that are in fact paid by management to the serving water provider.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 798.40 of the Civil Code is amended to read:

798.40.
 (a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his or her the homeowner’s meter. The management Management shall post, in a conspicuous place, the specific current residential utility rate schedule as published by the serving utility or the Internet Web site internet website address of the specific current residential utility rate schedule. If the management elects to post the Internet Web site internet website address where the schedule may be accessed, the management shall also: (1) provide do both of the following
(1) Provide a copy of the specific current residential utility rate schedule, upon request, at no cost; and (2) state cost.
(2) State in the posting that a homeowner may request a copy of the rate schedule from management.
(b) If a third-party billing agent or company prepares utility billing for the park, the management shall disclose on each resident’s billing, the name, address, and telephone number of the billing agent or company.
(c) Whenever management elects to separately bill water service to a homeowner as a utility service pursuant to Section 798.41, and to provide submetered water service to homeowners as a master-meter customer of the serving water utility or provider, management shall charge each homeowner for the water consumed at the same rate that would be applicable if the homeowner were receiving water directly from the serving water utility or provider.
(d) (1) Notwithstanding subdivision (c), management shall not bill, collect, or seek to collect a separate charge for the provision of submetered water service beyond the amount charged for the water actually used by the homeowner, if the charge is either of the following:
(A) A customer or service charge that is not authorized by the serving water utility or provider.
(B) A customer or service charge that exceeds the collective total of any separate charges that are in fact paid by management to the serving water utility or provider.
(2) Management shall post, in a conspicuous place, the specific schedule of any separate water charges that are permitted by this subdivision and how those charges have been calculated by management.