Self Storage Bill Watch List

AB 500 (Davies R) Rent increases: noticing

Current Text: Amended: 2/27/2023 

Last Amend: 2/27/2023

Status: 2/28/2023-Re-referred to Com. on JUD.

Location: 2/17/2023-A. JUD.

Summary: Current law requires a landlord of a residential dwelling to give notice at least a specified number of days, either 30 or 90, before the effective date of the change based upon the percentage increase in the amount of rent charged to the tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase. Current law authorizes a landlord of a residential dwelling to give notice either by personal service or mail, as specified. This bill would additionally authorize a landlord of a residential dwelling to give notice by electronic mail, as defined.

AB 539 (Nguyen, Stephanie D) Property rights

Current Text: Amended: 3/23/2023 

Last Amend: 3/23/2023

Status: 3/23/2023-Referred to Com. on JUD. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

Location: 3/23/2023-A. JUD.

Summary: Current law establishes property rights and provides that ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. This bill would make a nonsubstantive change to those provisions.

AB 542 (Carrillo, Juan D) Self-service storage facilities: lien sales

Current Text: Amended: 3/15/2023 

Last Amend: 3/15/2023

Status: 3/16/2023-Read second time. Ordered to third reading.

Location: 3/16/2023-A. THIRD READING

Summary: The California Self-Service Storage Facility Act specifies remedies and procedures for selfservice storage facility owners when occupants are delinquent in paying rent or other charges, including through enforcement of a lien by the sale of the stored property and requires an advertisement of the sale to be published once per week for 2 consecutive weeks in a newspaper of general circulation in the public notice district where the sale is to be held. Current law requires, if there is no newspaper of general circulation in the public notice district where the sale is to be held, the advertisement to be posted at least 10 days before the sale in at least 6 conspicuous places in the neighborhood of the proposed sale. This bill would instead require a single publication in a newspaper of general circulation in either the public notice district where the sale is to be held or in the county where the self-service storage facility is located. The bill would delete the above-described alternative that the advertisement be posted in at least 6 conspicuous places and would alternatively authorize an owner to satisfy these notice requirements by publishing an advertisement for the sale on an internet website that customarily conducts or advertises online auctions or sales. The bill would require the online advertisement to remain online for 7 days before the sale.

AB 721(Valencia D)   School districts: budgets: public hearings: notice.  

Current Text: Amended: 3/27/2023   html   pdf

Last Amend: 3/27/2023

Status: 3/28/2023-Re-referred to Com. on APPR.

Location: 3/23/2023-A. APPR.

Summary: Current law requires the governing board of each school district to hold a public hearing on the proposed budget of the school district in a school district facility, or some other place conveniently accessible to the residents of the school district, as specified. Current law requires notification of the dates and location or locations at which the proposed budget may be inspected by the public, and the date, time, and location of the public hearing on the proposed budget to be published by the county superintendent of schools in a newspaper of general circulation in the school district or, if there is no newspaper of general circulation in the school district, in any newspaper of general circulation in the county, at least 3 days before the availability of the proposed budget for public inspection. This bill would require that information to instead be posted prominently on the homepage of the internet website of the school district or published by the school district in a newspaper of general circulation in the school district or, if there is no newspaper of general circulation in the school district, in any newspaper of general circulation in the county, at least 3 days before the availability of the proposed budget for public inspection.

AB 950 (Maienschein D) Accessibility: internet websites

Current Text: Introduced: 2/14/2023 

Status: 3/2/2023-Referred to Com. on JUD.

Location: 3/2/2023-A. JUD.

Summary: Current law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorney’s fees, as specified, to any person who was denied the specified rights. Current law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorney’s fees to a person who was denied those rights. Current law establishes in state government the California Commission on Disability Access, which is required to provide information regarding preventing or minimizing problems of compliance by California businesses by providing educational services, including outreach efforts, and by preparing and hosting on its internet website a Guide to Compliance with State Laws and Regulations Regarding Disability Access Requirements. This bill would specify that statutory damages based upon the inaccessibility of internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entity’s goods and services to the public. The bill would, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, require the plaintiff to prove that they personally encountered a barrier that interfered with their ability to access all or part of the entity’s internet website and that caused them to experience a difference in their access to, or use of, the website as compared to other users such that they were unable to acquire the same information, engage in the same interaction, or enjoy the same services with substantially equivalent ease of use, or have the same level of privacy and independence as other users who are not disabled, or that they were deterred from accessing all or part of the internet website because of the website’s failure to provide equally effective communication or to facilitate full and equal enjoyment of the entity’s goods and services to all members of the public.

AB 1045(Hart D)   Hazardous materials: public notices.    

Current Text: Amended: 3/22/2023   html   pdf

Last Amend: 3/22/2023

Status: 3/29/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March

28). Re-referred to Com. on APPR.

Location: 3/29/2023-A. APPR.

