Section 2705.6 Of Chapter 2. Water Companies From California Public Utilities Code >> Division 1. >> Part 2. >> Chapter 2.
2705.6
. (a) (1) A mobilehome park that provides water service only
to its tenants from water supplies and facilities that it owns, not
otherwise dedicated to public service, is not a water corporation.
However, if a complaint is filed with the commission by tenants of
the mobilehome park that represent 10 percent or more of the park's
water service connections during any 12-month period, claiming that
the water rates charged by the park are not just and reasonable or
that the service is inadequate, the commission shall have
jurisdiction to determine the merits of the complaint and shall
determine, based on all the facts and circumstances, whether the
rates charged are just and reasonable and whether the service
provided is adequate.
(2) The numerical threshold of persons may include former or
current tenants, or both.
(3) A person shall not file a complaint against a mobilehome park
pursuant to paragraph (1) if that person has not resided in that
mobilehome park within the last five years.
(b) Complaints filed pursuant to subdivision (a) are subject to
this code and to the Rules of Practice and Procedure of the
commission governing complaints and commission investigations.
(c) (1) A mobilehome park, as described in subdivision (a), shall
provide written notice to each of the mobilehome park's tenants to
inform those tenants of their right to, and how to, file a complaint
with the commission about the water rates charged or the service
provided by the mobilehome park. With respect to the notice, the
mobilehome park shall do all of the following:
(A) Provide the notice to new tenants at the time the tenants
establish residence within the mobilehome park.
(B) Provide the notice to tenants each time the mobilehome park
changes water rates or service.
(2) (A) Notwithstanding any other law, the notice provided by a
mobilehome park pursuant to paragraph (1) shall be written in
English, the languages set forth in subdivision (b) of Section 1632
of the Civil Code, and the language or languages of primary
communication with the residents receiving the notice.
(B) The commission shall prepare and make available on its
Internet Web site an approved notice in English and the languages set
forth in subdivision (b) of Section 1632 of the Civil Code. In
providing notice pursuant to paragraph (1), a mobilehome park shall
use the then-current language made available by the commission
pursuant to this subparagraph.
(3) A mobilehome park that fails to provide the notice required by
this subdivision shall be subject to the penalties established in
Section 2111.
(d) The commission may afford rate relief or may order the
mobilehome park to improve its water supply, facilities, and services
on those terms that it finds just and reasonable, or both.
(e) If the commission finds, after investigation, that the
mobilehome park has charged an unjust or unreasonable rate in
violation of this section subsequent to December 31, 2012, the
commission shall order the mobilehome park to reimburse the
complainants and any other current and former tenants affected by the
rate, if no discrimination will result from the reimbursement.
Reimbursement shall be calculated from the first date of collection
of the unjust or unreasonable rate, with interest. The commission
shall not make an order for the payment of reimbursement upon the
ground of unjustness or unreasonableness if the rate in question has
been previously declared by formal finding of the commission to be
reasonable. The commission shall not recognize the assignment of a
reimbursement claim except assignments by operation of law as in
cases of death, insanity, bankruptcy, receivership, or order of
court.
(f) The public advisor created pursuant to Section 321 and
necessary staff of the commission shall assist the complainants.