Summary: The Carpenter-Presley-Tanner Hazardous Substance Account Act establishes a program authorizing certain responses to releases of hazardous substances, including spills and hazardous waste disposal sites that pose a threat to the public health or the environment, and imposes liability for hazardous substance removal or remedial actions. Current law requires the Department of Toxic Substances Control, a local agency, or a regional board, as applicable, to publish specified public notices in a newspaper of general circulation, as described, in connection with various proceedings governed by the hazardous waste control laws and the laws governing hazardous substances, including, among other notices, a notice of intent to file an application for a land use decision for a specified hazardous waste facility project, notice regarding a proposed agreement for a hazardous waste easement, covenant, restriction, or servitude, as described, upon the present and future uses of land, notice regarding public hearings on a proposed hazardous waste management plan, and specified notices regarding removal or remedial actions with respect to hazardous substances. This bill would authorize the department, a local agency, or regional board, as applicable, in lieu of publishing a notice in a newspaper of general circulation, as specified, to use any other reasonable means to publicize the notices, including, but not limited to, the online versions of newspapers, community bulletin boards, civic engagement platforms, app-based platforms, or other digital platforms, if the department, local agency, or regional board determines, based on research about the affected community, as described, a baseline community survey, or interviews with affected community members, that the targeted community receives information primarily through other means.

AB 1075 (Gallagher R) State of emergency: Governor’s powers and termination

Current Text: Introduced: 2/15/2023 

Status: 3/2/2023-Referred to Com. on E.M.

Location: 3/2/2023-A. EMERGENCY MANAGEMENT

Summary: The California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency in an area affected by or likely to be affected thereby, if specified conditions exist and either specified local officials request the Governor to make that proclamation, or the Governor determines that local authority is inadequate to cope with, the emergency. During a state of emergency, current law confers on the Governor, to the extent the Governor deems necessary, complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. This bill would, instead, authorize the Governor to exercise within the area designated all executive power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA.

AB 1312(Committee on Banking and Finance)   Financial transactions.    

Current Text: Introduced: 2/16/2023   html   pdf

Status: 3/28/2023-In Senate. Read first time. To Com. on RLS. for assignment.

Location: 3/28/2023-S. RLS.

Summary: The California Financing Law prohibits a person from engaging in the business of a finance lender or broker without obtaining a license from the Commissioner of Financial Protection and Innovation. The Banking Law, provides for the regulation of foreign (other state) banks that maintain a facility or branch office in California by the Department of Financial Protection and Innovation. The law requires these banks to pay fees to the Commissioner of Financial Protection and Innovation, as specified. The Rosenthal Fair Debt Collection Practices Act prohibits debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts. The act requires a debt collector to cease collection activities until completion of a specified review upon receipt from the debtor of specified documents, including the debtor’s written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the debt collector. The act requires the debt collector to take specified actions within 10 business days of receiving these documents. The act requires that statement to consist of specified information, including a specified certification. The act requires a debt collector to provide specified information to a debtor who notifies the debt collector orally that they are a victim of identity theft, and to a debtor who notifies a debt collector in writing that they are a victim of identity theft that omits specified information. This bill would make technical changes to these provisions.

AB 1366 (Maienschein D) Liens: general aviation aircraft

Current Text: Introduced: 2/17/2023 

Status: 3/2/2023-Referred to Com. on JUD.

Location: 3/2/2023-A. JUD.

Summary: Under current law a person has a lien, dependent upon possession, for the amount the person is owed for any services, materials, or storage provided for any aircraft, unless specified exceptions apply. If the lienholder is not paid the amount due within 10 days of its due date, the lienholder is entitled to sell the aircraft at public auction in satisfaction of the lien. The lienholder is required to publish notice of the lien sale in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in 3 of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale, as specified.

This bill would instead require a lienholder to post notice of the sale of the aircraft in 5 of the most public places in the city or place where the aircraft is to be sold if there is no newspaper published in the county.

AB 1404 (Carrillo, Wendy D) Disability access: internet website-related accessibility claims

Current Text: Introduced: 2/17/2023 

Status: 3/2/2023-Referred to Com. on JUD.

Location: 3/2/2023-A. JUD.

Summary: The Unruh Civil Rights Act, commonly referred to as the Unruh Act, and federal law, Americans with Disabilities Act of 1990, prohibit discrimination on the basis of various specified personal characteristics, including disability. Current law prescribes remedies for violations of these prohibitions, which include actual damages, any amount determined by a jury or a court up to a maximum of 3 times the amount of actual damages but in no case less than $4,000, and attorney’s fees to be determined by the court. This bill would require an attorney, with each demand letter or complaint alleging an internet website-related accessibility claim, to provide the small business defendant, as defined, with a copy of a written advisory notice pertaining to disability access laws, as specified. If the small business defendant corrects the violation within 60 days of receiving the notice, the bill would reduce the maximum statutory damages to $25.